World Journal Weekly Q & A - May 17, 2009I-824 Approval is Lost - What Can I Do?Liao reader asks: I adjusted my status in the U.S. under 245(i) and received my green card in 2007. During the period of my adjustment, in 2007, my attorney filed I-824 (follow to joint) for my wife and daughter in China. I received an approval notice on 9/25/08, but as of today, I have not heard from NVC or Guangzhou Consulate. I wrote many letters to NVC and Consulate, they both responded back saying that they did not have the case and asked me to contact USCIS. I did contact CIS but there was no response. What should I do? Should I continue to wait? Should CIS contact Guangzhou or should NVC? Dear reader: Unfortunately you are caught in a common situation which has been
the subject of much discussion between immigration lawyers and both
the U.S.C.I.S. and Department of State. Many I-824 approvals tend
to be mis-processed following approval by U.S.C.I.S.. The question
is not only which agency is at fault, but what is an acceptable
solution. Thus far, the American Immigration Lawyers Association
has recently established communication with U.S.C.I.S. in these
type of cases and the best solution for lawyers in the Association
is to go through the organization. Other than that, you can contact
with the consulate, National Visa Center, and U.S.C.I.S. to see
whether any agency has the I-824 paperwork. You may also contact
your local Congressman or Senator to inquire into your situation.
Finally you can attempt to refile the I-824 paperwork with U.S.C.I.S.
Can I Immigrate My Father With the Help of a DNA Test Since I am Illegitimate?A loyal Reader asks: I am an U.S citizen and an adult. I am my biological father’s illegitimate child. My biological father entered US in 1994 holding an I-94 visa. At that time, I was only 8 years old and needed my biological father’s care, therefore, he overstayed here for nearly 15 years. He is now 64 years old. My current attorney suggested us to do DNA tests to proof our relationship. Under this situation, can I apply a green card for my father? If I can apply, what are the procedures? Dear reader: If your birth certificate lists your biological father as your true parent, you would only have to show that he exhibited parental care for you while you were under the age of 18. If he is not listed on your birth certificate as your father, you would have the further burden of proving a blood relationship. You could initially submit secondary evidence to U.S.C.I.S. if such is available. Such could include baptismal certificates, old school records, census records, or affidavits of individuals with knowledge that he is your biological father. I do note that DNA testing is fairly expensive that and that it might not benefit you to have it done at this moment as your giving it directly to U.S.C.I.S. would probably be seen as compromising the chain of evidence. Finally please remember that if you were not born in this country and immigrated through an adoptive parent, you would not be eligible to sponsor another parent.
Holding A10 Card, Can I Adjust to Permanent Residence After Using Fraud Document for Entry If I Marry a U.S. Citizen?A Qingdao reader asks: In 2000, I used other people’s passport, a passport for public affairs, entered U.S. without problem. In 2001, I used the name on this passport and filed for political asylum. At the Immigration interview, I told the examiner the name on the passport was not my real name and requested for a name change to my real name. My interview did not pass, so I went to Court. Again, I failed in Court. I appealed to the federal court and obtained A10 card. The A10 card contains my real name. My questions are: 1. Can I marry a U.S. citizen and obtain a permanent green card? Dear reader: 1 The A10 card means that you have been granted withholding of removal, a relief similar to political asylum although it does not provide a path to permanent residence. In New York, the U.S.C.I.S. District Office has affirmed that individuals who enter the U.S. with fraudulent documentation may be allowed to adjust status to permanent residence. In your case, a bonafide marriage to a U.S. citizen may provide a path to residence status. 2 If the marriage creating the step relationship is was celebrated prior to the child's turning the age of 18, the law recognizes that a parent-child relationship is established. The child must reach the age of 21 in order to petition for anyone. If and when the child petitions for you, you must also apply for and be granted a waiver of the fraud associated with your entry. A waiver can only be granted where your removal would impose extreme hardship on your U.S. citizen or permanent resident spouse or parent.
What is My Status Since I Was Under B-1/B-2 Status When I Applied for I-485 Adjustment of Status to Permanent Residence?Wu reader asks: I came to U.S. in 7/07 under a B1/B2 visa. I was granted 3 months of stay. In 8/07, I filed I-140 application as a cook. My Labor Certification was approved in 2006. At that time, my priority date was current, so I also filed I-485, I-765 and I-131 concurrently. In 10/07, I did finger prints for the above 3 applications. Unfortunately, my I-140 was denied in 4/08. I filed an appeal but was also denied. As of today, I have not received a denial for my I-485. My questions are: 1. Do I still consider being in the U.S. legally as long as I have
not received my I-485 denial? If I am no long legal, when is the
date of my illegal status, the due date of my entry on my B1/B2
visa or the date of my I-140 denial? Dear reader: 1 You are considered quasi legal at this time, here only through the grace of having filed the I-485 application. You are not considered wholly legal at this time. The date of your true legality ended when your I-94 visiting time expired. 2 It is not common for immigration officers to notate the passport of the individual leaving the U.S.. It is much more common for them to put in notes for someone who is just entering the country. Regardless of whether any notations are placed in your passport, your information should be on Immigration's database, where it can be accessed by a Customs and Border Protection official when you next enter the States. 3 As you have technically overstayed your period of visit in the States even though you filed for an I-485 application, the B-1/B-2 visa would be seen as automatically cancelled. There is a good possibility that you will encounter difficulties at the port of entry if you leave and then return to this country with the same visa.
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