Published on Lawyers.com and the Epoch Times on February 7, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
What Could Happen to an Asylum Seeker If His Case is Pending at the Court and the Immigration Reform Bill Gets Passed?
Case pending with the immigration judge for the individual hearing and hoping to be able to avoid going to the final hearing if an immigration reform bill gets passed this year.
Mr. Lee answers:
Assuming that an immigration reform bill is passed which would cover the asylum seeker, that individual would most likely benefit by having U.S.C.I.S. adjudicate his or her legalization application instead of the immigration court. Such likelihood is based upon observation of responsibilities in past legalizations.
Q&A 2.
Will I be Able to Fly In and Out the US Because I Have Been Arrested and I Have A Court Date to Appear for Driving With a Suspended License?
Mr. Lee answers:
If you are legally in the country, you should be able to travel if the arrest is your only concern. An arrest for driving with a suspended license would not make you excludable or removable.
Q&A 3.
My Trial is Set For January, Can I Get Deported Before Then?
I am being charged with prescription forgery and my trial is set for January. I was advised by an INS atty. that I can get picked up anytime by INS and be deported, BTW he wants 7,500.00, also I've had my green card for over 20 years.
Mr. Lee answers:
If you have not had prior convictions, you cannot be deported if you have the green card unless you are first criminally convicted or plead guilty, and then go to the immigration court and are ordered removed by an immigration judge. If you lose your case before the immigration court, you have the right to appeal before the Board of Immigration Appeals. During all this period of time, you may be picked up by ICE and detained, but would not be able to be deported unless under the above circumstances except if you waive your rights and agree to removal.
Q&A 4.
Immigration
I’m an overstayed tourist here in united states and my parents recently became citizens, I was wondering if they can petition me regardless of my status?
Mr. Lee answers:
Your parents are able to petition for you as they are now citizens. If you are under the age of 21, they will be able to file for you under the immediate relative category and you should be able to adjust your status within 4 – 8 months to permanent residence if everything goes well. If you are over the age of 21 and either single or married, you face two hurdles: there is a backlog on visa availability if you are single which is approximately 7 years, and if married 10 years. Also you would find it difficult if not impossible under current law to adjust your status to permanent residence in the United States because of your overstay. Of course, the law is expected to change by the time that an immigrant visa becomes available to you under the latter 2 categories.
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