Q & A August 22, 2004

Q & A 1. 2.


Q&A 1.

22 Thousand people will benefit from the decision of Minnesota Federal Appeal Court

Dear Mr. Lee:

Reading from the World Journal, the Judge of the Minnesota Federal Appeal Court made a decision on February 12, that for all asylees whose cases have already been granted but whose applications for permanent resident were pending in the past a few years, the Immigration must give them green cards. There will be about 22,000 some people who will benefit from this court decision.

I am a faithful reader of your articles. Here is my situation: I received my recommended approval in January 1999 and my asylum approval on September 14, 2000. I have submitted an application for permanent resident to the Immigration office in October 2001. Based on my situation, would I be considered among the 22,000 people who would benefit from the abovementioned appeal court decision? If yes, when would I be able to receive my green card? Could I ask the Immigration office to expedite my application based on this decision? If not, how many years do I have to wait? Urgently await your answer. Thank you.

A faithful reader
March 20, 2004


Dear reader:

The Minnesota case that you are speaking of, Ngwanyia v. Ashcroft, has been appealed by the government. If the case is ultimately decided in favor of the aliens, approximately 22,000 individuals will benefit from the decision as that is the approximate amount of asylum adjustment numbers which have not been used in recent years. You and everyone else who has asylum adjustments pending would be benefited by a favorable ruling. At this time, you cannot request the government to expedite your application as the decision is not yet final. It is also difficult to state when you would be approved for permanent residence if the appeal is won. But it is clear that adding another 22,000 numbers would cut two years from the waiting time as there are 10,000 asylum adjustment numbers allotted each year. Presently, the U.S.C.I.S. is processing for permanent residence those applications for adjustment of status filed by November 16, 1999. It has recently estimated that, for I-485s based upon asylum which were filed between September 1, 2001 to January 17, 2002, final processing would occur between October 1, 2008 to September 30, 2009.

Q&A 2.

If mother has no status, the son is ineligible for permanent residence as well

Dear Mr. Lee,

My friend's mother, a 10-year Green Card holder, petitioned for him to become a permanent resident, but she surrendered her card in 4/2002, after returning to the U.S. behind schedule. His son received the DS-230 form in 10/2002, and submitted it along with the fee $400 in 10/2003.

Questions:

1. Will the son still have a chance in obtaining the Green Card?
2. During this period, if the son enters the U.S. with an I-20, will he have trouble with CIS?

Wu
Michigan

Dear reader:

1. Inasmuch as the son's petitioner is his mother who has no status at this time, it is clear that the son is ineligible for permanent residence based upon the mother's petition. Unless fraud is involved, the son would not receive an approval of permanent residence.

2. If the son manages to obtain an F-1 student visa from the American consulate, he will most likely not have trouble with the CBP inspector at the port of entry to the United States.

 

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.