Published on the World Journal Weekly on September 18, 2016

Q&A 1 2


Eligible for Expanded Program When Caught at Airport, Lost Case, USC Spouse and 3 Children?


I entered the U. S. in March 2005 and was caught at the airport because I use fake Chinese passport. I lost at my immigration court hearing in 2007, and lost my appeal at the Board of Immigration Appeals in 2009. I am married to a U. S. citizen and we have 3 children. I have gone to 3 immigration lawyers who tell me that I cannot adjust my status in the U. S., and that it would be very hard for me to reopen my case. I heard about the new I-601A expanded program that gives a waiver to people who have deportation orders. Can I apply?

Dear reader,

Unfortunately you will not be able to take advantage of this change in regulation because the I-601A expansion program while giving hope to those who have orders of removal does not cover those who have entered the U. S. using fraud or misrepresentation. You remain eligible for the original I-601 waiver which requires that you be interviewed by the U. S. Consulate, denied, and given the opportunity to submit the waiver which covers grounds other than unlawful presence. You would have to remain overseas while the waiver is adjudicated. In such circumstance, if all is approved, you would be overseas for approximately 6-12 months.

Q&A 2

Eligible for Expanded Program with LPR Motherís 2012 and USC Brotherís 2005 Petitions?

Am I eligible for new I-601A? I came to the U. S. with a B-2 visa in 2002, changed status to F-1 student and H-1B, but lost my job in 2009 and have been here illegal ever since. I am single and my mother is a permanent resident who applied for me in 2012. My brother is a U. S. citizen who applied for me in 2005. I have no history of deportation or criminal problems.

Dear reader,

Under the I-601A expansion rule, it would appear that you are eligible to apply. However, you will have to wait for the priority dates on either petition to become more current before you can submit an I-601A waiver application based upon extreme hardship to your mother. An I-601A can only be submitted when you have paid the filing fee of the immigrant visa with the National Visa Center (NVC). The NVC will only begin working on a case when the “date for filing” as seen on the monthly visa chart of the State Department has been reached. This is as opposed to the “final action date” when an immigrant visa can be approved. For the month of September 2016, the F-2B category for single sons or daughters over the age of 21 of permanent residents has a date of 2/8/11 for “dates of filing” (all countries except Mexico and the Philippines), and the F-4 category for brothers and sisters of U. S. citizens is up to 6/15/04 for” dates of filing” (all countries except India, Mexico in the Philippines). I assume that you will have to wait 1-2 years for either petition to be reached under the “date for filing” chart.

 

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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