Q&A’s published on Lawyers.com and the Epoch Times on December 27, 2019 1. Renewing My Green Card That Has Been Expired for 2 Years. 2. What Does It Mean When My Immigration Application or Petition Is On Hold? 3. How Can I Fix My Boyfriend Papers?

1. Renewing My Green Card That Has Been Expired for 2 Years.

My green card expired about 2 years ago. I no longer have valid driver license because it expired.

Mr. Lee Answers:
Unless you have outstanding reason for not applying for renewal of your green card, e.g. committing a serious crime, you can do so even at this time by filing form I-90 application to replace permanent resident card with filing fee of $540 and submission to the U.S.C.I.S. lockbox in Arizona at U.S.C.I.S., PO Box 21262, Phoenix, AZ 85036.

2. What Does It Mean When My Immigration Application or Petition Is On Hold?

Mr. Lee Answers:
An immigration application or petition which is on hold usually means that U.S.C.I.S. is looking at something which may be of concern, and wishes a resolution of the question before further processing the case.

3. How Can I Fix My Boyfriend Papers?

I’m 17 I’m about to be 18. We going to get married I’m planning on fixing his papers.  He’s 19 he has social security number and he was on the dream act.

Mr. Lee answers:
At the age of 18, you would be free to marry without parental consent in any state. Your boyfriend’s having a social security number and having been a Dreamer does not necessarily mean that he can adjust status in the US through your sponsorship. That would depend upon whether he entered the country by being inspected and admitted or paroled at the point of entry. If not, he would have to go through consular processing which at the very least consists of your filing an I-130 relative petition for him, having it approved, and him initiating consular processing to interview for an immigrant visa in his home country.  DACA prevents the accrual of unlawful presence, but persons whose DACA statuses expired begin to accrue it after reaching the age of 18. The consequence is that 180 days of unlawful presence bars an alien for three years and one year of unlawful presence bars him/her for 10 years if he/she has to leave the country. If your boyfriend has already accrued those periods of unlawful presence, you might still be able to fix his papers, but would likely have to go through much more effort and risk in that he would have to go through the I-601A program to immigrate. That involves your filing an I-130 relative petition for him, having that approved, and him filing for an I-601A application for waiver of the 3/10 year bar for being in the country illegally for either of those time periods past the age of 18. The waiver is based upon showing that you would suffer extreme hardship if he had to return home and could not come back. He would wait for the result here and if approved would set up a consular interview in his own country for an immigrant visa. Assuming that he has no other immigration problems, the interview would most likely be normal and he likely would return to the US within 1-2 months.