1. My wife Has a Permanent Resident Card But She got Detained in Crossing Back to the United States.
She Went to Mexico For a Dentist Checkup. I spoke to the U.S. custom supervisor he said that before she was given the residency card, she entered the United States illegally. My question is will she be detained and if so for how many days.
Mr. Lee Answers:
This may turn out to be a difficult situation in two instances – how she adjusted status to permanent residence in the US since the illegal entry would in most cases prevent an individual from adjusting status, and in the second case if this was a second illegal entry. In that case, DHS may see the green card as invalid as having been given in error. As your wife has a prima facie permanent residence card, the chances are that she will ultimately be released and given a date to appear before an immigration court.
2. Someone Makes More Than $30,000 a Year and The Household Size Is 2. Is This Person Above the 125% of The Poverty Guideline?
I thought I calculated this correctly but I got a RFE saying that this person doesn’t meet the minimum requirements to be a sponsor. Maybe the I-864 had other mistakes that triggered the RFE but I have no idea and I can’t get a lawyer either, I just want to know if this calculation is correct or not.
Mr. Lee Answers:
Where the household size is two, a person making more than $30,000 a year is well above 125% of the poverty guidelines. Those state that for a family of two, the amount to make for most states is $21,137; for those in Alaska, $26,412; and for those residing in Hawaii $24,325.
3. During Claiming Asylum Process I Can’t Get My Uni Papers in Saudi Arabia. It Requires My Father’s Agreement. Will USA Be Able to Get Me the Papers I Need?
I’m a 21 year old Saudi girl who lives in Saudi Arabia. I’m abused really bad by my parents (dad and step mom) and I get hit a Lot And now they’re selling me to a guy I don’t know, which is called “Arranged marriage” so technically I’m gonna get rape. My husband is taking me to the USA for honeymoon so I’ll run and claim asylum there.
Mr. Lee Answers:
I gather that when you are talking about Uni papers in Saudi Arabia that refers to your university papers. The USA would not be able to obtain those papers for you – neither would it feel obligated to do so since the burden of proof is upon you to prove your case for asylum. That being said, while US immigration law on asylum does require corroborative evidence, that is only so where it is able to be obtained. If the Uni papers are central to your case and you have a good explanation as to why you cannot obtain them, it would be up to an asylum officer and perhaps an immigration judge to determine your credibility and the availability of the documents.
