Published on the World Journal Weekly on October 25, 2015

Q&A 1. 2. 3. 4.

10-year Bar Over, What to Do to Allow Mother to Immigrate?

A son asks:

I am now a U. S. citizen, and my mother was deported 10 years ago after sneaking in through Mexico. I am petitioning for her on the form I-130 to come to the United States. Because she has been deported, I wonder if there are any waivers or other things that she will have to go through for her immigration. If so, please let me know so that I can start helping her now.

Dear reader,

When your mother is interviewed for the immigrant visa, she should have proof of the date that she left the U. S.; and proof of where she has been and what she has been doing ever since she left. I do note that consular officers have been known to ask for items which may not be tremendously relevant where prior deportations are concerned in the interest of caution, but where there is no fraud or criminal charge or other bar, no further forms nor waivers should be necessary since she has already passed the time limit for barring people because of deportation or illegal presence.

Q&A 2.

How Can I Get My Order of Removal Taken Back As I Am Now Out of the Country?

An Illegal Alien asks:

I was illegally in the United States for over 20 years, had no problems with police, worked hard and paid my taxes, and left the U. S. 5 years ago. I just found out that I have had an order of removal against me since 2010. I want to clear this from my record as I never knew about it until now. What can I do?

Dear reader,

Most federal circuit courts that have decided on the question of whether someone can reopen his or her case after leaving the US have come down on the side of the alien that a motion to reopen or reconsider is allowed. However, you must have grounds to reopen the case and just asserting that you were never informed of the judgment of removal in 2010 is not sufficient to reopen, especially as ICE had to convince an immigration judge that you had been served properly with a notice to appear in the immigration court. You may wish to obtain a copy of your immigration file through the Freedom of Information Act to see how service of the court papers was effected, or you may even wish an immigration lawyer to obtain the file for you. Only in such fashion can you begin proceedings to have the order removed.

Q&A 3.

F-1 Student on Grace Period After Studies Wants to be Assured That He Can Take A Trip to Canada and Return to U. S. During This Time

A F-1 student asks:

I am an F-1 student who has just graduated, do not want OPT, and will return to Taiwan once my 60 day grace period is over. The question that I have is whether I can take a trip to Canada during the grace period and be allowed back in. As a visa waiver program country national, I also applied for an ESTA and had it approved. I’ll be showing the immigration officer my flight ticket after my reentry which will be from JFK airport to Taiwan a week later and that I still have funds in the United States. Should I also apply for a B-2 visa at the American consulate in Montréal? Is that necessary?

Dear reader,

Given the circumstances that you describe and the proof that you will be presenting, I believe that you make a very reasonable case as to why you should be allowed back into the US under the visa waiver program. Of course, the final word on your plan will be by a CBP officer or his or her supervisor if you challenge a negative decision. Applying and receiving a B-2 visa would say to the CBP officer that you presented your case to an American consular officer and he or she believed it viable enough to issue the B-2 visa. So having a B-2 visa would be a definite plus on your side, although its necessity is questionable.

Q&A 4.

Is There a Way That My Mother Can Stay With Me in the U. S. While I Am a J-1 Scholar?

A J-1 scholar asks:
I received a scholarship to a prestigious school during which I am doing graduate work both studying and researching. The program is for 3 years. My mother came last year and stayed 6 months, but in her latest visit, she was told by the immigration officer at the airport that she had to stay outside the U. S. for 6 months before she next entered the United States. She left the U. S. after her visit and has been back home to China for the past 3 months. She is living by herself as I am the only child and my father has passed away. When she comes back, is there a way that she can stay with me until the end of my program?

Dear reader,

There is a provision to allow persons like your mother to stay longer in the US with people like you holding long-term non-immigrant statuses if they can prove that they were living together in the same household in the foreign country. Your mother can either try to see whether an American consular officer will annotate her visa so that a Customs and Border Protection (CBP) officer can see that she is coming in for this purpose, or she can enter the US as usual and request an extension of time from U.S.C.I.S. citing the policy when her time to stay is close to expiring.


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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