World Journal Weekly Q & A - December 11, 2011

Q & A 1.

Q&A 1.

Reader with Immigration Case on Appeal Asks Whether She Can be Sponsored by Brother-in-law or Cousin-in-law; If She Qualifies for the 10-Year Green Card; or Under the New U.S.C.I.S. Policy Memo.

Lin reader asks:

In 2007, I tried to use other’s passport to come in to the U.S. but was arrested at the airport.  Later, my cousin’s husband bailed me out.  At this time, my case is pending on appeal for the 2nd time.   My husband is a green card holder.  But his English is very bad and could not pass the naturalization test to apply for me.  However, my husband’s sister passed the naturalization this year and can she apply for me?  How about my cousin’s husband who just passed the naturalization, can he apply for me?

Am I qualified for 10-year green card? 

The recent new policy memorandum allows family members of non-immigrants to change to B-2 status.   Does this apply to me and can I apply?

Dear reader:

1.   U.S. immigration law only has certain preference categories, and there is none for an application by a brother-in-law.  Neither is there one for a cousin-in-law to petition. 

2.   You are automatically not qualified for the 10 year green card (cancellation of removal) as you have not been in the U.S. for 10 years, and even if you were, the time for counting 10 years froze when the Immigration Service served you with a notice to appear in the immigration court. 

3.   The recent new policy memorandum which allows family members of non immigrants to change to or extend B-2 status in the States does not apply to you as it is for people who are presently legal in the U.S. and have persons in the country on long-term non immigrant statuses with whom they are "household numbers" (persons with whom they regularly reside and with whom the principal non-immigrants maintain the same type of relationship and care as one would expect between nuclear family members). 

As you are undoubtedly represented by legal counsel, I suggest that you sit down with him or her and discuss your case in depth including any realistic options that might be available to you.

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.