Published on Lawyers.com and the Epoch Times on September 25, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

What is the Process for Filing for An Immigrant Visa to Bring My Wife to the U.S.?

We were married in the US and have been married for 18 years and have 3, US born children. Wife's family had deportation but all overstayed, after ruling. We left to Panama after meeting with immigration officer. Wife has been out of country for close to 10 years so I would like to know what steps I need to follow for bringing her back to the US. I-129F was approved in 2007 but waiver 212 was not so not sure if another I-129F is necessary to be filed again.

Mr. Lee answers:

If your wife is only barred by her deportation and illegal presence in the U. S. for over a year, the 10 years that she will have spent outside the U. S. will obviate the need for a waiver. If she made a misrepresentation or is excludable under any other provision of the immigration laws, she would require a waiver. The I-129 F petition has no effect at this time and, since she is already your wife, you should instead file an I-130 petition for alien relative in order to start the process.

Q&A 2.

Immigration

I work in the IT field on a contract basis and was applying for my H1B visa extension. I recieved a RFE due to lack of evidence. So, I collected enough evidence and before being able to submit it to the USCIS, my contract ended. AM I STILL ELIGIBLE TO APPLY FOR MY RENEWAL? What are my other options?

Mr. Lee answers:

The best option is probably to find another sponsoring employer who is able and willing to file for an H-1B extension on your behalf. You would likely have to leave the U. S. since your H-1B contract is expired and there is no grace period. There does not appear to be any point to submitting an RFE response (if not already done) since you are no longer working for the H-1B petitioner. You can explain your circumstances to the American consular officer and he or she will probably be sympathetic in the visa adjudication.

Q&A 3.

How Long Would It Take the Government to Deport Someone?

I have recently met someone who is going to school in the US to be able to learn English. He has only been in the country for about two months, and has been doing very well. A fellow student claims that this person is a drug dealer, and that is why his school has decided to make him go back to Istanbul. This decision was made very quickly, and the person who may be facing deportation, was not given any notice other than he had to leave the country by Friday evening. I do not understand why this could be happening, or why they will not let him plead his case. He is a good man, and has not done the things he is being accused of. I need to know what he is able to do so he is able to stay in the US and continue with his studies.

Mr. Lee answers:

The government is not yet involved as I understand from your question, and the actions that you describe appear to be that of the school. If the government becomes involved, it would typically issue a notice to appear for an immigration hearing. At the hearing, your friend would be able to raise any defenses for his ability to remain in the country legally. For example, if another school accepted him, he might be able to maintain his legal status in that way. If there is an issue as to whether he is a drug dealer, it would be the burden of the government to prove that he was.

Q&A 4.

Appeal for Deportation

My brother pleaded guilty to "injury to a child" and was asked to be deported by ICE. An appeal was filed for him and the appeal is still pending. I-130 was also filed and it was approved. Does the approval of I-130 mean that he will not be deported? How long does it take for an appeal to be granted or rejected?

Mr. Lee answers:

Dependent upon the circumstances of the case, an I-130 approval may be the basis upon which to ask for a remand of the case to U.S.C.I.S. In order to have an idea, your brother should show his complete criminal case record file to an immigration attorney for an evaluation. The timing of an appeal at the Board of Immigration Appeals can take anywhere from 6 months to years depending upon the complexity of the matter.

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.