THIS WEEK’S IMMIGRATION NEWS

Immigration officials plan to deport over 200,000 criminal immigrants in prison

The New York Times reports that federal authorities plan to identify and deport more than 200,000 criminal immigrants this year who are currently serving sentences in U.S, prisons across the country. This new policy to deport foreign-born criminals is part of a recent campaign by officials to reduce the costs of housing immigrants in federal and state prisons.

Reportedly, immigration officials filed immigration charges against over 164,000 prison immigrants in 2007, most of who will be deported this year. In comparison, in 2006, only 64,000 prison immigrants were deported.

THIS WEEK’S IMMIGRATION QUESTIONS

Question: Hi, I came to the U.S. back in 2006 when I was 23, after I finished my college and I have stayed here ever since. I tried to change status to a student visa in 2007, but was denied because I filed it after the I-94 card had already expired. My dad is a U.S. Citizen and filed to sponsor me in 2006. It’s already been over 1 1/2 years since we received the receipt notice for the I-130, but no approval yet. Its getting really hard to live here now since my Driver’s License expired in 2007 and they won’t renew it because I’m out of status. Is there anything I can do to speed up the process and get my approval so I can get my driver’s license and residency?

Answer: You have a very common family-based immigration problem. Unfortunately, since the I-130 family petition was filed by your father after you turned age 21, you are subject to the Family Preference Visa process. That means that you are in an immigrant visa line based upon the availability of an immigrant visa, not processing time for the I-130 to be approved. As the (presumably – unmarried) adult child of a U.S. Citizen, you are in the Family Preference category called “1^st Preference”. As of February 2008, there are only visas available for I-130 petitions filed by U.S. Citizen parents for their adult, unmarried children in February of 2002. You can find the current visa availability by going online to the State Dept website at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Since your dad filed the I-130 for you in 2006, that means that you have a wait of at least four more years. However, the biggest problem I see for you is your legal status. Unfortunately, under current immigration laws, immigrants in the Family Preference categories who are inside the U.S. must be in legal immigration status in order to be eligible to adjust status to Permanent Residency once the time comes. The fact that your I-94 has expired makes you ineligible to obtain your Green Card in the U.S. under current regulations. Many immigrants do not understand this and believe that once an I-130 is filed for them, they may remain legally in the U.S. The only way that an immigrant in one of the family preference categories can legally remain in the U.S. is through some other sort of non-immigrant visa, including: Student visas (obtained prior to filing the I-130), work visas for professionals (H-1B work visa), E-2 investor visa, etc. Once the I-94 expires, it is impossible to change status to another type of visa and obtain legal status again. Exceptions to the requirement for maintaining legal status are immediate relatives which include: spouses, minor children (under age 21) and parents of U.S. citizens and those qualifying under 245(i) as a beneficiary or dependant of an immigrant petition filed before April 30, 2001.

Question: My sister and her family are having their immigration interview next week at the U.S. Embassy in order to immigrate to the US. Once they get their visas, they need to sell their house and take care of our family’s business affairs. Can you please tell me how long they can wait before they finally come to American once the Embassy gives them the visas?

Answer: Immigrants issued immigrant visas have up to six months to make entry on an immigrant visa once it is issued by a consulate. Once they enter the U.S., immigration officials will stamp the I-551 residency stamp in their passports and they will receive their actual Green Cards within a few weeks to a few months.

*This column is published for the purposes of providing a general understanding of immigration legal issues, as a public service and is not intended to establish an attorney client relationship. Consideration given to any immigration issue is not intended in any way to substitute for individual legal consultation with a licensed attorney. Readers should understood that this column and the foregoing illustrations are subject to different interpretations in each particular immigration case that may arise and no one reading this column should attempt to apply his own particular situation to the principles described herein. Readers with specific legal immigration issues should consult their attorney. If you have an immigration issue and do not know an attorney, you may call The American Immigration Lawyer’s Association's Lawyer Referral Service at:1-800-954-0254.