Published on Lawyers.com and the Epoch Times on August 24, 2018
Q & A.
Family Sponsored Immigration Visa
I am a US Citizen and in 2007 I completed the application process to sponsor my brother to come to the USA. As of now, we are not sure what the status is. We have both called the NVC and they cannot provide an answer as to why it is taking so long, if there is an issue or provide an estimate of when the visa will be provided. What other options exist for us at this point because at this rate it may about 25 years for this visa to be processed.
Mr. Lee answers:
The status of your case appears to be that the 1-130 petition has already been approved and your brother is waiting for the priority date of 2007 to become available before he can immigrate. Currently the process is taking approximately 13 years for persons born in most countries of the world except for India, Mexico and the Philippines which takes longer. As your brother has already invested 10+ years in the process, he probably needs to only wait another 3 years or so to immigrate if from any country other than those three. If he has good education or working skills, he may be a candidate for employment-based immigration. If he has much monies, he could conceivably look at the US immigrant investor scheme to immigrate. For those options, he or you may wish to consult an immigration attorney for details.
Come Into U.S. Illegal What Is The Option to Get a Green Card
I came here by Porto Rico I am on paroled, I am married now my wife filed for me so now what to do with the other case they gave me an I-94.
Mr. Lee answers:
It is unclear what you mean by reference to "the other case." If there are complications, you should of course consult with a knowledgeable immigration attorney. The below advice pertains to a situation in which an individual was paroled into the country without further complications such as removal or exclusion proceedings. If you were paroled into the US and are now married to a US citizen spouse who has already filed for you, you may be able to adjust your status to permanent residence without leaving the country as the immigration laws allow adjustment of status to those who are either inspected and admitted or paroled into the country. If your spouse has a green card, you may decide to wait until she becomes a US citizen. If unable, impractical, or unwilling to become a US citizen, you and she may decide to explore the Administrations I- 601A program under which persons who are barred by their unlawful presence in the US may be able to obtain a provisional waiver of the 3 or 10 year bar, and complete their immigration by interviewing for an immigrant visa at the US home consulate or embassy. The waiver would be based upon extreme hardship to your wife If you are not able to remain with her in the US.
In Removal Proceedings
I am currently in removal proceedings and would like to inquire whether I can obtain a driver’s license.
I have an approved I-130. Can I obtain a driver license with the I-130 and my passport? I have a proof of address.
Mr. Lee answers:
Most Department Of Motor Vehicles require an employment authorization card and social security number. There is no right to obtain employment authorization from the Department of Homeland Security by virtue of just being in removal proceedings with an approved I-130. If you have some other relief available such as an I-485 adjustment of status application pending with the I-130, you would be able to obtain employment authorization, obtain a Social Security card, and thus be able to show such to the local DMV to obtain a drivers license. Otherwise the issuance of driver licenses is up to the discretion of each state, and there are a number that give driver’s licenses to undocumented immigrants. Your state, Georgia, does not.