Can This Illegitimate Child Petition for Father? I am of Indian Nationality. I fathered a child in the USA in 1984. She is a US Citizen. I did not marry the mother and went back to live in India. I am listed on the birth certificate as the child’s father and my daughter has always known who her father is. …
October 4, 2010: Reopening a Deportation Case
Reopening a Deportation Case If someone is deported can he or she file to reopen their removal case in the US?— Anonymous Whether a case can be reopened depends on the facts and circumstances in your specific case. Before going forward, it is extremely important that an immigration attorney carefully review the Immigration Judge’s decision and the record of proceeding, …
Is This I-130 Petition Still Valid?
Is This I-130 Petition Still Valid? I have an approved petition filed on November 13, 1987 as an unmarried son over 21 years old filed by my mother who became a U.S. citizen in 1991. For whatever reason, she didn’t update my status when I got married in 1989. What happened to this petition? Is there any chance I can …
September 20, 2010: How Can This Family Bring Back Husband/Father After Removal?
How Can This Family Bring Back Husband/Father After Removal? My husband and I have been married for almost five years and have three kids. He was here illegal for 8 years. Eleven months ago he got stopped for speeding and was put in jail. They gave him voluntary departure and had to leave the U.S. in three months, which he …
September 13, 2010: Can This Person Adjust Without Cooperation of Spouse?
Can This Person Adjust Without Cooperation of Spouse? I am a F-1 student in Florida married to a U.S. citizen for a year now. I want to adjust my status, but I am unable to locate my wife. My question is can I go ahead and adjust my status without her on the grounds that I cannot find her or …
September 6, 2010: Does This Child Derive Citizenship?
Does This Child Derive Citizenship? Is it possible to challenge the USCIS on the issue of automatic citizenship if the child has his 18th birthday in January and his mom received citizenship in December of the same year?— Anonymous It is always possible to challenge the United States Citizenship and Immigration Service (USCIS) if there is a legal and factual …
August 30, 2010: Naturalization for an LPR Living Abroad
Naturalization for an LPR Residing Abroad I am a US citizen working abroad and my wife is a Green Card holder since 2007. My wife visits the US every 5 months for about 20 days each trip. She has maintained her residency status but total days lived in the US is around 120 days in three years. Is this a …
August 23, 2010: Naturalization and the Disability Exception
Naturalization and the Disability Exception My mother is 60 years old. She has been a legal resident for 5 years. She took the citizenship test twice and failed. She only speaks her native language and has a medical problem. She cannot remember and keep any thoughts in her mind. I think a doctor’s statement about her condition was provided with …
August 16, 2010: Document Verification in Asylum Cases
Document Verification in Asylum Cases I went for an asylum interview and the officer retained my originals. Why? What is she going to do? Is she going to contact my country’s embassy for verification? What are the consequences of a verification failure?— Anonymous Generally, the authenticity of documentation is critical in asylum claims. In many instances, the documentation is evaluated …
August 9, 2010: Vacation of Plea Under Padilla v. Kentucky
Vacation of Plea Under Padilla v. Kentucky If one pleads guilty to drug possession and is in ICE custody can they reopen their case under Padilla vs Kentucky?— Anonymous It appears that you are referring to a Motion to Vacate based on the Supreme Court Decision in Padilla v. Kentucky. Generally speaking, a Padilla motion is a request to a …