QUESTION
What can I do about my immigration problems?
Asked on Apr 30th, 2013 on Immigration - Texas
More details to this question:
I am 22 years old and have lived in the US since I was 13. I moved here with my mother at the age of 13. At the age of 16, my mom met an American Citizen whom she married. We went through the process and I received a 2 year green card at age 18 and a social security number, but my mother never received anything because she triggered a ten-year bar pursuant to INA and 212(a)(9)(B)(v) because she overstayed her 90 days twice! She is now on ICE supervision! She filed for the form I-601 twice (waiver of inadmissibility), but was not accepted. She is still happily married to my step dad who lost 80% percent of his eyesight 2 years ago. A couple years ago before my temporary card expired I filed for my I-751 (petition to remove conditions ) and I had my appointment 3 month ago at the USCIS office in Florida and the USCIS employee told me he needed more information about my mother’s case because my file was completely empty and there was no information about anything. (Does this mean they just need more info about my mother’s case for me to receive my 10-year green card since my file was empty?). My mother now has made the decision to go back to Germany because it's too hard for her to receive her green card. I am in the USCIS system and still have my social sec and a stamp in my password which allows me to travel internationally for one more year. What should I do? I don’t have money for a lawyer!
3 ANSWERS
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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On the facts as you described them, your removal of conditions application should be approved. Your green card eligibility does not depend on your mother's admissibility. So long as your mother's marriage to your stepfather remains viable, and you still have stepfather/stepchild relationship with him, you should be given the 10-year green card. Meanwhile, you have the right to work in the U.S. Since your old green card expired, and you don't have a new one yet, you might need an employment authorization card. Don't travel outside the U.S. until you get a permanent green card (a stamp in your passport saying you can travel will not help you much if an immigration inspector denies you entry back into the U.S., especially if you don't have an attorney). Your mother's feelings are perfectly understandable. However, if she leaves the U.S. now, it will be very, very difficult to get her back. I hazard a guess that, with a 6-year long marriage and a blind husband, her I-601 applications were denied because they were not done right. There is a newly revised procedure for 601 waivers, when applicants do not have to leave the U.S. until their waivers get approved. With some competent help, your mother should be able to get the waiver. Call American Immigration Lawyers Association chapter nearest to the place where you live and ask for a referral to an immigration attorney who might take your case for free (or at least, for a greatly reduced fee). If you don't find anyone in Florida, you can, of course, look in other places; and we do, occasionally, take cases in far-away jurisdictions, but representing a Florida client from New York gets complicated, at times. So it would be better for you to have a local attorney. Just don't give up. Your and your mother's cases can be won.
Answered on May 07th, 2013 at 2:13 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
What they need is information that your mother's marriage was in good faith to so submit evidence of their relationship only.
Answered on May 03rd, 2013 at 3:27 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
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Since your immigrant status was based on your mother's relationship to your step-father, you will need to submit evidence of your mother's relationship with her husband to USCIS to support your I-751 petition. The evidence can include, but is not limited to, the following: 1. Joint Tax Returns 2. Joint Utility Bills 3. Birth Certificates of children from the relationship 4. Pictures 5. Joint Health/Auto/Life Insurance 6. Wills 7. Receipts for big purchases or trips taken together 8. Property Titles 9. Affidavits You want to submit evidence going back as far as possible.
Answered on May 03rd, 2013 at 3:22 AM