Published on Lawyers.com and the Epoch Times on August 25, 2017
Q & A.
Can We Get a Green Card in Spite of Our Removal Proceeding Case?
Our son petition us and was approve by INS. My husband was in custody due to illegal stay. He was released and judge closed the case subject to re-calendar. When my son reached 21 years old he petitioned us and was approved by INS. However, when we applied for green card approval was pending until judge clear us of removal proceedings. We hired a lawyer and a request to re-calendar the case was made. This has been submitted two years ago but of this date no action from the judge. Please advice any measure to take to expedite papers. We have been in the country for 24 years. We are not a terrorist, we are not a criminal. We are working here productively and pay our taxes. Our only fault is overstaying in this country.
Mr. Lee answers:
It appears that the immigration judge was sympathetic in having your husband's case administratively closed until your son reached the age of 21 so that your son could then petition for both of you and the judge would be able to grant some form of relief. The delay in re-calendaring the case is likely because immigration courts these days are tremendously backlogged with hundreds of thousands of cases and the dates for hearing are being scheduled further and further down the road. If your lawyer has not done so, he or she should keep reminding the immigration court of the request to re-calendar your husband's case. Your attorney can also communicate with the ICE attorneys to see whether they can push the court.
Will I Have Trouble Entering the Country/Extending My Visa?
If you have been given a citation for a possession of a false ID (you have not been arrested, fingerprinted, or processed) and you get your case dismissed then expunged in court. Will it affect reentering the country or getting my visa extended? I am a foreign citizen here on an F-1 and plan on getting the F-1 renewed one last time.
Mr. Lee answers:
If your case was dismissed and then expunged in court, you should still be able to reenter the US under an F-1 visa. Even if you had to have the visa renewed at a US consulate or embassy overseas, you would likely not have a problem as the visa application form asks about arrests and convictions, not citations, and according to you, you were not arrested or even fingerprinted.
Derivative Beneficiariesí Financial Sponsor
My US citizen brother was sponsored me for us immigration visa and I got my interview letter in September 2016 including my wife and my 10y daughter (both are derivative beneficiaries) but some personal family issues my wife and daughter was not came with me for interview. I got visa alone and now I am lawful permanent resident here. My wife and my little daughter case is still open and ready for interview but my brother is not want to both come here. He asks me to submit new petition by yourself. My brother already submitted I-864 to all my family when NVC asked. I missed my wife and daughter here and same my wife and daughter missed me in India i am working (job) in USA but my income is low because i am new here. My question is that can i use other joint affidavit of support for this current case or submit new petition again on by my behalf for my wife and my 10y child in F2A category and also let me know how much time to take interview after new petition file.
Mr. Lee answers:
To use your brother's petition for your family's immigration, he would again have to be the I-864 affidavit of support sponsor. You would not be able to use somebody else's affidavit of support in lieu thereof. You can submit your own petition for your wife and your child under the F-2A category and the processing time will probably be approximately 2 years. For that, you would give your I-864 affidavit of support and if not enough, you would be able to present a cosponsor as long as the co-sponsor's affidavit of support appears to be credible to an interviewing U.S. consular officer.