Q: U.S. Citizenship and Immigration Providers accepted a inexperienced card petition for my sister within the class for brother and sisters of a U.S. citizen. Ought to she carry a replica of the approval discover along with her in case a border patrol officer questions her like what occurred to that girl on a Greyhound bus in Florida? My sister is right here unlawfully. Will having the approval discover forestall her arrest?
Title withheld, Queens
A: Have your sister carry a replica of the USCIS approval discover along with her, although it might not forestall her arrest by an immigration officer.
Nevertheless, it might enhance the possibilities that she’ll be launched pending a deportation listening to.
Previously, having an accepted household petition might need led an immigration inspector to cross on arresting an undocumented immigrant with out a legal file. That’s not that case.
Concerning the incident in Ft. Lauderdale, Fla., the place Customs and Border Safety officers requested bus riders to indicate their papers, that’s uncommon in Florida.
It’s extra frequent close to our northern and southern borders. Immigration and Customs Enforcement brokers declare the suitable to query people, with out suspicion of wrongdoing, inside 100 miles of a sea or land border.
Q: Will a U.S. consul concern a customer’s visa to the spouse of a U.S. citizen whom her partner has petitioned for? U.S. Citizenship and Immigration Providers has already accepted the partner petition for her.
Title withheld, Charlotte, N.C.
A: Possibly, however the consul will contemplate the accepted petition a unfavorable issue.
When making use of for a customer’s visa, candidates should show that they’ve a residence overseas they aren’t abandoning and that they’ve an intention to go away the US after their go to.
With a partner petition accepted, the consul will assume your spouse intends to remain in the US to use for a inexperienced card there. If the applicant has traveled to the U.S. earlier than and/or has good cause to go away the US after her go to, the consul could concern the visa regardless of realizing in regards to the accepted immigrant petition.
Allan Wernick is an lawyer and director of the Metropolis College of New York’s Citizenship Now! undertaking. Ship questions and feedback to Allan Wernick, New York Every day Information, seventh Fl., four New York Plaza, New York, N.Y., 10004 or e-mail to [email protected] Observe him on Twitter