Published on the World Journal Weekly on December 13, 2015

Q&A 1.

Couple Plus Son Immigrated, the 2 Daughters Were Never Given Fee Bills - How to Get Them Here?

I and my husband were petitioned for by my brother and we have a family of 5, but only me, husband and son were allowed to interview. The 2 girls were never given fee bills. We have already come to the U.S. How can we get our daughters here?

Mr. Lee answers:

Usually the reason for which children are not included is that they are over the age of 21 at the time of the interview, and are not benefited by the Child Status Protection Act (CSPA). If such is the case, you would must likely want to file I-130 relative petitions on their behalf immediately if you have not already done so. On the other hand, if the 2 daughters are not aged out, the principal alien or representative can contact the American consulate or embassy which issued the immigrant visas and attempt to begin processing of the 2 daughters. I do not know the reason for which the 2 daughters were left behind, but if there is a queston of adequate financial support, that question may again arise when they are interviewed for the immigrant visas.

Q&A 2.

Outside the U.S., How Can I Get My Deportation Order Removed and Clear My Record?

4 years ago, I decided to go back to my home country after staying in the U.S. for 12 years. I paid my taxes and had no arrests during the time that I was there. I did not even know that I was supposed to go to immigration court in 2007 - otherwise I would have gone. I found out recently that the order of the judge was done because I didn't show up. How was I supposed to show up if I did not even know that I had my court date? What can I do to clear my name and get my deportation order removed?

Mr. Lee answers:

Most federal circuit courts that have decided on the question of whether someone can reopen his or her case after leaving the U.S. have come down on the side of the alien that a motion to reopen or reconsider is allowed. However, you must have grounds to reopen the case and just asserting that you were never informed of the judgment of deportation in 2007 is not sufficient to reopen, especially as ICE had to convince an immigration jusge that you had been served properly with a notice to appear in the immigration court. You may wish to obtain a copy of your immigration file through the freedom of information act to see how service of the court papers was effected, or you may even wish an immigraton lawyer to obtain the file for you. Only in such fashion can you begin proceedings to have the order removed.

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.