World Journal Weekly Q & A - May 27, 2012Reviving a Chinese Student Protection Act (6/4) Green Card Case Denied in 1993.A father asks: I came to the U.S. in 1987 from China by sneaking in with a fake passport. I applied for the Chinese Student Protection Act (6/4) green card in 1993 but was rejected because I did not make a normal entry to this country. They said I entered without inspection. After that, I did nothing with my immigration, and in 2007 married a U.S. citizen and we now have two children. Is there something that I can do now? Dear reader: The Department of Homeland Security has changed its definition of what constitutes an inspected person in recent years, and someone who came in with a false passport and passed by Immigration with the false passport is now regarded as having been inspected. That person would have the burden to prove that he/she actually entered with a false passport and U.S.C.I.S. would probably want to see the actual passport used on entry. (Please note that this does not apply to persons who entered with representations of being U.S. permanent residents or citizens.) If such could be done, the person might then be eligible for adjustment of status to permanent residence with an accompanying waiver application to cover the fraud. In your case, you might be able to reopen your earlier rejection of adjustment of status under the Chinese Student Protection Act even though the determination was made in 1993. That is because the law as interpreted by the Department of Homeland Security changed in the intervening years as to what constitutes inspection. You may also be eligible for cancellation of removal under which an individual who has been physically present in the U.S. for 10 years, been a person of good moral character, and can show that his or her removal would cause exceptional and extremely unusual hardship to a U.S. citizen or permanent resident parent, spouse, or child, can receive permanent residence in a grant by the immigration court. Kindly note that the burden of proof to prove the hardship is a high bar. With Case in Immigration Court, Possible Consequences Where She Will Marry U.S. Citizen, and Wants to Petition for Son that She Never Told Court Existed.A Chinese mother asks: I came to U.S. more than 3 years ago. I filed a political asylum and my court date is scheduled in 6/12. I have a U.S. citizen boy friend and we plan to get married this year. I was told that I could get a green card 3 months after I got married. My questions are:
Dear reader: As your case is in the immigration court, your attorney will either have to file a motion with DHS for prosecutorial discretion to administratively close your case or ask the court for an adjournment or otherwise remand or terminate the case so that your future husband's I-130 petition for alien relative and/or I-485 adjustment of status application (assuming that you are eligible for adjustment of status to permanent residence) can be adjudicated. Whether putting in your son's name at this time is a risk is something that you should discuss with the attorney who is representing you since he/she would know best why the name was left out in the first place. Your political asylum application which has placed you in the immigration courts gives jurisdiction over your case to the court and not U.S.C.I.S. Therefore some action must be taken by the court for your marriage case to go forward. As such, it is highly improbable that you would obtain a green card 3 months after getting married. The age limitation on a stepchild is that he/she must be under the age of 18 at the time that the natural parent marries. A petition by your future husband could be done at any time afterwards, but if the petition is filed after your son reaches the age of 21, he would fall into the F-11 category for unmarried sons and daughters of U.S. citizens, which presently has a seven year backlog.
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Copyright © 2003-2012 Alan Lee,
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