1. How Long Does One Have to Wait for an Immigration Judge Decision on A Defensive Asylum Case?
I am an asylum applicant with a pending defensive asylum case. I have received a notice to appear in front of an immigration court. How long does the Immigration Judge take to give a decision? Is it the same day?
Mr. Lee answers:
Assuming that your appearance is for a master calendar hearing and not for a final merits hearing and depending upon whether your case is one of the “surge” cases that the government is interested in finishing immediately, your case could take anywhere from six months to four years for the immigration judge to hear the case and make a decision. I assume that you will be continuing your asylum claim in front of the court.
2. My brother Married a Venezuelan Woman Who Originally Was Here On a Visa That Expired 2 Years Ago
My brother is disabled and is currently on Medicaid, so he is not able to sponsor her and children. He has asked me to sign form I-864. I know this makes me legally obligated but can I also be held financially responsible if she or her children are admitted into a hospital without insurance and incur a bill? I want to know how far this financial responsibility goes.
Mr. Lee answers:
Your income and assets are deemed available to the person that you are supporting if that person is seeking means tested benefits on the federal, state, or local level. So any one of the three entities can request reimbursement from you to the extent of your income and assets that the immigrant has taken means tested benefits from them. However, that does not include individuals who obtain emergency Medicaid. While you would not be liable for emergencies, long-term care would be seen as a benefit recoverable by the federal, state, or local government branch which gave the benefit. I note that in the past, it has been unpopular for governmental entities to go after supporters of people who have taken means tested benefits, but this appears to be changing in the present political atmosphere as the Trump Administration is reportedly preparing regulations for governmental entities to enforce the I-864 support obligation.
3. How to Add One More Beneficiary in My National Visa Center Application?
I want to include my 10 year old son’s name in the NVC application.
Mr. Lee answers:
To include your 10-year-old son’s name in the NVC application, you can communicate by letter or email to the NVC expressing your desire to have your child included in the case. You can also include a copy of the child’s birth certificate and passport if one is available.
