World Journal Weekly Q & A - December 28, 2008I Sneaked In; Was Denied Dependent Asylum Status Because I'm Too Old; What Can I Do Now?Wang Reader asks: I am 32 years old. I sneaked into U.S in December 2001 and was not caught. My mother who holds A5 card filed I-730 application for me in June 2006. I received a fingerprint notice and did it on March 20, 2008. Later, my application was denied. My mother applied for me again in April 2008. Immigration informed me that when my mother filed her I-589 application, I was already over 21; therefore, I was not eligible. My questions are: 1. Based on my situation, is there a chance for me to obtain legal
status? Dear reader: 1 Your present case does not appear winnable. 2 You may be able to obtain status in this country if you can prove that it is probable that you will be persecuted if you are returned to your home country. In that case, you might qualify for withholding the of removal before an immigration court which, while not giving a path to permanent residence, will allow you to remain in the country with work authorization while there is still a threat of persecution in your home country. If the law changes, you may qualify for whatever benefits are allowed. You may also gain status through marrying an applicant for immigration who already has the benefit of section 245(i) which allows most illegal immigrants to adjust status upon payment of a fine amount, or marrying an applicant for political asylum who is ultimately granted asylum. Please be aware, however, that the latter two situations require a bonafide marriage and that U.S.C.I.S. will certainly be looking into the credibility of the marital relationship.
Friends With Orders of Deportation Have U.S. Citizen Child Soon To Be Adult. How Can He Help?Lin reader asks: I have a married couple friend whose cases were denied by Court, and both of them have deportation orders. Their U.S. born child is going to be an adult soon. Can the child file adjustment papers for his parents as soon as he became an adult? Do his parents need to leave the States? What are the procedures? What is the age for a U.S citizen to be an adult? Dear reader: If your friends have deportation orders, they may be petitioned for permanent residence through a child who has reached the age of 21 years. However, because of the order, they would have to convince U.S.I.C.E. and either the immigration court or Board of Immigration Appeals to reopen their cases. Without reopening a deportation order, your friends can only gain permanent residence through leaving the U.S. and applying for a waiver of their deportation. I assume that they have already been or will be illegal in the country for least one year and so would also have to apply for a second waiver for the illegal stay if they leave the country
Physical Therapist Asks Procedures For Immigration Under Schedule A OccupationChen reader asks: I have a physical therapy degree from a university in Taiwan. Then I came to study in the U.S. and graduated with a physical therapy doctor degree from Stony Brook in August this year. Am I qualified to apply for 2nd preference employment-base immigrant visa? If I am qualified, how long does it take for me to obtain my green card? My lawyer suggested me to file I-140, I-485 and I-765 concurrently. Should I also apply for a Visascreen certificate? Do I need to apply for prevailing wage? How long does it take? Dear reader: Whether you are qualified to apply under the second preference
employment based immigrant visa category will depend upon the requirements
of the position you will be fulfilling. As there is no job description
attached to your question, I cannot further comment except to state
that an EB-2 application at this time has many more benefits than
one under EB-3, especially if you are from Taiwan since the EB-2
quota is current for natives of Taiwan. As you are applying as a
physical therapist, you are required to either have the Visa Screen
or certification from the Foreign Credentialing Commission On Physical
Therapy. Applying for a prevailing wage is a further requirement
of Schedule A occupations such as physical therapists. (For our
readers, applicants under Schedule A occupations such as nursing
or physical therapy are not required to obtain labor certifications
prior to filing immigrant visa petitions with U.S.C.I.S.. They must,
however, comply with posting the job opportunity, be paid prevailing
wages, and in this case obtain a health certification since the
work generally involves treatment of individuals). It is difficult
to foretell how long the process will take for you to obtain permanent
residence, but the two U.S.C.I.S. service centers handling employment
based immigration cases, Texas and Nebraska, have processing times
posted of approximately 16 months each at this time. Husband Has H-1B And Wants to Change Jobs; Reader and Daughter's H-4 Applications Still Pending And Reader Wants to Know What To Do About ThemLi reader asks: My husband obtained his H-1B visa at the end of 2007, soon after his company attorney filed H-4 visa papers for me and my daughter. It has been almost one year, but the attorney told us that our cases are still waiting in line. Does H-4 visa need to wait as well? My husband is going to change job soon. If he changes his job, what should we do with our H-4 visa? Is the new company going to take over the H-4 applications? How long do we have to wait for our H-4 visa? Dear reader: Your case illustrates what can happen to H-4 applications which are not submitted concurrently with the H-1B petitions. Even when they are submitted concurrently, they sometimes get separated and take an inordinately long period of time to adjudicate. If and when your husband changes his job, your attorney should notify the U.S.C.I.S. service center holding your application of the change of circumstance in the event that you are satisfied with the original period of time requested on the H-4 application. A new application is not required since your H-4 status relates to your husband and not to his company. Another option is for your attorney to file H-4 application papers for you and your daughter once again and show the former filing to prove that you are not illegal. A new application would be more useful if you are attempting to match your H-4 time period with that your husband under his new job. It may also be useful in your particular situation to allow you to obtain a quicker adjudication of your application.
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Copyright © 2003-2012 Alan Lee,
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