1. Can I Fix my Mother’s Papers If I Am Married in California?
Mr. Lee answers:
I do not see the relevance of a marriage in California to being able to fix a parent’s permanent residency papers. We have cases in which petitioners are across the nation from their parents and still file for their permanent residence.
2. What Happens After A Tip Is Submitted to ICE About An Illegal Immigrant?
An immigrant was reported for tax evasion and for the use of a fake social security number to obtain employment. She has worked since around 2010 and never filed she worked, but was filed by her soon to be ex husband. He is also an immigrant, but he was not reported to ICE. Both of them are going through a divorce and their daughter is 17 and with a baby of 2 months. Their daughter lives with her boyfriend. How long before she gets arrested? Will they take her to jail or an immigration detention center? How long before she gets deported? Is there any way she could stay in the country?
Mr. Lee answers:
It is difficult to know what happens after a tip is submitted to ICE about an illegal immigrant. In the past, many tips were ignored as ICE only had so many staff members and there are 11 million undocumented immigrants. The practice generally in many parts of the country was to go after more egregious situations involving multiple people or criminal violations. Currently the Trump administration is pushing for the expansion of ICE officers and more detention facilities. Once it ramps up its capacity, one can expect that more tips will be given attention. At this time, it is uncertain whether the person you describe will become a target for arrest as her type of offense is not “glamorous” to ICE. If detained, she could be taken to a city/county jail or immigration detention center, whichever has capacity and if the city/county jail has a contract with the federal government. If she has not already been an immigration proceedings, she would be entitled to present whatever case she has in front of an immigration judge. The process could go on for years although the Trump administration has said that it will focus on criminal aliens and your person could become a target if criminal charges are filed against her. On whether there is any way that she could stay in the country, she should seek consultation with an immigration lawyer who can go over all of her individual facts and situations.
3. I Am an F-1 Student on OPT Training Which Will Expire in July. But I Will Like to Change My Status to B-2 Visitor for Pleasure. What Is A Good Reason?
Mr. Lee answers:
Many people have good reason to change to B-2 visitor for pleasure when their OPT training expires. Generally students work hard in their schooling and afterwards on OPT and have had no time to enjoy what this country offers in terms of travel and entertainment. A request to explore the country and to see the sights with a good itinerary of what you plan to do would be reasonable.
