Q & A September 21, 2003

Q & A 1

Dear Mr. World Journal Editor:

In August 1992, I was caught when entering the U.S. at New York JFK Airport. I filed for political asylum on the basis of the 6/4 Movement. The INS at the airport issued me an I-94 for the entry.

In 1994, I was ordered for exclusion at immigration court in New York, and I appealed immediately. I got married in January 2001. My wife, a permanent resident, filed an I-130 petition under the 245(i) for me. In April 2002, our son was born in New York, and my wife had become a citizen at the time. In June 2002, the I-130 was approved and the I-1485 was filed in July 2002 in New York. In January 2003, I received a C-9 card.


  1. How long should I wait for an interview?
  2. Do I have to go to court, or apply for a waiver of exclusion? If I do not do these, will I be deported right away?
  3. If an attorney appears when I am interviewed, will I not be deported?
  4. Is it true that if I don’t have a China-issued passport, the BICS will not be able to deport me?
  5. If a BCIS officer checks my C-9 card in the U.S., will I be detained?

New York

Dear reader:

  1. At this time, the New York office of BCIS is scheduling cases for adjustment of status interviews which were submitted in February 2002.
  2. In your case, you may not have to appear again in the immigration court. Whether you will have to apply for any waivers may depend upon documents that you used in connection with your entry into the United States. I do not believe that you will be deported right away when you appear for interview.
  3. See answer 2.
  4. For individuals who are detained by BCIS, they can be kept in custody for six months after a hearing under a Supreme Court decision, Zadvydas v. Davis, but the stay can be longer if the individuals are not cooperating in attempting to obtain travel documents. Where it does not appear that individuals are uncooperative, they are supposed to be released after six months, although the BICE (Bureau of Immigration and Customs Enforcement), formerly a part of INS, has given lip service to the decision on many occasions and kept holding the detainees.
  5. If you are stopped by a BICE officer prior to your interview, there is a good chance that you will be detained because he/she may not be aware of your specific situation.


Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.