World Journal Weekly Q & A - September 15, 2013

Q & A 1. 2.

Q&A 1.


Uncle With False Marriage Who Is Now Married To A U. S. Citizen With 3 Children Will Soon Be Deported – Any Solution?

Andy asks:

My uncle was order deported because USCIS found him having entered fake marriage for status in 1996. My uncle appealed and on 10/2008 was convicted and jailed. In July 2010, he was released but under supervision due to crowded jail and government’s financial difficulty.  On 7/2013, he was notified to get a passport and leave the country.  My uncle married to a U.S citizen in 9/1999 and has three children.  If he is deported, his family will be broken, what can he do?

Dear reader:

The provision under which he has run afoul of DHS, a fake marriage, does not allow for a petition to ever be filed on his behalf. That being said, he may still be eligible for withholding of removal or withholding under the Convention against Torture if he has such grounds for believing that he will be persecuted upon return to his home country. Also I note that if the Senate bill for comprehensive immigration reform, S.744, ultimately becomes law, he may find relief there as he could make an application for registered provisional immigrant (RPI) status. That application would not seem to involve a petition.


Q&A 2.

Reader Wishes to Clarify NVC Procedure on F-2B Petition For Unmarried 33-Year-Old Daughter

Linda asks:

I applied for my unmarried 33 years old daughter in 2011. I received an I-797 with a receipt date of 11/9/2011 and notice date of 1/23/2012. However, in 2/2012 I received a notice from NVC with the case number and it said “Unfortunately visa numbers are not presently available for your use. You will be notified when further consideration can be given to processing your application for immigration.”

My questions are:

  1. What does NVC mean? Does every NVC applicant’s notice have such message? Do I need to provide any more documents?

  2. When I send out the I-130 application, I didn’t attach the G-325a biographic information form , will that affect my case? Do I need to send it to them at this time or later? USCIS didn’t notify me to fill out the G-325a form.  Whose information should be on the form, the petitioner or the beneficiary?

 
Dear reader:

  1. NVC means the National Visa Center which houses petitions headed for consular processing approved by U.S.C.I.S. and provides much of the processing work for the American consulates and embassies which ultimately interview the applicants. Where the priority dates are backed up such as in your daughter’s category, NVC generally sends such a message. You do not have to provide any further documentation at this time.

  2. A G-325A biographic data sheet is not required for your type of I-130 petition.

 

Copyright © 2003-2013 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.

 
   
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