Q. My wife came actuality on a visitor’s acceptance back she was 3. She doesn’t accept her authorization or an I-94 Arrival/Departure document. She may accept been waived in afterwards clearing creating a record. We don’t apperceive for sure. I am a U.S. citizen. Can my wife get a blooming agenda afterwards abrogation the United States?
Stressed with four kids, by email
A. To account actuality — the action the law calls “adjustment of status” — your wife charge prove she was “inspected and admitted” at entry. Since she is affiliated to a U.S. citizen, the law forgives her for actuality actuality unlawfully.
To prove your wife’s allowable entry, alpha by blockage Customs and Border Protection and U.S. Citizenship and Clearing Services records. For CBP, book a Freedom of Information Act appeal online at https://bit.ly/2Nk8GOk. For USCIS, book anatomy I-102, Appliance for Replacement/Initial Nonimmigrant Arrival-Departure Document. Get the anatomy and filing instructions at USCIS.gov, or by calling the USCIS anatomy band 1-800-870-3676.
If CBP and USCIS can’t acquisition a almanac or your wife’s entry, try appointment affidavits from individuals whom she catholic with if you can get them. In any event, she should book her acclimation application. If USCIS denies it, the bureau will accredit the case for displacement proceedings. Clearing board are added acceptable in these cases than USCIS officers. She has a acceptable adventitious of acceptable her case. Of course, it’s best if you get an clearing law able to advice with this case. It’s tough, but winnable.
Q. I accept Deferred Action for Childhood Arrivals. I catholic away with USCIS permission. Can I get a blooming agenda through employer sponsorship?
B. Handgran, by Twitter
A. It’s unlikely, unless you activated for DACA afore axis 18 or activated afore you had been actuality unlawfully for added than 180 days. In employment-based clearing cases, you can account actuality alone if you entered accurately and never abandoned your cachet for added than 180 days. If you charge acknowledgment home for your blooming agenda account and you were unlawfully actuality added than 180 canicule afterwards axis 18, you face a bar to abiding with alone bound waivers available.
Allan Wernick is an advocate and administrator of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to [email protected] Follow him on Twitter @awernick.
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