Published on Lawyers.com and the Epoch Times on February 27, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Can I Renewal for EAD While Motion to Reopen is Granted
I was placed on removal proceeding, and recently motion to reopen granted; current EAD is going to expires before the first hearing date. Renewal EAD was denied, how to get EAD and driver licenses renewed?
Mr. Lee answers:
At this time, the immigration court has jurisdiction of your case. However, that being said, if the granting of the motion to reopen would again make you eligible for an EAD, you could perhaps submit an application with proof of the granting of the motion, explanation of how you qualify for an EAD, and what will happen to your case at the first hearing before the court.
Q&A 2.
I'll Give Birth in US, Can I Have Citizenship?
I'm pregnant if I give birth in US can i have US citizenship? And my husband is Russian he was in US for 10 years (green card) but he has a criminal record (because he stayed one month more in US , so he was illegaly , and after 6 month in jail they sent him to Russia , so if I'll give birth there can my baby transmit US citizenship to his dad ? even he was arrested illegally there ?? what he can do to enter again to US ? PLEASE is there any way let him enter there?
Mr. Lee answers:
Prior to 1976, a US citizen baby could confer lawful permanent residence upon its parents. The law was changed so that the child now has to be 21 to petition for parents. Therefore you will obtain no additional immigration rights through the birth of the child. By the same token, your husband will also not be able to benefit.
Q&A 3.
I Have a Green Card for Over 3 Years, Been Married to a U.S Citizen for 5 Years. How Can I Apply for The Citizenship?
I have a green card for over 3 years. Been married to a U.S citizen for 5 years. How can I apply for the citizenship through my wife even though my green card was issued through work.
Mr. Lee answers:
You are allowed to apply for citizenship if you have been married to a US citizen for three years; the US citizen has held that status for three years; and you have been living together without significant break during those three years. The fact that you obtained your permanent residence through work should not be an obstacle.
Q&A 4.
Can A US Citizen Help Mother and Father Come to the U.S.?
My mother was in Florida but left back to Mexico 3 years ago. My father was in Florida he had a deportation 15 years ago and they picked him up about 4 years ago and he is back in Mexico. What can I do to help my parents?
Mr. Lee answers:
You could petition for your mother if you are over the age of 21, but if she was illegally in the US for over one year, she would be barred from coming back for 10 years from the date of her leaving the US unless she qualifies for a waiver. A waiver for your mother would only be predicated upon her having a parent who is a US citizen or permanent resident. For your father, it is unclear from your fact situation as to whether he had a prior deportation 15 years ago or only a deportation order. If he only had a deportation order and did not leave until he was picked up four years ago, he would require the same waiver is your mother, but would also require advance permission to return to the US after deportation through the approval of form I-212 Application For Permission to Reapply for Admission into the United States after Deportation or Removal. If he was indeed deported 15 years ago (1999) and then reentered the country illegally, he would not be eligible to file for a waiver until 10 years after he was sent out of the country the last time.
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