Published on Lawyers.com and the Epoch Times on October 17, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


I Came to United States in the Year 2007 with the Green Card


I am now a United States Citizen. I have been using a wrong birth year since I came to here.

Mr. Lee answers:

As you are now a United States citizen, the government would have the burden of proof to show that any misrepresentation that you made was material if it wished to take back your U. S. citizenship. For example, if you decided at this time that you wish to change your birth year on all your documents and to set the record straight, there is a chance that DHS may become involved and ask the reason for which you did not disclose the true year of your birth when you were applying for your permanent residence or naturalization. If the true date of birth would have had any influence upon your ability to obtain permanent residence, e.g. immigration under another category was only possible through the change of year, such would be considered a material misrepresentation.


Q&A 2.

Question Regarding DACA Eligibility

I looked at the DACA requirements and I meet all of them, except I have a question about one of the requirements. The requirements say that your legal status has to have expired by 2012. My father applied for a green card in 2008 with me as a dependent application underneath him, our visa expired in 2008 after the green card application. Our green card application was denied in November of 2012. So would I still fall under the category of legal status expired in 2012?

Mr. Lee answers:

An individual who is applying for adjustment of status is allowed to stay in the grace of U.S.C.I.S. Unless the applicant has an underlying valid nonimmigrant status, the individual cannot be said to have a lawful immigration status. If the only thing that was keeping you afloat was the green card application and not a valid non-immigrant status, you would fall under the category of those whose legal status expired by 2012.



Q&A 3.

I-130 Sibling Petition for Pakistan

My brother, an American citizen, will apply I-130 form in F-4 category. He told me that for Pakistan, F-4 processing time is not about 10 or 12 as happened in past. Now in 5 to 6 years they complete the case. Is this true Sir? Or, how much time would be required for the availability of my visa. He will apply on May 1, 2014. I'm 58 years old and only me and my wife would be the beneficiaries.

Mr. Lee answers:

Unfortunately it takes about 10+ years for an individual to complete the process under the F-4 category. Currently those who applied before January 22, 2002, are going through the final immigration phase. There is no truth to the rumor that a person will be able to immigrate under this category in 5 – 6 years.


Q&A 4.

Does the Deported Need to File the I-212 or Can an Adult Child Submit on Their Behalf?

I'm trying to submit an I-212 for my father for early re-entry. He was barred for 10 years and has been gone for 8.5 years. My aunt, his sister is very ill and I'm trying to get re-entry before she passes away.

Mr. Lee answers:

The I-212 application for permission to reapply for admission into the U. S. after deportation or removal must be signed by the applicant although a parent or legal guardian may also sign the application for someone under 14 years of age, and a duly appointed legal guardian may sign for an adult who is incompetent to sign the application.


 

 

Copyright © 2003-2017 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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