Published on the World Journal Weekly on November 16, 2014

Q & A 1. 2.

Q&A 1.

Has Green Card, but Also Has Another File with Immigration Under Another Name and Birth Date - What Happens If Reader Travels or Applies for Citizenship?

A greem card holder asks:

I got my green card 5 years ago through adjustment of status and want to travel to my home country, but the problem is that a long time ago I applied for political asylum and was fingerprinted. I know I have another file, but do not know what happened to the case since I think I used a different name and birthdate. What are my risks if I travel or apply for citizenship?

Dear reader:

 If you travel or you apply for some other benefit like naturalization and the same fingerprints come up under a different date of birth and name, there is a good chance that your green card will be at risk, and that you will face removal proceedings in an immigration court.  If the immigration judge finds that you committed fraud/misrepresentation, you might be able to apply for a waiver of the fraud depending upon whether you were previously in removal proceedings on your asylum claim and whether you have a U.S. citizen or lawful permanent resident spouse or parent who would suffer extreme hardship if you had to depart the United States. If you have a final order of removal from the asylum application, the Department of Homeland Security (DHS) attorney would likely move to have it reinstated, in which case the judge would terminate the removal proceedings and you would probably be summarily removed.  If not previously in removal proceedings, eligibility standards for an I-601 waiver of grounds of excludability is based upon extreme hardship to one of the qualifying relatives described above.  Of course, the final granting of a waiver assuming extreme hardship is found lies within the discretion of the immigration judge.  

Q&A 2.

Can Parents Immigrate When Child Becomes a U. S. Citizen Where Parents Have Deportation Records?

A U.S. citizen asks:

I just became a U. S. citizen (22 years old) and wonder if I can apply for my parents through an I-130 petition form. My parents have the deportation record.

Dear reader:

An I-130 petition is a preliminary petition establishing a priority date, the fact that you are a U.S. citizen, and that the people for whom you are applying are your parents.  An I-130 petition does not confer status.  That is done during an application for adjustment of status in the States (Form I-485) if they are still here, or an application for immigrant visa processing overseas if they are not (Form DS-260).  It is possible for you to petition on form I-130 for your parents and have the petitions (one for each parent) approved as the I-130 is only a preliminary petition.  Because your parents had previous deportation records, they would normally have to move the immigration court or Board of Immigration Appeals (dependent upon which one has jurisdiction) to have their cases reopened prior to be able to apply for adjustment of status if they are here in the States.  If they already returned overseas, they are barred from returning for 10 years from the date that they left the U.S. unless they qualify for waivers of 1.) deportation and 2.) illegal stay in the States.  The illegal stay waiver is only available if your parents have U.S. citizen or lawful permanent resident parents who would suffer extreme hardship if they could not return to the U.S.  I suggest that you and/or your parents consult with an experienced immigration lawyer. 

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.