World Journal Weekly Q & A - September 13, 2009

Q & A 1. 2. 3. 4.


Q&A 1.

Having an Asylum Green Card, and Being Charged with Prostitution, Will This Affect My Entering the Country or Filing Immigration Papers for My Family Members Overseas?

California reader asks:

I came to U.S. in 8/2004 and have received my political asylum green card. However, in 9/2008, I was tentatively found 64-7B (prostitution) by the Court, probation 3 years and fine below $1,000.00. My attorney told me it was misdemeanor. Is it true? Will it affect my entering into U.S., if this crime was finalized?

I filed papers for my family members in 2005, but as of today, I have not heard any thing from immigration. Will it because of this crime? If in the future, my son arrives to the U.S., will my incident affect his military enrollment?

I have not pleaded guilty and denied the charge at this time. I will have my final court date in the near future, please response ASAP.

Dear reader:

Your attorney is correct in stating that your offense is not a felony as I assume from your account that the charge was just related to a simple act of prostitution and not to the owning, controlling, managing, or supervising of a prostitution business, which is an aggravated felony. Nevertheless, a prostitute is barred from entering the United States. In order to establish inadmissibility, however, the Department of Homeland Security (DHS) must show that you engaged in a pattern of behavior or conduct as a prostitute. If such cannot be proven, you are not barred, although the offense is regarded as a crime involving moral turpitude. Even if there is a final conviction for simple prostitution and you are stopped on entry, you are eligible for a waiver of inadmissibility if DHS claims a pattern either on the basis of humanitarian, family reunification, or public policy grounds as you have an asylum green card or if you have a spouse, parent, son or daughter who is a U.S. citizen or permanent resident and extreme hardship would be visited upon them if you had to leave the U.S.. It is difficult to state the reasons for which asylee family members are not timely adjudicated many times for follow to join asylum benefits. Your crime may or may not have anything to do with the delay. If and when your son arrives in the U.S., your incident will not affect his military enrollment as individuals are judged on their own merits when joining the military.

Q&A 2.

Seven Year-old Son Has Left U.S. for Over One Year Without Reentry Permit. Can He Now Come on His Green Card?

Lin reader asks:

My whole family immigrated to the U.S. in 2006 under labor certification. We filed taxes ever since we came to the country. In 3/2008, we sent our 7 years old son back to China to learn Chinese. We did not apply advance parole for him and he has left U.S. over 1 year. We prepare to go to China and bring him back next month. We will all use our green card back at the same time. Will my son encounter problem with his green card? What should we prepare for him?

Dear reader:

As you did not apply for a reentry permit for your child, he has theoretically lost the right to return on his permanent residence card. Your plan to bring back your son with the entire family has some merit, but you should be prepared to be truthful with the Customs and Border Protection inspector at the port of entry. He/she may accept the submission of a waiver and the Port Director grant it in the exercise of discretion. There is of course the risk that the Port Director will challenge your son's right to enter and then you will have a hearing before an immigration court. In light of his age, that would probably not be required. The other options are to request a special immigrant visa at the American consulate or embassy or to attempt to re- immigrate your child, both of which are probably not the favored options at this point.

Q&A 3.

With Political Asylum, Can I Safely Return to China If I Get my Green Card Based Upon Marriage to a U.S. Citizen?

Sui reader asks:

I passed my political asylum in 10/2008 and have already received my A5 card. If I now marry my U.S. citizen boyfriend:
1. How long will it take for me to receive my green card filed by my U.S. citizen boyfriend?
2. What kind of green card will I receive through my boyfriend’s application, marriage green card or asylum green card?
3. Can I use my marriage green card to go back to China? Will they find out I applied political asylum before and give me hard time?

Dear reader:

1 The normal time for processing adjustment of status applications for individuals married to U.S. citizens is approximately 7-9 months.

2 If you immigrate through your boyfriend 's petition, you will receive a marriage green card.

3 If you have a marriage green card, you should be able to go to China and return to the States safely. There will be nothing on the green card which will indicate that you were given asylum in the U.S.

Q&A 4.

Reader Wonders What to do Since I-824 Application to Obtain Duplicate I-130 Approval is Delayed, and Whether an Immigration Officer Will Know How Long He Has Left the Country.

Chen reader asks:

I filed I-130 F1 category on 8/13/03. I did not hear any information, until I went on immigration’s web site and found out it was approved on 6/26/07. I did not receive the approval notice and did not change my address. I filed I-824 on 8/18/08 requesting to resend the approval notice, paid $340.00 fee and received a receipt. But as of today, I have not heard anything. I called NCSC and checked on-line, but did not have any results.

My questions are:
1. What should I do to obtain answers? Will it be easier if I hire an attorney to check for me?
2. How long will it take to request for re-issuance of an approved notice?
3. When I leave the U.S., I will not need to pass the immigration officer’s inspection or stamp. Is it safe to say that when I re-enter the U.S., the immigration officer will not know how long I have left the country?

Dear reader:

At this time, it would appear that U.S.C.I.S. is late in adjudicating your I-824 application for a replacement I-130 approval sheet. It is not clear where you submitted the petition, but the Vermont Service Center and the Nebraska Service Center are both adjudicating I-824's within three months, the Texas Service Center is processing applications received in November 2008, and the California Service Center applications received in December 2008. If you have not yet received the replacement approval, you or your attorney should continue to check back with the NCSC. You can also contact your local Congressman or Senator's office for assistance. In answer to your question of whether an immigration officer will know how long you have left the country, the Department of Homeland Security is presently attempting to implement an exit system which will allow it to monitor the departure of individuals. The system is by no means complete at this time, and so there is a possibility that an immigration officer will not have full knowledge of your time in this country. I do note, however, that individuals without permanent residence or U.S. citizenship give up their I 94 entry/exit cards upon departure and DHS keeps track of them. In addition, immigration officers routinely go through passports to check entry and exit stamps from other countries.

 

Copyright © 2003-2012 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.