Q&A’s published on Lawyers.com and the Epoch Times on October 18, 2019 1. Inquiry About Expired Temporary Green Card 2. How Do I Apply For My Husband’s Citizenship? 3. Will My Husband Be Put in Risk to Get His Residency Taken From Him If We Come Back Into the U.S From Mexico for Christmas Vacation?

1. Inquiry About Expired Temporary Green Card

I got temporary green card stamp in passport valid for past one year expired in 2002, can I apply for form I-90 replacement card to get a legal status in USA? I got employment authorization to work legal job in USA, please assist me to get a visa to USA, I am presently live in India since 2002, Reply me by email.

Mr. Lee Answers:
If you have lived in India since 2002 and your temporary green card in your passport expired in 2002, you have undoubtedly lost your permanent residence. You will not be able to regain it by filing an I-90 application to replace your permanent resident card. If you are interested in obtaining a visa to come to the US for employment, I suggest that you make an appointment with an immigration lawyer who can go over your options for a working visa.

2. How Do I Apply For My Husband’s Citizenship?

It’s been a year since my husband been home and we missed him dearly. We have a special needs child that requires a lot of attention. My husband and I have been married for 8 years. He’s never been in trouble with the law. He attended church and he do volunteer work at church. My husband believing here for 33 years. We missed him so much. How do I get my husband back?

Mr. Lee Answers:
Your facts do not disclose many of the items that would be necessary to give good advice. I assume that your husband has left the country and you want him back. However, you have not disclosed your present immigration status or that of his parents, and that would be relevant in seeing whether he could have a chance of returning if he is under a 10-year bar for unlawful presence in the US for a year or more. I suggest that you make an appointment with an immigration lawyer who can go over all your available options taking into account all of the facts.

3. Will My Husband Be Put in Risk to Get His Residency Taken From Him If We Come Back Into the U.S From Mexico for Christmas Vacation?

My husband was charged for having 2 grams of coke 8 years ago. He complied with his probation and did everything he was supposed to do. He has been a resident for 9 years and has not had any legal issues since. He went to Mexico last year for vacation and came back into the US without any issues. We are planning to go Mexico for family vacation at the end of the Month. Do you think there should be an issue with him coming back into the country?

Mr. Lee Answers:
A person can be charged with many crimes, but the determining factor is what he was convicted of or pleaded guilty to. If it was for having 2 g of coke, and if the problem was discovered at the time of inspection coming back to the United States, there would certainly be an issue. He would likely be placed in removal proceedings in which an immigration judge would ultimately make the decision as to whether he could keep the green card.

Article: WHERE DO WE STAND TODAY AFTER 3 COURTS PUT A TEMPORARY HALT ON THE PUBLIC CHARGE RULE?

As published in the Immigration Daily on October 15, 2019

The Administration’s public charge rule for immigrants due to be implemented on October 15, 2019, ran into roadblocks thrown up by US district courts in New York, California, and Washington State. The preliminary injunctions in both New York and Washington were nationwide in scope while the one in California was more localized.

Judge Rosanna Malouf Peterson of the Eastern District Court of Washington stayed the implementation of the public charge rule “in its entirety” pending entry of a final judgment; that “the effective date of the final rule is postponed pending conclusion of these review proceedings”; and that DHS was preliminarily enjoined from implementing or enforcing the rule.¹  Judge Phyllis J. Hamilton of the Northern District Court of California enjoined among others Donald J. Trump, as President of the United States, from applying the rule to any person in San Francisco, Santa Clara, California, Oregon, the District of Columbia, Maine, or Pennsylvania or to anyone part of a household including such a person.²  Judge George B. Daniels of the Southern District Court of New York in a pair of rulings issued a nationwide injunction, as well as a stay postponing the effective date of the rule pending a final ruling on the merits or further order of the court in one,³ and more specifically in the second restraining and enjoining DHS and USCIS from “implementing, considering in connection with any application, or requiring the use of any new or updated forms whose submission would be required under the Rule, including the new form I-944, titled’ Declaration of Self-Sufficiency’, and the updated form I 485, titled ‘Application to Register Permanent Residence of Adjust Status’”; that the effective date of the public charge rule is stayed and postponed; that if the court’s order is later terminated and the rule goes into effect, the rule’s stated effective date of October 15, 2019 “shall be replaced with a date after this Order is terminated.”4

So insofar as adjustment of status in the US is concerned, it would appear that applicants can continue filing with the old forms until such date that the courts’ preliminary injunction rulings are overturned on appeal, or the government wins on the merits on the case as a whole before the same court or on appeal thereafter.

Yet none of these rulings enjoin the Secretary of State who published an interim final rule on October 11, 2019, implementing rules on public charge to go into effect on October 15, 2019, based entirely on the public charge rule. The question is whether consular officers will be permitted to implement the interim final rule even though the summary clearly states its purpose as being in sync with DHS:

This rulemaking is also intended to align the Department’s standards with those of the Department of Homeland Security, to avoid situations where a consular officer will evaluate an alien’s circumstances and conclude that the alien is not likely at any time to become a public charge, only for the Department of Homeland Security to evaluate the same alien when he seeks admission to the United States on the visa issued by the Department of State and finds the alien inadmissible on public charge grounds under the same facts. 5

Although not directly enjoined by any of the three courts, a turkey (as we are getting close to Thanksgiving and as the public charge rule is one) with its head chopped off cannot still operate its wings to fly, and so the State Department should not believe that it has authority to put its own rule into effect at this time. (Please see note below)

The rulings by the three courts also did nothing to suspend the October 4, 2019, “Presidential Proclamation on the Suspension of Following the writing of this article, a Department of State official confirmed that the public charge rule will not be implemented until a new form is approved, and it was subsequently learned that the State Department will use a new form DS-5540 (Public Charge Questionnaire), which is awaiting clearance by the Office of Management and Budget (OMB). The form will be demanded of approximately 450,000 green card applicants annually. This is a technical stoppage, but it remains to be seen whether the public charge rule can be implemented by State even if the form swiftly passes OMB in light of the outstanding preliminary injunctions collapsing the DHS public charge regulation for the time being.]Entry of Immigrants Who Will Financially Burden the United States Healthcare System”, slated to go into effect on November 3, 2019. That Proclamation affects consular processing and not adjustment of status, but would require of immigrant visa applicants (with limited exceptions) that they show that they will be covered by approved health insurance (not one with coverage under the Medicaid program) within 30 days of entry into the US, or they have sufficient financial resources to pay for reasonably foreseeable medical costs. Based on a study by the Migration Policy Institute, a nonpartisan, independent think tank dedicated to analysis of US and global migration, up to 65% of legal immigration could be barred from entering the US. It is believed that legal challenges will be filed to enjoin the Proclamation before the date of implementation.

It is unfortunately even more clear with the relentless attacks of Mr. Trump and his cohorts on immigrants focused on who has money that, with his wealth tests for entry which includes knowing the English language, he is looking mainly for white Europeans to come while rejecting most of the rest of the world.

  1. State of Washington at al v. United States Department of Homeland Security et al., No. 4:19-CV-5310-RMP (EDWA. 10/11/19)
  2. City and County of San Francisco, et al v. US Citizenship and Immigration Services, et al., Cases Nos. 19-CV-04717-PJH, 19-CV-04975-PJH, 19-CV-04980-PJH (NDCA 10/11/19)
  3. State of New York, at al v. United States Department of Homeland Security, et al., No. 19 Civ. 7777 (GBD) (SDNY 10/11/19).
  4. Make the Road New York, et al., v. Ken Cuccinelli, et al., No. 19 Civ. 7993 (GBD) (SDNY 10/11/19)
  5. “Visas: Ineligibility Based on Public Charge Grounds”, Federal Register, Volume 84, No. 198, October 11, 2019.

Note:
Following the writing of this article, a Department of State official confirmed that the public charge rule will not be implemented until a new form is approved, and it was subsequently learned that the State Department will use a new form DS-5540 (Public Charge Questionnaire), which is awaiting clearance by the Office of Management and Budget (OMB). The form will be demanded of approximately 450,000 green card applicants annually. This is a technical stoppage, but it remains to be seen whether the public charge rule can be implemented by State even if the form swiftly passes OMB in light of the outstanding preliminary injunctions collapsing the DHS public charge regulation for the time being. 

Q&A’s published on Lawyers.com and the Epoch Times on October 11, 2019 1. My Husband Was Banned for 10-yrs and That Time Is Up.  Can He Apply To Reenter Since We’re Still Married? 2. What Is Legal Marriage Age For My Fiancée? 3. Father of My Child Charged for Possession of Marijuana a Gram/Personal Use and Officer Said It Was a Misdemeanor,  He Has U.S. Residence Card. What Will Happen?

1. My Husband Was Banned for 10-yrs and That Time Is Up.  Can He Apply To Reenter Since We’re Still Married?

Me and my husband have been married since 2004.He was deported because he didn’t leave the country when he was supposed to on the visa he had. We are still married and the 10 years are up so if we’re still married is it possible for him to come back home and about how much would it cost?

Mr. Lee Answers:
If he was only barred because of deportation based upon an overstay, 10 years have elapsed since the deportation, and you have permanent resident or US citizenship status, you can apply to have him come back in through the petition process. We do not quote fees publicly, but they are reasonable.

2. What Is Legal Marriage Age For My Fiancée?

I recently purchased a plan on Rapid Visa to get help in filing my K1 Visa for my fiancée from Honduras. Everything was going well as I intended to marry her in Nevada, Las Vegas preferably. She is 20 years old turning 21 in December and I am 21 currently turning 22 soon. I live in California. I read in her embassy page and it read “If you are getting married in Honduras, you must meet the requirements prescribed by Honduran law. The following is an unofficial translation of several documents issued by Tegucigalpa City Hall on marriage requirements in Honduras.” She is from Honduras and the legal age to marry is 21. I thought since she is getting married here in the U.S which the legal age is 18 there would not be a problem. I was now told there is a problem because of the age. Is there anything I can do? I really want to bring my fiancée here but I feel utterly lost and sad now. Any advice on what I can do?

Mr. Lee Answers:
As it is already close to December, perhaps your best move would be to file for the K-1 fiancée visa, which normally takes at least six months to approve at U.S.C.I.S.  Consular processing thereafter usually takes another couple months. Probably by the time that your fiancée goes for her interview at the consulate, she will already be over the age of 21. Even if under the age of 21, she may be able to postpone the interview for the one or two remaining months which are required for her to turn 21. In addition, from scanning the information on Honduras, females appear to be able to marry at age 18 with parental consent, but I believe that you already know this.  If not, your fiancee could bring proof of parental consent to the interview if still under 21.

3. Father of My Child Charged for Possession of Marijuana a Gram/Personal Use and Officer Said It Was a Misdemeanor,  He Has U.S. Residence Card. What Will Happen?

Mr. Lee Answers:
US immigration law allows a waiver for permanent residents who are convicted of a possession offense of 30 or less grams of marijuana. If there is no other charge against him, he should be okay.

ALAN LEE, ESQ. SUPER LAWYER FOR 2019 IN NEW YORK CITY

The 2019 annual list for the top attorneys in the New York Metro area is out and Alan Lee, Esq., was again selected as a Super Lawyer for New York City. He is one of only 2 lawyers of Chinese descent in the 67 attorneys chosen in the area of immigration law. This is the eighth time that Alan Lee has been selected, having previously been honored in 2011, 2013-2018.  He exclusively practices U. S. immigration and nationality law.

Please click here for the “Super Lawyers List for Immigration 2019

Q&A’s published on Lawyers.com and the Epoch Times on October 4, 2019 1. My Husband Got Convicted and Deported. Is There Any Possible Way He Can Come Back to the United States? 2. How Much Yearly Income Is Required to Bring Someone to the U.S. On A Fiancé Visa? 3. Will Medical Discharge Revoke My Citizenship?

1. My Husband Got Convicted and Deported. Is There Any Possible Way He Can Come Back to the United States?

My husband (love of my life) who was born in 1970 came illegally in 1987 from Mexico. I met him year 2002 when I was 16. We had 3 kids together. He got convicted of manufacturing and delivery in 2009 sentenced to 10 years, did 2 1/2 then they deported him. It was the first time he ever got in trouble for anything and they threw the book at him. Our kids got adopted out. It has been almost 10 years; will he ever get to come back to the United States?

Mr. Lee Answers:
In the circumstances that you described; it is difficult for me to see that your husband would ever come back to the United States legally. A crime involving manufacturing and delivery of drugs (I assume that it is drugs) and a sentence of 10 years is an aggravated felony.

2. How Much Yearly Income Is Required to Bring Someone to the U.S. On A Fiancé Visa?

My reportable yearly income is only $10,200 from disability but in 2020 my yearly income will increase to $24,000 from an annuity. Will owning a house and property or having money in the bank help me NOW so I don’t have to wait until 2020? If so how much is required?

Mr. Lee Answers:
Owning a house and property or having money in the bank may help, but on the house alone, that would depend upon the equity in the house. There is no fixed amount on equity in a house, but the higher the better as a house is not a liquid asset and where would you stay if you sold the house to meet the obligations of financial support. On other property, that would depend on the value of the property, and whether it could be easily disposed to meet your obligation of support. Assuming that you are alone and have no other support obligations to anyone else, the amount of money in the bank would likely be a little north of $100,000, 5X the yearly support level for a family of 2. Also a consular officer might be interested to see how long the money has actually sat in your account. Having home and property and bank account would lessen the amount needed from each individual asset.  A suggestion is that you may decide (in lieu of the above) to seek out a cosponsor who will be able to provide the necessary support for your fiancé not only for the visa, but for the permanent residence application which will soon follow.

3. Will Medical Discharge Revoke My Citizenship?

I’ve been in the Army for about 1.5 years now. I got my citizenship about 9 months. I’ve been getting severely depressed and currently in a process of getting medically discharge.

Mr. Lee Answers:
If you already received your US citizenship, it cannot be taken away absent material fraud or misrepresentation in having obtained it. It certainly cannot be taken away for a condition which arises following the grant.