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ImmigrationINFO…Immigration News For Our Community

Dec 21, 2013 News

 

Attorney Gail S. Seeram

Through this “Question & Answer” column, our goal is to answer your immigration questions.  We appreciate your comments and questions.  If you have a question that you would like answered in this column, please email: [email protected].

Question #1:    Is it illegal for me to take my daughter to a public school in New York City for a period of 4 months while both of us are on B1/B2 visas?
Answer #1:     In 1982, the U.S. Supreme Court in Plyler vs. Doe, recognizes “the right of all children, regardless of immigration status, to attend public school as long as they [have] met the age and residency requirements set by state law.”
In May 2011, the US Departments of Justice and Education issued a memorandum informing the nation’s school districts that it is against the law for school officials to request documents or other information that might reveal the immigration status of students enrolling in public schools.  So, the public school (grades 1-12) cannot ask about your child’s immigration status when you enroll her in school in New York.
However, if the Immigration officer finds out that she will be attending school or has attended school in the U.S., they can deny her admission, revoke the B-1/B-2 visa and require she apply for a student visa (F-1).
Question #2:     I was adopted by my aunt but the immigration papers she filed never got approved.  Can my biological parents, who are now U.S. citizens file for me?
Answer #2:    Unfortunately, once you are adopted, it severs the legal relationship between you and your biological parents for immigration purposes.  So, only your adoptive mother, father or siblings can file a sponsorship petition for you.
Question #3:    I received my U.S. citizenship in 1972 but got convicted of two misdemeanors (domestic violence and shoplifting) in 1998.  I’m scared because Immigration is more aggressive in deporting people from the U.S.  Can I be deported or removed from the U.S.?
Answer #3:    As a U.S. citizenship (by birth or naturalized), you cannot be deported for crimes committed AFTER you became a U.S. citizen.  However, if you committed fraud in obtaining your U.S. citizenship then you can be denaturalized (very difficult for the government to prove).  If denaturalized then deportation/removal is possible.
Question #4:    I entered the U.S. with a visitor visa and Form I-94.  I am now married to a U.S. citizen, but lost my Form I-94.  Can my husband still petition for me?
Answer #4:    Yes, to be eligible for adjustment of status in the U.S., you must prove lawful admission.  So, you will have to apply to get a replacement Form I-94 before your husband can file for you.  Once you obtain the duplicate I-94 then your husband can petition for you to be a lawful permanent resident in the U.S.  Contact our office for assistance in applying for a duplicate Form I-94.

 

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