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 “A” 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 didn’t know anything about the immigration law, I didn’t go to the court. For some reason, I went to New York afterwards, and petitioned for political asylum there. I applied a second “A” number also. Before the court date came, the attorney who represented me moved to somewhere far away, so he didn’t deal with my case anymore and returned all the asylum documents to me. I couldn’t find an appropriate attorney within a short time; therefore, I didn’t 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.

Questions:
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?

He
Illinois

Dear reader:

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.

Copyright © 2003 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.