Published on Lawyers.com and the Epoch Times on May 15, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Cancelation of Removal Order
I have been in the US for the past 7 years, started working and filed my taxes promptly for the last 4 years ( was at school from 2007-2010), no felony, clear background and outstanding credit history, was arrested by a homeland security officer at my residence in 08/20/2014 and released the same day without a bond. I'm awaiting a letter to confirm my hearing court date, I would like to know if I would be able to get a cancellation of removal order or an extension before appearing before the judge for 3 months since my girlfriend of 4 years is a US citizen and finalizing her divorce from her ex husband so we can tight the knots.
Mr. Lee answers:
You or your attorney could attempt to speak with ICE and request an exercise of prosecutorial discretion to refrain from putting you in front of the immigration court. In the event that it does not work out, kindly note that scheduling cases in the immigration courts across the country takes time as there is a huge backlog of cases. In addition, you or your attorney could make the immigration judge aware of your present situation if you are soon called to hearing. In the absence of other negative factors, most judges and ICE attorneys would agree to a continuance to allow your girlfriend to straighten out her situation, for you to marry, and for her to file a petition on your behalf.
Q&A 2.
I'm a Green Card Holder Since 1989
I'm planning to become a citizen. Can I work in Canada while I'm waiting to be approved?
Mr. Lee answers:
An applicant for citizenship is supposed to have the intention to reside in the US when he or she becomes a citizen. That being said, unless there are egregious reasons for believing that you do not intend to stay in the country when you become a citizen, you should be able to work in Canada while waiting to be approved for US citizenship.
Q&A 3.
Waiver Visa After 10 Years
I lived from Aug. 2000 to Oct. 2004 in US illegally. I got in to the country with a legal tourist visa but circumstance force me to stay. I pay my taxes and never have any legal issue. I voluntary leave and move to Canada. My partner crossing the border was questioned of the nationality of my son who born in US and the situation came up. Since then we requested a waiver visa few times and all them was approved. We are now Canadian citizen for almost 7 years and my last waiver expired in the next few days. My question are: Do I have to apply for a new waiver or after October I can cross the border just with my Canadian passport and is something I can do to avoid be stop in the border for that situation?
Mr Lee answers:
The bar for illegal stay for a year or more is 10 years, and if you have satisfied the 10 year requirement by October, you should be able to enter the US without need for further waiver. You should of course bring proof that you have been outside the US for a cumulative period of 10 years. Any time spent in the US does not count in satisfaction of the 10 years.
Q&A 4.
Filing Form I-90 Will My Wife be Able to Work in the USA?
My wife and I got married in June. She is here on a visitor visa. Do I have to file I-485 for her to work? We want to get our own place to live, but I can't just on what I make.
Mr. Lee answers:
I am slightly confused by your interposition of form I-90 replacement for alien registration card with form I-485 adjustment of status application for permanent residence. I will assume that you are a US citizen and that your wife can file for adjustment of status based upon her marriage to you. For her to work, she would have to submit form I-765 application for employment authorization along with the I-485. She could expect to obtain employment authorization within 90 days. As part of the immigration process, you must provide an affidavit of support guaranteeing to support her when she immigrates. The affidavit of support form is I-864. In the event that you do not have the wherewithal to support her following your reading of the federal poverty guidelines, you are allowed to have a cosponsor who can guarantee her support.
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