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how could they take his green card away??????? are they allowed to do this?

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  • how could they take his green card away??????? are they allowed to do this?

    i'VE POSTED A FEW QUESTIONS BEFORE, and the more i'm getting frustrated with things the more anxiety i have. :-( Now i've been thinking...my boyfriend was 3 years old when came to the USA and went to school in La. had the green card. at the age of 20 he went hom to Europe decided to finally meet his Mom, long story short, when he came back to the US his green card was taken away since he came back after 5 years, (stayed too long, they said...) so they took his greencard away saying that he should have come back like 1 year or 6 months after he left. Now his father lives here and half of his family and through a lwayer hi is trying to get his papers back. MY QUESTION IS: Is there a shorter way to get his green card back, it's been going on for 3 years now, he is waiting for some priority date. and did they really have the right to take his greencard away????????????? Would there be other options to solve this??????????// thanks sooooooooooooo much whoever answers!!!

  • #2
    i'VE POSTED A FEW QUESTIONS BEFORE, and the more i'm getting frustrated with things the more anxiety i have. :-( Now i've been thinking...my boyfriend was 3 years old when came to the USA and went to school in La. had the green card. at the age of 20 he went hom to Europe decided to finally meet his Mom, long story short, when he came back to the US his green card was taken away since he came back after 5 years, (stayed too long, they said...) so they took his greencard away saying that he should have come back like 1 year or 6 months after he left. Now his father lives here and half of his family and through a lwayer hi is trying to get his papers back. MY QUESTION IS: Is there a shorter way to get his green card back, it's been going on for 3 years now, he is waiting for some priority date. and did they really have the right to take his greencard away????????????? Would there be other options to solve this??????????// thanks sooooooooooooo much whoever answers!!!

    Comment


    • #3
      Hi Csunkala,

      green card means that alien is allowed to reside in the US because he/she has a valid reason (family, employment...). One has no right to green card if one does not reside in the US ( to put it simple) - that's why your boyfriend had to return his GC. And yes, they did have a right to take away his GC.
      Now, you boyfriend still has family conections in the US, so he can apply again. If an USC applys on behalf of unmarried son/daughter, it takes about 5 years to receive GC.
      So, hopefully, in about 2 years your boyfriend will become a GC holder again. Marrying him at that point, wan't help your situation at all ( current illegal presence, correct?).
      - if your now boyfriend and future spouse petitions for you while he is GC holder, you'll have to wait about 5 more years before there will be an immigrant visa number available to you. Warning: spouses of the GC holders cannot adjust status in the US if they are not legaly present ( overstay ). They have to go through consular processing at their home country.
      - for USCIS to "forgive" your overstay (I assume you entered with visa), a spouse who petitions for you has to be USC. You boyfriend will be eligable for naturalization after 5 years from receiving GC.

      In any case, you are looking in about 7 more years before you'll be able to get GC.

      Comment


      • #4
        Am I correct in believing that your boyfriend is currently in the United States? If so, does he have legal non-immigrant status?

        It is my understanding that if he is the unmarried son, over age 21, of a U.S. citizen, then he will have to maintain legal presence in order to qualify for adjustment of status. If your boyfriend does not maintain legal status, then he will most likely need to obtain an immigrant visa through Consular processing, at which point he will be inadmissible due to prior illegal presence.

        Comment


        • #5
          THANKS SUNDEVIL..........
          Yes, he is here in the US pays taxes as a self employed and waiting for his petition date to arrive. After he left for soooo long he got a visa to enter but the visa was good only for a few weeks so he overstayed taht was the only way he could stay so now he contacted his father and doing this whole process from here and waiting for the petition date . I don't really know what " legal non immigrant status mean" he is here with an overstayed visa with original SSN and paying taxes and waiting patiently, im the one who is getting out of patient..........:-( please reply

          Comment


          • #6
            If he has overstayed his visa, then he is illegal. He will be ineligible to adjust status in America, and will have to return to his home country for his immigrant visa.

            Given that he has remained in America illegally and has been working without authorization, then he will be found inadmissible and his immigration visa will be denied.

            Comment


            • #7
              Did he receive his GC before he was 14? There is some rule that if you receive your GC before you are 14 and you leave after that without knowing you have status or because of your parents move, you can have the card reinstated. What year was the GC issued? Did he have a residence here? I am looking for the rule.

              Comment


              • #8
                Just curious:

                How did he re-enter US after loosing GC?
                Under what category/visa/status?

                Date of re-enter? (Month/Year)

                When did his I-94 expire? (Month/Year)

                When was petition filed(Month/Year), what kind of petition? ("I-130 unmarried adult son" or else?)

                -------------------

                SunDevil,

                there are some exceptions/waivers to the 3/10 yr bars of admission:


                "There are a limited numbers of exceptions to the entitlement bars:

                1. Minors - No period of time in the U.S. accrued by a minor under 18 years of age may be taken into account in determining unlawful presence for purposes of the entitlement bars.

                2. Asylees - No period of time in which a person has a "bona fide" request for asylum pending is considered unlawful presence unless the person has been working without authorization.

                3. Family Unity - The Immigration Act of 1990 established a Family Unity program for a certain spouses and children of aliens granted amnesty in the U.S. Registration under the Family Unity program permits these spouses and children to live and work in the U.S. until they obtain permanent residence status. Such individuals are not deemed to be unlawfully present in the U.S.

                4. Battered Women and Children - Certain battered women and children are exempt from the entitlement bars. "


                WAIVERS:

                Finally, the law allows the Attorney General (in reality, the INS) the sole discretion to grant waivers of the entitlement bars to spouses, sons and daughters of U.S. citizens or permanent residents if the bar would work an "extreme hardship" on the citizen or permanent resident relative. The hardship to the alien is not a consideration.

                The law provides that the decision of the Attorney General may not be overturned by the courts".

                SOURCE: http://shusterman.com/entitle.html

                Comment


                • #9
                  ImmortalE:
                  # 3 Registration under the Family Unity Program permits these spouses and childern to live and work in US until they obtain permanent residence status.
                  Will you please explain what Forms they will have to file with the uscis. if I-130 was file in Dec.2000, child over 21 is in legal status as F-1 do you think that parents can file while they are waiting for Citizenship Interview?
                  Appreciate your response.

                  Comment


                  • #10
                    In the context of my reply to SunDevil I wanted to remind him that there are exceptions to 3/10 year entitlement bars.

                    Case you refer to (child LEGALLY present as F-1) is different.
                    Just tell his parents to make sure that he maintains his legal status so later he can adjust without further complications.

                    Good luck!

                    Comment


                    • #11
                      To eliminate any confusion, here is the text of law related to #3 cathegory, dastur.
                      As you see it applies to "legalised(granted Amnety) aliens" per Sections 210, 245A and 202(IRCA1986).

                      SEC. 301. FAMILY UNITY.*

                      (a) TEMPORARY STAY OF DEPORTATION AND WORK AUTHORIZATION FOR CERTAIN ELIGIBLE IMMIGRANTS- The Attorney General shall provide that in the case of an alien who is an eligible immigrant (as defined in subsection (b)(1)) as of May 5, 1988, who has entered the United States before such date, who resided in the United States on such date, and who is not lawfully admitted for permanent residence, the alien--

                      (1) may not be deported or otherwise required to depart from the United States on a ground specified in paragraph (1), (2), (5), (9), or (12) of section 241(a) of the Immigration and Nationality Act (other than so much of section 241(a)(1) of such Act as relates to a ground of exclusion described in paragraph (9), (10), (23), (27), (28), (29), or (33) of section 212(a) of such Act), and

                      (2) shall be granted authorization to engage in employment in the United States and be provided an `employment authorized' endorsement or other appropriate work permit.

                      (b) ELIGIBLE IMMIGRANT AND LEGALIZED ALIEN DEFINED- In this section:

                      (1) The term `eligible immigrant' means a qualified immigrant who is the spouse or unmarried child of a legalized alien.

                      (2) The term `legalized alien' means an alien lawfully admitted for temporary or permanent residence who was provided--

                      (A) temporary or permanent residence status under section 210 of the Immigration and Nationality Act,

                      (B) temporary or permanent residence status under section 245A of the Immigration and Nationality Act, or

                      (C) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986.
                      ________________________________________________

                      * For Full text go here:
                      http://thomas.loc.gov/home/c101query.html

                      For word/phrase enter "Immigration Act of 1990"
                      Check "Enrolled Bills Sent to the President" and
                      "Both House and Senate"; then click "search".

                      You should see then full text of
                      "S.358
                      Immigration Act of 1990 (Enrolled as Agreed to or Passed by Both House and Senate)"

                      Comment


                      • #12
                        Of course, one could always join the military. Did he sign up for selective service as all HS grads are supposed to - The military is kinda like marriage.

                        Comment

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