Ask the Lawyer

Q.  I met the April 30, 2001 deadline but my application package was returned because I used an old I-485 form. I have been to the interview 4 times and I passed in April, 2009. All this while, I was in removal proceedings due to entry without inspection. But this was due to a wrong advice an attorney gave me. I came with a visa but with a different name and Country. Now I am facing this issue of eligibility for adjustment of status. They did not process the I-130, & fingerprint forms that I had in the package. Now the receipt issued to me showed June 2001 as the filing date. The prosecutor said I did not file properly and now I am confused because I still have my I- 94 and I am now considering whether to tell the judge I have a visa and was inspected. Will that be the worse case scenario? Please help me. 

A.

 Thanks for your mail and congratulations on passing the I-130 interview after several attempts. Your case is currently on life support and you will need to do everything possible to keep it open. At the moment, the worst mistake you could make is to complicate your case by alleging to the court that you entered with another country’s passport in another person’s name. Instead of the one problem you currently face, you will be creating a second problem of fraud for yourself. The I-94 will not help you because you will not be able to prove to the court that you actually used that I-94 unless you had pictures taken on the plane and upon arrival at the airport to show that you actually arrived on the subject date. If you go this route, you will need waiver and it is not easy to get one. It is not wise to change the story now either. Keep the case open for as long as possible or apply for another relief to hold the file with the hope that Congress will pass the Comprehensive Immigration Reform bill very soon. Good luck.

  Hope Never Fails; Apply for TPS Now  

Q. Hello,  I have been in America since the age of 3. I am originally from Haiti. I came here on a visa with my parents and overstayed. I am now 28 and have never been able to adjust my status to permanent resident. My mom has not been able to adjust hers either. I completed all my schooling in America. I have a Registered Nurse College degree. I passed the license examination 6 years ago in flying colors but was denied the actual license since I am not a legal residence who can work in the United States. By the grace of God I do have a social Security number. I would like to know, what are my options of legalizing my status?  I have been trying to find ways for many years but it seems as if my options are limited. I am praying that the Comprehensive Immigration Reform bill will be passed.  A.   

The best thing that could happen to any immigrant is to get sound education in America. Congratulations on your nursing degree. At the moment if you entered the U.S. with a visa, you are eligible to apply for adjustment of status to obtain your permanent resident card through marriage. It appears that marriage is the only possible route now. But in the meantime since you are from Haiti, I will advise you to apply for the temporary protected status (TPS). The employment authorization card issued to you will be valid for 18 months. Once you get the employment authorization card, please contact the licensing board to obtain your license and begin to work as a nurse. Hopefully before the 18 months run out, there will be the Comprehensive Immigration Reform to solve your problem permanently. If you need further assistance, feel free to contact me at 718-647-6767.

 You Will Win, If your Case is Well Documented Q.  Dear Mr. Famuyide,    I am a Ghanaian by birth and have recently re-located from Michigan to Texas. I have my case as well transferred from the Detroit Office in Michigan to Dallas, Texas.  I was granted a two year conditional status green card in 2004. Unfortunately, my wife was the petitioner and she filled for divorce too which was finalized in 2006. Therefore, I filled for the removal of the condition by myself in May 2006, 90days prior to the 2nd anniversary of my obtaining the green card. I was interviewed in February 2009 in the Detroit Office, Michigan. It was video taped according to the officer who interviewed me. All the while, I have been renewing my I-551 by booking info-pass. In 2009, I filled for N-400; my fingerprint was taken and I was invited for an interview in the Dallas Office. During this interview, the officer once again grilled me on my I-551 combining it with the N-400 questions. She actually set aside the Naturalization interview, adding that the condition on my green card has not yet being removed and that the Detroit office refused to do so. A week after this interview, I had a letter from them with the caption “NOTICE OF INTENT TO TERMINATE CONDITIONAL RESIDENCE" of which they want my response within 30days. The problem is that the authorities are disputing my divorce papers from Ghana even though; I went further to the Ministry of Foreign Affairs and Regional Integration in Ghana to obtain a letter which I attached to it. I have learnt that my ex-wife went to report to them before our divorce that she suspects I am still married to my ex-wife in Ghana because I send money to her. I will need your assistance to fight this case before removal proceedings are initiated.  A.  Unfortunately, many immigrants go through similar agony everyday from the hands of estranged wives and husbands. The only way to overcome such allegation is to provide clear and convincing evidence that your marriage was entered into in good faith and not for the purpose of obtaining immigration benefits. It appears you now have two problems. The first is whether or not your marriage was bona fide; the other is whether or not you properly divorced your ex-wife in Ghana. Adequate documentation will solve the first problem. The second problem could lead to an investigation in Ghana as to whether or not you are still parading yourself as the husband of your ex-wife. Since you were given 30days to respond, please send copy of the notice of intent to my office to enable me review it.