Published on Lawyers.com and the Epoch Times on May 5, 2017
Q & A.
Is It Possible for Someone to Get Their Green Card Early?
For example, Tom's mother has petitioned years ago for her children to become permanent resident of the USA. Tom has heard of a new immigration law which allows persons using a visitor's visa to travel to the US, consult a lawyer, pay $4000 and their plea for a green card will be fought in court. Tom is told that this process will take 6 months the most. My question to you is 'is this true?', 'Does this law exist?', 'Will I really get my green card if I do what Tom did?', 'Is this legal?'
Mr. Lee answers:
There is no new immigration law that I am aware of allowing children who have been petitioned for to jump the line on their immigration based upon being in the US and paying money for the green card to be fought over in court.
Can My Husband Become a Resident? I Am a U.S. Citizen But He Has Dream Act
Mr. Lee answers:
If your husband entered the US legally, and has no other disabilities or grounds of inadmissability, he should be able to adjust status to permanent residence upon your sponsoring him. If entering illegally and he is not under proceedings with DHS and manages to leave the US under advance parole, he may be seen as having been inspected and paroled into the US upon his return and may be able to adjust status to permanent residence. Otherwise he might be able to apply for permanent residence under the I-601A program under which you would file the I-130 petition for alien relative, have it approved, and he would then file for a waiver of the 10 year bar on form I-601A for being in the country illegally for one year, wait for its result, and if approved, go overseas for an immigrant visa interview in his home country. Adjudication of the waiver would depend upon his ability to establish that you would suffer extreme hardship if he was refused a waiver.
How to Expedite Visa for Unmarried Child?
The unmarried child is 29 yrs old. Petitioned in 2011 by green card holder parent.
Mr. Lee answers:
There is no way to expedite an immigrant visa for an unmarried child over the age of 21. The backlog is approximately 6-8 years from the date of filing. The child and parents must be patient unless the child has another way to immigrate.
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