Published on and the Epoch Times on August 28, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Pardon Waiver After Visa Interview

I was brought to the US at the age of 5 I'm 20 now and graduated and learned everything thing in the US. I plan on studying as well and my whole life is in the US. I came to Mexico for my interview and now I can't go back to the US. Unless I get a pardon. I've filed for an interview when I was 16 but barely got it today and came to Mexico a week ago. Are the odds against me? I spent all day crying with my parents when I told them the news. I don't want to be here in Mexico for so long. I have no family here at all. My whole life I built in the US will go to waste and I don't want to happen at all. Please I need to know if I am eligible or not. I'm sorry if I didn't provide enough information but my father and mother are US citizens and my dad petitioned for me.

Mr. Lee answers:

You are eligible for an I-601 waiver for your illegal stay in the U. S. The application is based on establishing extreme hardship to your mother and father if you cannot return to this country. Such applications should include statements by you, your parents, and documentary evidence as to why your parents would suffer extreme hardship if you were separated and also if they move permanently to Mexico to stay with you. The application is submitted to the U.S.C.I.S. lockbox in Phoenix, Arizona with fee of $585.

If sending by U.S. Postal Service, send to:
PO Box 21600
Phoenix, AZ 85036

If sending by express mail or courier:
ATTN: 601/212 Foreign Filers
1820 E.Skyharbor, Circle S, Suite 100
Phoenix, AZ 85034

Q&A 2.

Form I-485

I am trying to sponsor my mom who came to US 23 years ago on tourist visa. I am US citizen. I am in process of filling out the I-485 and there is a question to write I-94 number and send copy of the visa in her passport. She does not have any of those because its been more than 20 years ago and her passport was renewed 3 times.

Mr. Lee answers:

Your mother should fill out form I-102 application for a replacement I-94 card. She should attach as much evidence that she can pertaining to her entry including a detailed statement, and any documents that she may have kept including flight ticket, boarding pass, baggage claim receipts, etc. The I-102 is to be submitted to the U.S.C.I.S. lockboxes in either Dallas or Phoenix depending upon your mother’s residence.

Q&A 3.

I Recently Applied for Citizenship, Case Still Pending But A Family Member Passed Away in My Home Country

Would going back affect my application in any way? Is there a maximum time period I’m allowed to be away? Are there steps I need to take before going?

Mr. Lee answers:

Short trips outside the United States after having filed for naturalization would not have an adverse effect on the application for citizenship. Especially having a good reason would preclude problems. There are no steps that you need to take before going. While there is no maximum time period that you are allowed to be away, it would be prudent to keep the trip as short as possible, e.g. 1-2 months.

Q&A 4.

Will a Divorce Affect My Immigration Status?

My wife was granted an asylum ( a derivative asylum for me) in 2010. We both applied for and received permanent resident status in 2012. Now we are talking about to divorce. Will a divorce affect my permanent residence and possible naturalization?

Mr. Lee answers:

At this stage, since you have already received permanent residence, a divorce would not affect your permanent residence nor naturalization. 



Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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