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.
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