File with your Green Card
and Your Husband will get His Green Card in Six Months

Q. Hello Sir,

My Uncle told me about you that
you are an immigration Lawyer in the USA. I have been in here for over 3
years and my citizenship is due in 2011. My problem is that I have not been
able to get my husband into the US
to live with me. He tried visiting VISA last year but he was denied because he
told them I am his wife and I reside in the U.S. as a permanent resident alien.
I am afraid of filing for him as a green card holder because they said it will
take a long time. How can you help me to get my husband here Sir? Do you have
any advice for me? I will appreciate your help. Thanks and may God bless you.

A.

Let me say that you are the
luckiest person in the whole world now. Something happened to the monthly visa
bulletin especially family based category 2A which your spouse belong to. If
you file with your green card for your husband now, it will be his turn to
obtain his immigrant visa at the U.S. Embassy in your home country within six
months from the date of filing. It is always important to consult with an
immigration attorney rather than take advice from the street because
immigration law changes daily. Some years ago, if you file with green card for
a spouse or an unmarried child under the age of 21, it will take 5years before
the priority date would be ripe for interview. Many people in immigrant
communities know this fact, so they turned themselves into immigration lawyers
discouraging others from filing. Go ahead and file now and your husband will be
here in about 6months. The good news about your case is that your husband told
the truth at the non-immigrant visa interview about your marriage. Now that you
are going to file for him, they will review the record of the interview to make
sure he did not commit fraud at the old interview. My office could help you. Please
act now.

You Need the Dream Act; Call your
Congressman to Support the Bill

Q. Good evening, I am a 25 year old
mother of one and need advice on some things. I came to this country at the age
of 9. I did not know anything about immigration till I asked the person who
brought me here. Anyway I got married to an American and had a son. I wanted to
file but I was scared to go along with it since I came here without my own
papers. My husband and I started having problems, he was hitting me and stuff
so I moved out with my son far away from him. We are still married and I was
wondering if there's a way around these issues that I can get my papers without
having return home. Please, I need help. Hope to hear from you soon. Thanks and
God bless you.

A. You definitely need the Dream Act. Recently another attempt
was made last month to pass the bill but it failed because of the coming
election. There are an estimated 700,000 immigrants in the U.S. who are in
your category. They were brought to the U.S. before the age of 16. They
were not part of the decision to come to the U.S., their parents made the
decision for them. Marriage cannot work for you now unless there is a change of
law. You will need Section 245(i) which allows the payment of $1000 penalty for
entering without inspection for marriage to work. Since you are still below the
age of 35, the easiest pathway for you would have been the Dream Act. You will
need to contact your Congressman and ask him to support the bill. The
requirements for the Dream Act are simple, the applicant would have to be between the ages of 12 and
35 at the time the law is enacted, must have arrived in the United States
before the age of 16, must have resided continuously in the United States for
at least five consecutive years since just arriving, must have graduated from a
U.S. high school or obtained a GED, and must be of "good moral
character." If the applicant meets these criteria, he or she could be
issued temporary residency status for a period of six years during which time
he or she would have to either attend college and earn at least a two-year
degree or serve in the U. S. military for two years. If the applicant fulfills
all these conditions by the end of the six-year period, he or she would be
granted Permanent Residency, which would open the door to U.S. citizenship.

You
Are Barred for Life Unless the Law Changes

Q.In 2004 I got married to a US citizen purposely to obtain
immigration benefits. We went for an interview which we clearly did not pass
and this raised a red flag for my case. I withdrew my application from the USCIS
and divorced. Later on, I got married again to another US citizen but
this time for genuine reasons. My wife filed the papers for my adjustment of
status. After two interviews, where they even separated and told us that they
have no doubt that our marriage is bona fide but they are after my first
marriage. Subsequently, they contacted my first wife and intimidated her where
she signed a sworn affidavit, confessing that I paid her money and that our
marriage was a fraud. After two or more years now fighting and appealing to the
USCIS, they have denied my case. I asked
for a voluntary departure (I was granted) and I am currently back to my home
country without my wife. My wife is presently working and living in the US and we are
just miserable without each other. We even tried a route of private bill but
without any luck. I am aware of my big mistake with my first marriage but at
that time I did not know better. Now, the biggest burden is on my wife, a U.S. citizen,
who got to be a victim of my errors and harsh immigration law. Can you please
help us with our case?

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