Published on the World Journal Weekly on October 30, 2016

Q&A 1 2


Will My Incidents With the Police in the Past Affect the Judgment of an I-601A Application By Me?


Before 2005, I had two misdemeanors with the police. I entered the country illegally, but understand that I can file an I-601A waiver since my son is now 21 and a U. S. citizen, and my mother has a green card. Please tell me if my past offenses will give me a hard time in getting the I-601A approved.

Dear reader,

As you note, you are now eligible for an I-601A waiver application of your unlawful presence in the U. S. The I-601A program which was begun in 2013 was expanded in July 2016 to include all eligible classes. It is meant to benefit those individuals who would be barred for 10 years if they want to complete their immigration case by going outside the U. S. for a consular interview for the green card. In this case, your son would apply for the I-130 Petition for Alien Relative, and upon its being approved and his receiving a fee bill from the National Visa Center (NVC), you could then prepare and send in the I-601A waiver application which would be based upon extreme hardship to your permanent resident mother if you could not return to the U. S. Insofar as your two misdemeanors are concerned, they would be part of the consideration of whether U.S.C.I.S. should approve the waiver in its discretion assuming that extreme hardship to your mother has been established. Factors to be considered would be the final disposition, seriousness of the incidents, rehabilitation, etc. I note that in the regulation expanding the I-601A program, U.S.C.I.S. has withdrawn its prior stance that it should be able to deny I-601A waivers applications if it has “reason to believe” that the applicant is ineligible. It now believes that the task of determining ineligibility should fall upon the U. S. consulates or Embassy when interviewing and Customs and Border Protection officers when applicants reenter the U. S.

Q&A 2

If I Have an Immigration Court Decision Giving Me Withholding of Removal, the A10 Card, Am I Eligible for the I-601A Program?

I sneaked into the United States without documents in 2009, applied for political asylum, and was given only withholding of removal, the (A) (10) card, because I did not apply within one year of my coming to the country. So now I cannot travel outside of the country and cannot obtain a green card even though I am married to a U. S. citizen and have 3 children. I heard about the expansion of the I-601A program to allow for persons who have deportation orders to waive the deportation so that we can come back to the country right after an overseas interview at the American consulate for the green card. Does this apply to me who has the (A) (10) card?

Dear reader,

Although the point is not entirely clear, U.S.C.I.S. representatives at the stakeholder meeting on the subject in September 2016 seemed to believe that an order of the immigration court giving withholding of removal was a final order that could be used as a basis for applying for an I-212 Application for Permission to Reapply for Admission to the U. S. after Deportation or Removal and later for an I-601A application.

Q&A 3

Just Got Married How Soon Before My Husband Can Come Here?

I went to China last month in order to marry and just came back. We’ve known each other for a long time, are almost the same age, and this is our first marriage. How long will it take for me to petition for him to come here and join me here in the U. S.?

Dear reader,

Assuming that you are a US citizen or permanent resident, and that your husband does not have an adverse immigration history in the US, you can file form I-130 Petition for Alien Relative, have it approved, and he can begin consular processing for his immigration interview. If you are a US citizen, the process would normally take less a year. If you are a permanent resident, the process would likely take between 2-3 years. The time assumes that there are no problems at the consular interview.

 

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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