Q & A July 20, 2003
Q & A 1
Dear World Journal
Immigration Mailbox
I came to the
U.S. in 1978. My wife worked in the U.N., so I stayed in the U.S.
with the status of a U.N. employee’s spouse. Our son was born in
New York, and now is 22 years of age. Now my wife will probably
be laid off or retired in advance.
Question:
- Can our son
petition for both of us, even though he doesn’t have a full-time
job?
- Because of
the crime of fraud, I was ordered to go to jail for two years
in Hong Kong in 1976, and was released in 1977. Can I apply for
a waiver of my crime record? How so if my son applies the Green
Card for me?
- I have resided
in New York for the past 25 years, except for several years when
I was transferred to work in China. Will it affect my Green Card
application?
- How can my
son process the petitions for my wife and me now? We both live
in New York.
Chen
New York
Dear reader:
- Your son who
is a U.S. citizen 22 years of age can petition for you even though
he does not have a full-time job so long as you and your wife
have a co-sponsor available who is capable and willing to give
binding I-864 affidavits of support for both of you.
- If you were
convicted of fraud and such fraud involved the loss of $10,000,
you would be ineligible for permanent residence as having committed
an aggravated felony. There is no waiver for an aggravated felony.
In the event that the amount was less, you might be eligible for
a waiver, but such would involve proving extreme hardship to the
your son if you were barred from the U.S.. Even if you meet the
extreme hardship standard, the BCIS has discretion as to whether
the waiver should be granted.
- Individuals
who have resided in the U.S. for long periods of time without
significant break in the residence may be eligible for relief
before an immigration court. Such relief for them (cancellation
of removal) depends upon the degree of hardship that U.S. citizen
or permanent resident spouses, parents or children (unmarried
and under the age of 21) would suffer upon the alien's being barred
from the U.S.. The standard is exceptional and extremely unusual
hardship. Such residence periods would only come into play for
you if your fraud crime was not an aggravated felony, and if the
BCIS was to deny your adjustment of status application in the
exercise of discretion because of the crime. In addition, you
would have to possess the qualifying relation with a U.S. citizen
or permanent resident to establish basic eligibility.
- Your son and
you can submit 1-130 (petition for alien relative) and I-485 (adjustment
of status application) packages to the BCIS district office in
Manhattan for you and your wife. You can but do not have to submit
a waiver application with the I-130/I-485 package. At the time
of interview or if requested by mail by the BCIS, you can send
in the waiver application so long as the fraud was not an aggravated
felony.
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