World Journal Weekly Q & A - September 2, 2012

Q & A 1. 2.

Q&A 1.

Parents Pine for Son Who Aged Out - New Hope Under the CSPA Says the Fifth Circuit Court of Appeals.

Lin reader asks:
 
My husband and I are U.S. permanent residents and we are over 60 years old.   Because of our only son was aged out, he could not come with us.  U. S. has huge land and less people.  Why U.S. immigration category for our son is backlogged for 8 years and could not allow him to come earlier?

We need our son to care for us because our health has declined.  Also we do not know English and all papers we must asked others to read to us and it’s very troublesome.  My son has a degree and can resolve our day-to-day problems for us.  In addition, he is getting older and can not get married and we are very worried.

Do you have any way to contact the relevant agencies to address our concerns so that the families like ours could be reunited as soon as possible?

Dear reader:

I agree with you and many others who point out that the U.S. has huge land and is much less populated than the countries from which they come.  In some stretches of America, you can drive for miles without seeing anyone or any house or building.  Anyone who has lived for some time overseas can see that the U.S. is not overpopulated or in imminent danger of being so, as many anti immigrationists claim.  That being said, the law of the Child Status Protection Act (CSPA) is presently in conflict as to whether aged out children who cannot come with their parents can use the earlier priority date of the parents so that they do not have to stand in two lines for immigration  - their parent's line and then their own under the F-2B category. 

At this time, two circuit courts of appeal, the Second with jurisdiction over the States of New York, Connecticut, and Vermont, and the Ninth with jurisdiction over the States of California, Oregon, Washington, Nevada, Utah, Alaska, Montana, Idaho, and Arizona, have said that the aged out children are not entitled to the earlier date, while the Fifth Circuit with jurisdiction over the States of Texas,  Louisiana, and Mississippi has ruled in favor of the entitlement.  There is a good chance that the issue will go up to the Supreme Court. 

Q&A 2.

Reader Put Immigration Court Case in New York Even Though He's Living and Working in Georgia and Judge Wants Him to Put in Application That Would Show Where He Lives. What to Do?

A reader asks:

My husband has been in the U.S. over 20 years.  For some reasons, his court case has dragged until this February he finally had his master hearing.  The Judge said he was qualified for 10-year green card and asked us to go home and discuss.

We have a 3 year old healthy child together and my husband filed tax returns almost 10 years.  The problem is that he has been working, living and filing taxes in Georgia.  Our court is in New York and Judge does not know we live in Georgia.  Because we were told Georgia’s immigration policy was not good.  Our attorney advised us that if we do 10-year green card, there is 95% chance that our case will be transferred to Georgia.  This month we informed Judge that we wanted to do political asylum not 10 year green card.  However, Judge wanted us to think it over again and go back in 6 months.  What do you suggest us to do?  We have a restaurant and house in Georgia and have thought about moving to New York.  Or should we go to New York with our child more often and gather more documents that we are living in New York?   

Dear reader:

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.