Q&A’s published on Lawyers.com and the Epoch Times – 03/03/2017 1. Deportation 2. Applying for a Re-Entry Permit from Abroad? 3. Why My Passport Has No Entry Date?

1. Deportation

RE: Immigration Marriage Fraud “Amendments of 1986, 8 U.S.C. § 1186a…, requiring that an actual family unit still remain in existence at the end of the two year period.” My husband obtained his Green Card in Nov. 2014. He and I started living apart April 2015. He moved from my house in NC to CT. I have not yet filed divorce papers NC but we are no longer an intact family unit. INS does not know this and he has not informed them or of a change of address. Could he be at risk for deportation? 

Mr. Lee answers:
If your husband already has a ten year green card instead of a two-year green card, he is generally not affected by the immigration marriage fraud amendments of 1986. If he only has a two-year green card, he would have had to file form I-751 application to remove the conditional basis of the resident status within the 90 day period prior to the second anniversary of his having obtained the conditional card. At that point, he would be giving U.S.C.I.S. his current address. If he has a 10 year green card, he is still supposed to notify U.S.C.I.S. of his change of address, but no one (as far as we can see) is being deported because of failure to do so. 

2. Applying for a Re-Entry Permit from Abroad?

I am a green card holder and I want to submit a I 131 form to apply for a re-entry permit. I am currently overseas. Am i allowed to send the completed and signed form to a relative in the US and have them forward it to USCIS and then I can just fly back to the US when I receive a letter for my biometrics appointment?

Mr. Lee answers:
It is illegal to file for a reentry permit from abroad. The form instructions clearly require that the applicant apply when he or she is physically in this country.  

3. Why My Passport Has No Entry Date?

I’m a Jordanian citizen , got a 5 years visa through the US embassy in Jordan . I did arrive to the states 2 weeks ago, the immigration officer at Chicago airport asked me how long am I going to stay in the USA visiting, I replied : not sure , could be a month , 2 months or more,  then Later on at the hotel I   I have noticed that my passport does not have an entry date , so apparently the Officer has forgotten to stamp my passport nor he specified the length of time that I could  Stay here in USA . What do I need to do at this point , with taking in consideration  that I’m trying to avoid  Missing up with my 5 years visa as I’m thinking to come back to visit the states again  Back to the states for another visit. 

Mr. Lee answers:
As this is a mistake of the immigration inspector at the airport, you should go back to an international flights airport to the deferred inspection section run by Customs and Border Protection, explain your situation, bring out whatever documents that you have, and try and have your problem rectified.