Published on Lawyers.com and the Epoch Times on February 20, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
What Are the Risks to Re-enter the US With An Advance Parole?
Came to the US on a fiancée visa and married to an American citizen within the 90 days; doing absolutely everything legal. I am still pending for my I-485 and I would like to go home for 2 weeks as one of my family members is scheduled for a surgery. My husband will not join me for this trip. I just had my advance parole approved. What are the risks attached to re-entering the US with an advance parole?
Mr. Lee answers:
There do not appear to be any outstanding risks attached to utilizing an advance parole for which you have already received permission under the circumstances of your case. It appears that your advance parole was legally obtained; that the period of time outside the US is highly acceptable; and that your husband is not required to join you on the trip.
Q&A 2.
Over Stayed in the United States Need Some Help
My husband is from Canada. He is a born Canadian Citizen. I am a born American Citizen. We got married in NYC in February 2013. He has been here since December 2012 and has over stayed in the United States. I could not afford to file his adjustment of status until now June 2014 but before I do I would like to know if they will reject his application because he has over stayed? And is there any way to avoid rejection? For example a provisional waiver? I want him to stay with me because I love him very much and I do not want them to bar him from the country.
Mr. Lee answers:
Overstay is not a bar where a US citizen is petitioning for his or her spouse. A potential issue for your Canadian husband may be whether he is able to prove that he entered the country legally. He can check his passport to see whether an entry stamp was placed in it when he entered in December 2012. Failing that, he should try to give as much proof that he entered legally at that time including a letter of explanation and documentation that would tend to support his statement of how he entered.
Q&A 3.
My Mexican Husband Got Caught Trying to Enter USA Illegally and Deported 8 Years Ago
He tried to get tourist visa and needs a pardon. I am British and studying in USA. My husband went to embassy to get tourist visa to visit me and they told him he needs to get a pardon by using a lawyer. How does he start this? How long will it take?
Mr. Lee answers:
Following his refusal for a tourist visa at the American Embassy, his attorney can request temporary permission for him to enter the US according to whichever form or other method is acceptable to the embassy. Such would usually be done on form I – 212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If the Embassy concurs, it would then recommend favorable action to the Admissibility Review Office of DHS which would then decide whether to grant permission or not. Some of the factors that it takes into account are the purpose of the visit, consequences if permission is not granted, and whether a grant would violate national interest or public safety.
Q&A 4.
Can My Brother Sponsor My Wife?
I filled I-130 for my wife and we are in the affidavit of support stage. Can my brother sponsor her?
Mr. Lee answers:
As long as your brother has the financial wherewithal and is either a permanent resident or U.S. citizen. He can act as the joint sponsor on form I-864 affidavit of support. You of course are the primary sponsor and are also obligated to submit form I-864, but your brother can submit a separate one to ensure that your wife will not become a public charge.
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