ImmigrationINFO ...Immigration News For Our Community

ImmigrationINFO …Immigration News For Our Community

Apr 20, 2014 News

By 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].

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Question #1: I’m a 16 year old, my father is a citizen of USA and he filed a petition for me it’s going to be one year in a few months. The last time we heard from the embassy was when it was at the affidavit of support stage. My father spends a lot of time in Guyana with me; will this hinder the process to take longer? Or does it depend on the co-sponsor? How much longer is the process likely to take?

Answer #1: The affidavit of support must be completed by the petitioner, your father, and if his income does not meet the requirements then you will need a co-sponsor to complete an additional affidavit of support. Once the petitioner shows through the affidavit of support that he can meet the income threshold (requirement) to support the beneficiary (you) then the visa should be issued.

Question #2: I was sponsored in August 2002, family-based F3, and it was approved in February 2005. My eldest child was 13 years old at the time. In November 2010 I was required to submit all documents to NVC. All of this was submitted, including visa fees, with the best of my knowledge he would benefit from the Child Status Protection Act. In January 2011 the visa availability date then retrogressed almost 18 months. We received an appointment letter, his was omitted. I ask the interviewing officer and she said he is aged out. Can you please tell me how or what you can do so he can be reclassified under Child Status Protection Act. His date of birth is January 19, 1989.

Answer #2: Our office would need to recompute his age under the guidelines set by the Child Status Protection Act (CSPA). Note, eligibility for CSPA must be presented within one year of the visa being available.

Question #3: I am a US citizen and petitioned for my adult children on June 28, 2007 – all relevant fees already were paid for visas, etc. The visa bulletin advised that they are currently working on June 2006 – my question is, in how many months prior to visa availability will I hear from the NVC?

Answer #3: The National Visa Center (NVC) will contact you for visa processing and submission of the affidavit of support and other civil documents about 6-9 months before the visa will be available.

Question #4: I am a citizen of Guyana and became a permanent resident in New York on November 2011.I am currently in Guyana since February 28th 2012 and would like to pursue my studies at an international institute here and would like to know if that would affect my permanent residency.

Answer #4: As a lawful permanent resident of the United States, you need to be living in the U.S. An extended stay outside of the U.S. (even if studying abroad) may result in the immigration officer taking away your green card.

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Re-entry into the U.S. after Removal/Deportation

Re-entry into the United States once a person has been removed or deported from the United States is not an automatic process. Removal proceedings (formerly known as “deportation proceedings”) are used to determine whether a non-U.S. citizen, or permanent resident (green card holder) should be deported, that is, expelled from the United States.
If no relief is available, removal or deportation proceedings can result in: (1) voluntary departure from the United States; (2) removal/deportation under Immigration & Custom Enforcement supervision; or (3) self-removal if you left the United States with an order of removal.
Based on the grounds on which a person is removed or deported from the U.S., they may face a five-year, ten-year or lifetime ban from returning to the U.S. Additionally, under the Immigration and Nationality Act, if you remained unlawfully in the United States for more than six months but less than one year and you leave the U.S., then you face a three-year ban to return to the U.S. If you remained unlawfully in the United States for more than one year and you leave the U.S., then you face a ten-year ban to return to the U.S.
A person may be placed in removal or deportation proceedings for the following reasons:
(1) unlawfully present in the United States because the person overstayed on a visa or entered the U.S. illegally without inspection;
(2) as a permanent resident (or green card holder) he or she committed a crime that under the U.S. immigration laws result in removal from the U.S.;
(3) as a permanent resident (or green card holder) he or she abandoned their residency in the U.S. by extended stay outside the U.S.; or
(4) as a permanent resident (or green card holder) he or she committed immigration violation, visa and/or passport fraud, alien smuggling, willful misrepresentation, false claim to U.S. citizenship, illegal re-entry after a prior deportation, security and foreign policy violation, and other miscellaneous violations of the U.S. laws.
If a person was removed/deported from the U.S. or left the United States voluntarily after living in the United States illegally, then that person would be required to file a waiver AND an application for permission to reapply for admission into the United States.

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Q: I was deported from the U.S. seven years ago but my U.S. citizen daughter filed for me and I have an interview at the Embassy. When do I file the waiver and/or application for re-entry?

A: Once you attend the immigrant visa interview at the Embassy or Consulate, the officer will advise you if and what type of waiver is required to be filed. The type of waiver that is required depends on the reason why you were deported. The waiver and application for re-entry with required filing fees is no longer presented to the Embassy during the interview. Rather, is required to be filed in the United States. If the waiver application is approved, then you and the Embassy will be notified and the immigrant visa will be issued by the Embassy. If the waiver is denied, then you may appeal the decision or file a motion to reopen or reconsider the decision. Our office has successfully handled many waiver cases and would be happy to customize a winning case strategy for your waiver application.

Q: How likely is it that my waiver and application for re-entry will be approved?

A: The U.S. Government will review the waiver packet and application for re-entry along with the supporting documents to determine whether the positive factors (immigrant rehabilitation, good character and extreme hardship evidence) outweigh the negative factors (reasons for deportation) in that particular case. Note: – a winning waiver packet contains supporting documents and evidence to prove the extreme hardship in the following manner: strong family ties in the U.S., health or medical issues, education concerns, financial issues and country conditions in the native country.