PRO BONO : IMMIGRATION PLUS BASICS
By: Manuel B. Quintal, Esq.
FROM AN ABUSED WIFE
Q: My American husband filed a petition for me but he refused to come with me to the interview. What will happen to the petition?
A: If your husband does not come with you to the interview, there is no way the petition will be approved.
Q: Can I file a petition for myself?
A: Only if you are a victim of extreme cruelty by your husband. In addition, you have to show that you married him in “good faith” and you are a person of good moral character.
Q: What proofs do I need to submit to show that I am a victim of extreme cruelty?
A: Possible supporting documents may include your own affidavit detailing the acts committed by your husband, affidavits of persons who were present your husband committed the acts, police reports, court records, doctor’s certifications, photographs of injuries, statements of your pastor, and many others.
Q: What proofs can I show that I married him in “good faith”?
A: Possible supporting documents may include tax returns, insurance policies, joint ownerships of property (such as car and home), birth certificates of common children, affidavits of friends, etcetera.
Q: Will I be required to attend an interview at the immigration office?
A: For the self-petition, No. When you apply for adjustment of status, Yes.
Q: I have a son from a previous marriage. Can he also file?
A: Possibly yes.
FROM ALBERT’S FRIEND
Q: My husband is a green card holder. He is in the Philippines now. He has been there since 2001. His green card expired in August 2006. Can he return to New York now?
A: !#&*!#?#. Hello!! He lost his permanent residence status more than four years ago when he failed to return to the US!
FROM MS: WAIVER IN ORDER TO ADJUST STATUS
Q: I came to the United States sometime in 1998 by crossing the border from Mexico. I married an American Citizen in 2001 and she filed a petition for me then. I got an advance parole and I went to my country in 2002 and returned to the New York after about one month. When our interview date came, my wife and I did not go because we were already having problems. My application for adjustment of status was later denied because we did not go to the interview. She divorced me. Now I married another American Citizen who filed a petition for me. We went to the interview but the immigration officer did not approve my application because she said I am an arriving alien. She said I need a waiver in order to adjust status. I need help.
A: Many applicants believe that just because they have been given an advance parole, there will be no problem in their pending applications for adjustment of status. The advance parole allows them to re-enter in order to continue to pursue their adjustment of status applications. What they do not know, or even if they knew, they usually ignore, is that their “going out” of the country may disqualify them to adjust status. The law requires them to get a so-called 601 waiver in order to adjust status, i.e. they to do not have to return to their country of birth to get immigrant visa. Having said that, you now have to submit a waiver application, which means you will be practically begging the USCIS not to require you to leave the country (and be separated from your wife for a prolonged period of time) to get an immigrant visa because it will result to extreme hardship to your wife. You need to present proofs that the separation will cause extreme hardship to your wife. Assuming your wife is healthy, it will be extremely difficult for you to get that waiver.
FROM MA: VOLUNTARY DEPARTURE
Q: I am in detention now after I was arrested by immigration agents while I was working in a deli store. I came to New York more that twelve years ago with a tourist visa. A donut store filed a petition for me but it was not approved. I have one conviction for selling liquor to a minor. My wife and children are all in my country. I want to stay if I can.
A: Based on the information you gave me, there is no way you will be permitted to stay in this country. Your best remedy seems to be to apply for voluntary departure before the Immigration Judge, who may or may not grant your request. The fact that you have a criminal record, the previous petition for you was denied, and you have no close relatives here in the United States will work against your application for voluntary departure.
FROM TC: SICK AND ALONE
Q: I came to the United States about ten years ago with a visa and I have no legal immigration status now. My wife and children are in my country. My wife does not work. I regularly send money to them for support. The conditions in my country are becoming worst because of the bad economy and corrupt government officials. The rebels are also having control of the place where my family lives. I have a heart condition and I had a triple bypass two years ago. If I return to my country, I will not be able to find work and my family will starve. I pay my federal and state taxes every year. Will the United States allow me to get a green card and stay here permanently?
A: No. Not for the reasons you mentioned.
