1. Can I acquire any type of citizenship or permanent residency from my deceased US citizen father?
I was born in 1977 and my father was born in the 1950s. He acquired his green card when he retired from working for the us government in the Panama Canal for 20+ years. We then moved to the us in 2007 and he filed a form I-130 and form I-485 petitioning for me, his married daughter over 21 years old, this was obviously denied because when he first filed he was a permanent resident at the time and our lawyer was an inexperienced scam artist who knew that I didn’t meet the requirements but still decided to submit the application and take thousands of dollars. My father became a naturalized US citizen in 2016 but I never submitted another application because I was waiting to hear back on the first one. However, my father ended up passing away in 2021 and only a few months after did I finally get a response that my application was denied. Since my father passed I am not sure if I am able to re submit another application although I do have an approved form I-130. What can be done?
Mr. Lee answers,
Your fact situation is confusing to me as you say that the application was denied, that you did not file another application, but that you do have an approved form I-130. The confusion lies in your stating that your father filed for you, a married person, when he only had the green card – and that would be a filing that does not conform with the law of eligibility.
Nevertheless, assuming that an I-130 petition was approved at some point for you prior to the time of your father’s passing away, and you were in the US at the time, that petition might be a basis for a permanent residence application. As the facts are unclear, I suggest that you should consult with an immigration lawyer to go over your entire situation and for him or her to explore with you any steps that might be able to be taken.
2. Sibling info on GC for parents
If I am applying for parents Immigrant visa, do I put the info for my other siblings who are all over 21 years of age, and not being applied for on the Family section of the petition for Alien Relative, my sibling is a GC holder via employment.
Mr. Lee answers,
In our office, we usually put all sons and daughters of the beneficiaries on the I-130 form. I note that the form itself does not limit the term “children” although the Immigration and Nationality Act defines children as being under the age of 21 and unmarried. Also, the form instructions refer to both “unmarried children” and “married children”. Additionally, some of our clients are uncomfortable with the idea of leaving out any of the 21+-year-old children, and so we generally include them. If there is a reason for which our clients do not wish to mention such children, we will leave them out.
3. Can immigration officers look past inadmissibility?
My father is currently in China waiting for his interview appointment. He went back to China two years ago. My mom is a citizen and sponsoring. I believe he will be found inadmissible and have to file for a waiver because he reentered the US after being deported in the 90s. He has no criminal record and started his own business while living in the US. He says that there is a chance that the immigration officer has the right to overlook his inadmissibility and approve him for a green card? Is this possible?
Mr. Lee answers,
A US consular officer does not have the authority to overlook grounds of inadmissibility. If your father was deported previously, one question is whether he served out the entire time of the bar before coming back to the US. When he reentered the US, did he enter legally or illegally? If he entered illegally before April 1, 1997, he would be eligible to file waiver applications after his interview with the US consulate. On the other hand, if he reentered illegally on or after that date, he would have incurred a permanent bar under which he will not be able to request permission to return to the US as an immigrant until 10 years after he left the US a couple of years ago. The granting of permission to reapply at that point would be in the discretion of the Attorney General.
4. Can I keep using my STEM OPT EAD even though I get my C9 EAD?
I have a valid STEM OPT EAD until 2024. I am going to apply for an adjustment of status soon to obtain a marriage based green card. When I get the c9 EAD in hand while the I-485 is pending, can I still keep using my STEM OPT card? Or should I use my C9 EAD because I applied for an adjustment of status?
Mr. Lee answers,
I do not believe that it makes much difference which EAD you will be using. You are authorized to work under your STEM EAD and that is not revoked by your applying for adjustment of status and obtaining employment authorization (C )(9) on the basis of that. However, please note that the STEM EAD is tied to the field of your degree while a (C )(9) EAD is open market and can be used for any employment.