Published on Lawyers.com and the Epoch Times on April 25, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Is There Anything I Can do to Stop My Boyfriend from Being Deported?

My boyfriend was arrested Monday night. We have a court date set for January 16th. I also have been informed that he has an immigration hold on him because he is here illegally.  I am pregnant and he has paid the bills/Dr. appointments/ everything. On the 16th after our court date will he be deported, or how long does something like that normally take, or is there anything I can do to stop the deportation process?

Mr. Lee answers:

In the first hearing before the immigration court, the master calendar hearing, the court is interested in knowing whether your boyfriend has found a lawyer and going over the charges against him and whether he has any type of relief available to him. If he is still being detained, he may request release on bond in order that he can better prepare his case. If you are a US citizen, and you married him, there is the possibility of requesting a continuance while you file papers so that he can qualify for the I-601A waiver of being illegally in the country. When the petition is approved, he might then ask for an administrative closure of his case to file the I-601A waiver which would be based upon extreme hardship to you if he had to leave permanently. Assuming that the waiver is approved, he could move to terminate his court case and travel back to his home country for an immigrant visa appointment. If you do not have status yourself, his marrying you would still be favorable as he would then be the father of a legitimate US citizen child. Such would be a more sympathetic base from which he might be able to gain some relief.

Q&A 2.

Is It Better to File An I-130 Instead of "Following to Join"? Can The Application ("Following to Join") With the U.S. Consulate Be Continued?

Someone obtained his green card thru work on Oct.13, 2009. His original priority date was 04/19/2001. He got married on 1989 to someone who entered the U.S. illegally. The wife was in the country illegally since August 1989 to December 2009, when she left the U.S. voluntarily due to illness. The husband filed an I-824 to notify the U.S. Consulate that his status has been adjusted to permanent resident. The I-824 was approved on 01/29/2010. In view of her unlawful presence in the U.S., she filed I-601 Waiver which was denied, for failure to prove extreme hardship on the part of the husband. The husband qualifies to apply for N-400 ending of 2014. Thank you and we wait for a reply.

Mr. Lee answers:

Unfortunately the husband's becoming a US citizen will likely have little effect upon a determination of extreme hardship in a further I -601 waiver application. Items that would be more relevant are the birth of children, change in his health situation, change for the better in financial circumstances, etc. There is also the possibility that her original I-601 was not prepared well (as we have seen in a number of cases) and she may wish to have a consultation with an attorney with expertise in the field of I-601 waivers to see whether another should be filed at this time.

Q&A 3.

Do I Have to Stay in School if I've Already Filed for a Change of Status

I got married while in school (F1 visa), and I have already applied for a change of status (green card). Do I have to stay in school?

Mr. Lee answers:

In my opinion, it is always better to maintain a legal nonimmigrant status even if one has already applied for an adjustment of status for the green card. In the event that something goes wrong with the I-485 filing, a person's status in the States may still be seen as lawful if he or she is still maintaining legal nonimmigrant status.

Q&A 4.

Out of F-1 Visa Status

I'm an international student who has been out of status for 1 year. It happened when my sponsor's ( my dad) business had gone down and he had stroke. I don’t have sufficient fund to attend college and my dad is selling his own house so his could pay for his debt and my tuition too. I've been in the US for 6 years and going back home to apply for a new visa is not my option. School's counselor has been informed my situation and I haven't got letter of deportation from USCIS yet but I want to know if there is a waiver that I could ask for while waiting for money from my family? My driver license is going to expire. Shall I be asked to provide I-20 and other docs when renewing it? I have to delay my wedding with my fiancée because of my bad situation but I've been always asking if my out-of-status visa has anything to do with my marriage? My fiancée is an U.S. citizen.

Mr. Lee answers:

If your relationship with your fiancée is bona fide, you should get married and have her petition for your residence status. I note that if your relationship is not bona fide, you and she could both face five years in federal prison and/or $250,000 in fines apiece for marriage fraud. As you have already been out of status for one year, you are not eligible for reinstatement to F-1 student status. You will generally not find a sympathetic ear to your situation as you could have requested part-time employment authorization from U.S.C.I.S. based on your family circumstances.

Copyright © 2003-2014 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.