Published on Lawyers.com and the Epoch Times on April 6, 2018
Q & A.
Asylum Appeal Denied
I recently was denied an asylum appeal by the board of immigration and at the same my citizen sister applied for I 130 back in 2005 and was approved in 2009 but I am waiting for the visa number I am scared of being picked up anytime and deported.
Mr. Lee answers:
With a final order against you, you are barred for 10 years from the U. S. once you leave. You would not be allowed to adjust status under your sister’s petition when it becomes current for your 2005 dates as you have the final order of removal. Even without the final order, U.S.C.I.S. would not allow you to adjust status in most occasions unless you have the benefit of section 245(i), under which you would have had to file an immigration visa petition or labor certification by April 30, 2001 and be physically present in the country on December 21, 2000. You may have an opportunity to file for advance permission to return (I-212) & waiver of illegal stay (I-601A) while in the U.S., if you have a qualifying relative – USC or LPR parent or spouse who would suffer extreme hardship if you were permanently barred. Note, however, that the I-601A only waivers the ground of illegal stay and not other basis like crimes or fraud.
Consulate Interview
I'm a green card holder since 2015 and would like to know what is the process to bring my parents and brother to live in USA with me. My parents turn 65 yrs this year and my brother will turn 36. I'm single and they live in Mexico.
Mr. Lee answers:
You would have to be a U. S. citizen to assist your parents and your brother to permanently immigrate to the U. S. You would file I-130 petitions for alien relative for all of them at the Chicago lockbox of U.S.C.I.S. when you become a citizen. Based upon today’s situation, processing for your parents would take approximately one year and your brother 11-12 years. If your brother has alternate ways of immigration, he may wish to explore those in light of the long period of time that it will take him to immigrate.
How can I have my parents and sibling to come to USA?
I became a citizen but my parents and siblings had a case in 2010 which was refused? My siblings where under 18 so it was one case. Now I wonder if i can separate them and ine of them are married. Please if you can help me asap since they are in danger.
Mr. Lee answers:
The danger or risk of being refused again depends upon over the grounds of refusal in 2010. If the refusal was based on fraud or misrepresentation, that might be a cause of concern again. If the siblings were under 16 at the time of the refusal, they would most likely not be penalized by the sins of the parents. In order to file for parents and siblings, you would have to file separate petitions for all of them. The fact that one of your siblings is married has no effect upon a sibling petition.
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