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In Matter of Wang,51 the BIA narrowly interpreted this provision by holding that the priority date retention and automatic conversion benefits do not apply to a derivative beneficiary of a 4th preference family-based visa petition. Instead, the BIA found that this section only would apply to...

This was sold as a way to keep some of the best and brightest young illegal aliens in the country. The reality is that they attempted to protect as many illegal aliens as they could. Here are the requirements... Have illegally entered the United States before the age of 16. Have not turned...

The CSPA does not apply to the children of Family Fourth preference I-130 petitions. This exact scenario has already been litigated and ruled on by the BIA, 9th Circuit and Supreme Court. Here is the Supreme Court Decision. http://www.supremecourt.gov/opinions/13pdf/12-930_4g18.pdf

The BIA ruled that the CSPA doesn't apply to family fourth preference and the Supreme Court sided with the BIA.

Filing before 2001 generally applies to individuals residing here unlawfully and not to people who have been deported or under final order of removal. Your father is most likely a final order and I see a very difficult and long process for him to obtain LPR status.

Your wife falls under family 2nd preference and requires about a four or five year wait. Since she has been here unlawfully/illegally more than 180 days and her approved I-130 priority date isn't before 4/30/2001 (there is a grandfather provision where CIS allows approved I-130s for illegal...

You guys didn't foresee this. What kind of relationship existed before she moved to the US? As already stated here the I-864 is enforceable for 10 years (though it seldom is enforced). There are many many immigrants receiving government assistance of some kind while an I-864 sits in their...

This guys are full of it. They have zero authority when it comes to enforcing immigration laws. ICE will not respond to this kind of tip/intel from parties involved in a dispute. Now if you were arrested and convicted of a crime then you could face removal. I don't see that being the case...

I find it very unlikely that CIS would approve your I-751 but its worth a try. You'd be better off trying to find a new husband while you are here and then have him file for you.

He is a final order and has zero status thus he will not be able to adjust status. Since he is a final order he no longer has the opportunity to present his case to an immigration judge (the case has already been decided). The only option he has is to appeal this to BIA but there is usually a...

If he is here unlawfully then he is already deportable. The criminal arrest will possibly bring his unlawful status to the attention of ICE agents who can issue him an NTA and begin the removal proceedings.

Don't assume Don't assume that he won't be deported just because you have a pending I-130. Much depends on what if any kind of criminal record your husband possess. There have been many many spouses of US Citizens deported even with an approved I-130.

Sir or Ma'am, While I agree with most of your posting. The part about ICE not being able to deport her while her criminal case is pending is absolutely false. In fact the way ICE operates is when someone is arrested that person is interviewed. If the agent discovers through the interview and...

Conditional Resident If you look at your Green Card you will probably see the Class of Admission being a CR1. This means you are a conditional resident. If the marriage ends before an I-751 (I-751 needs to be filed by the US Citizen) is filed and approved then it will be very difficult...

First.. you cannot submit an I-130 for a fiance. When and if you do get married then your permanent resident spouse could and should submit an I-130 for you but submitting an I-130 will not alter your current situation as there is a wait period for 2nd family preference.

Interim EAD?? Local USCIS offices in California do not issue Interim EAD cards.