Chat With US Immigration Attorney Nadine Brown 05/28/2008

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/200

Evanovitch,

Who knew you had all the answers...where do we send payment...oh, wait, do you have a law license! bwoy yu a tru Jamaican...always a beg money!...it costs nothing to contact your congressman's office...every constituent (person) has that ability...the congressman's office just makes inquiries...they, in some cases, can try to expedite a case if there are special circumstances, but they have limited power in most cases.

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/2008

Hello Bizi,

If someone overstays a visitor's visa, they can be placed in removal proceedings, brought before a judge and ordered removed (deported) from the US. Also, if you overstay...changing status is hard unless you have US citizen parents, spouse or a adult child to sponsor you.

Sponsoring a parent if you are a US citizen will take about the same time as sponsoring a spouse or child...about 6 months to a year...filing all paperwork at the same time, then fingerprint notices, then employment authorization approval, then interview...start to finish depending on location 6 mo. to 1 year.

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/2008

If you are filing for a spouse and you are a US citizen and the spouse is in Jamaica, then you can file one petition for all if the childre are under TWENTY-ONE (21). If they are here in the US, then you do separate petitions for everyone...

[kia027]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/200

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NBrown</div><div class="ubbcode-body">Hello All, and Kia,

Sorry for the delay...it's a busy day...the certificate of citizenship usually takes about one year processing time...it has the lowest priority for processing in local cases. The fee increase and flood of applications does affect the processing times, but US CIS is working diligently to get cases through the system. If the child has a US passport or you have already applied for one, a Certificate of Citizenship is not necessary, but for show it is good to have one. The passport application fee is definitely cheaper and you can get the passport within 6 to 8 weeks as opposed to waiting a year or more.

thanks for your question! </div></div>

Thank you very much Ms Brown! Yes we have the US passport (as a matter of fact it is coming up for renewal later this year)

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/200

Hello Skelly,

This is complicated, but not that much so. Winston is supposed to make sure that ICE has his correct mailing address. But nevertheless if he gave them the new one and they failed to notice him of the hearing, thus he got an in abstentia order of removal. He can only submit a motion to reopen for failure to get notice. Every alien has the responsibility to complete an AR-11 notice of address change when moving especially if they had a pending case with US CIS or Winston shoudl have submitted a notice of withdrawing his application. He probably didn't do that and just let his employment card lapse.

Anyway, he can submit a motion to reopen his case, but must do it as soon as possible. Problem is that Donna is not yet a citizen. When she becomes a citizen then he can submit the Motion to Reopen with I-130 form or copy of receipt and request adjustment of status. It is not easy as he will have to prove a bona fide relationship with Donna and get the I-130 approved FIRST before they will let him adjust. They will have to do this all through the Immigration Court. They need a good Immigration attorney familiar with court procedures and worse case scenario, Winston may have to return to Jamaica and try to re-enter with an Immigrant visa and hardship waiver application.

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/2008

Bizi,

I guess you are busy and have tons of questions...thanks for keeping the discussion going... if the &quot;girl&quot; is married to a US citizen and she overstayed her visitor's visa, then regardless of how long the entry permit has been expired she can apply for adjustmnent of status without leaving the US...if however, husband, is only a Permanent Resident, then problem...and she cannot get her green card right away and may have leave US, thus complicating matters...I would not recommend she leave but that husband apply and become US citizen!

[julie*mango]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/200

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NBrown</div><div class="ubbcode-body">Hello Skelly,

This is complicated, but not that much so. Winston is supposed to make sure that ICE has his correct mailing address. But nevertheless if he gave them the new one and they failed to notice him of the hearing, thus he got an in abstentia order of removal. He can only submit a motion to reopen for failure to get notice. Every alien has the responsibility to complete an AR-11 notice of address change when moving especially if they had a pending case with US CIS or Winston shoudl have submitted a notice of withdrawing his application. He probably didn't do that and just let his employment card lapse.

Anyway, he can submit a motion to reopen his case, but must do it as soon as possible. Problem is that Donna is not yet a citizen. When she becomes a citizen then he can submit the Motion to Reopen with I-130 form or copy of receipt and request adjustment of status. It is not easy as he will have to prove a bona fide relationship with Donna and get the I-130 approved FIRST before they will let him adjust. They will have to do this all through the Immigration Court. They need a good Immigration attorney familiar with court procedures and worse case scenario, Winston may have to return to Jamaica and try to re-enter with an Immigrant visa and hardship waiver application. </div></div>

Thanks Miss Brown! I will share this with them.

[seemiyah]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/200

Miss Brown (if you are still here) my cousin went back to JA to take care of her mother, she has a green card but it has been 7 years now since she left the states and she is afraid to travel on it since she figures the system will show she has been out of the country that long, (its one of those that don't expire) is there a problem with her getting back to the US since she has been gone so long?

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/200

Seemiyah,

Your sister has every right to be scared. No one knows what will happen when she tries to re-enter. If she has an old edition Green Card with no expiration date, then they may allow her in and tell her she needs to renew the card but should not travel on it again. They may interrogate her or she may just get a nod through. It is hard to say what will happen. It depends on how she got the Green Card in the first place. She may want someone to sponsor her again. She may also try to reclaim residency through the US Embassy with a special immigrant visa, if she can show she did not abandon her residence in the US...but it will be difficult if she has not filed taxes in US or worked here in last 7 years...she may be stuck, but she can always try re-entering on the old card, then staying here for at least 7 years before going anywhere except traveling in the US...It depends on if she wants to risk it...the worst that could happen is that she will be told no and turned back to Jamaica, which is where she started.

[Bizzy]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/200

Lawx, I forgot about this. Cho

[Bizzy]

Re: Chat With US Immigration Attorney Nadine Brown 05/28/2008

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NBrown</div><div class="ubbcode-body">Hello Bizi,

If someone overstays a visitor's visa, they can be placed in removal proceedings, brought before a judge and ordered removed (deported) from the US. Also, if you overstay...changing status is hard unless you have US citizen parents, spouse or a adult child to sponsor you.

</div></div>Their dad is a US citizen. Now let's say the person did not know they overstayed, left the US and upon return to US, they were detained overnight, US visas stamped as 'cancelled' in their passport and sent back on the next flight to Jamaica. What issues will they have when their parent decides to file for them? The person is turning 21 years old in September.