Q & A June 29, 2003
Q & A 1
Dear Mr. Lee:
I sneaked into the U.S. from Mexico in 1993, and was caught by
the INS. Later, I was bailed out by an attorney, and got an ďAĒ
number and a C-8 card, which was valid for one year. The INS in
California arranged a court date for me. As I was only 16 years
of age at the time, and didnít know anything about the immigration
law, I didnít go to the court. For some reason, I went to New York
afterwards, and petitioned for political asylum there. I applied
a second ďAĒ number also. Before the court date came, the attorney
who represented me moved to somewhere far away, so he didnít deal
with my case anymore and returned all the asylum documents to me.
I couldnít find an appropriate attorney within a short time; therefore,
I didnít go to the court this time either.
Recently, I have a girlfriend who is a U.S. citizen, and we will
be married in the near future.
1. At this moment, could my fiancée be able to petition for
me, so I can adjust the status?
2. If so, what procedures should I follow?
In order for you to determine whether your future wife will be
able to petition for you, you and your attorney must understand
everything that happened to you in your prior case. You and your
attorney should obtain a complete copy of your record from the immigration
court and the immigration service in order for your attorney to
make an informed judgment as to the next steps be taken in your
case. From your letter, it appears that there are questions concerning
whether you were previously ordered excluded, deported, or removed,
and whether there is a basis for you to adjust status as it appears
that you illegally entered the U.S.