Legal Question in Immigration Law in California
us citizen apply for son
My 23 year old son was married to a US citizen, but his 130/485 was denied and immigration accused him of not having a bona fide marriage. his case was closed and he did not appeal. he went to removal proceedings, was granted voluntary departure, and he is now back in homecountry and was barred 3 years. his divorce was finalized as well. in 3 months, I will be a naturalized citizen. i want to petition for my son for LPR, but will his previous record complicate his chances at getting his green card thru me?
4 Answers from Attorneys
Re: us citizen apply for son
This matter is complex and your son should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: us citizen apply for son
Once you become naturalized and petition for your son, that category has visa numbers backlogged by about 7 years right now for most countries. The visa number situation is not going to improve significantly unless there is immigration reform to the system by the Obama Administration. So, you can only file an I-130 petition for your son, but by the time there is a visa number available for him in about 7 years (assuming there's no reform), the 3-year bar will have passed and will not be an obstacle by then. Since your son did receive voluntary departure instead of being removed (deported), he should be able to immigrate through you at that time, as long as there are no other issues such as crimes, fraud, etc.
Larry L. Doan, Esq.
(Straight-talk on Immigration Law at http://www.GuruImmigration.com !)
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
Re: us citizen apply for son
No problem, provided he complied with his voluntary departure in a timely manner.
Re: us citizen apply for son
If he was accused of marriage fraud then that fraud cannot be cured in the future, however, if he only got voluntary departure (and not deportation) then perhaps the government couldn't prove fraud though they accused him of it. In that case, you could petition for him. I'm sure they'd give him a hard time, but they should issue an immigrant visa (green card) to him as long as you have a relationship with him.
This is the kind of case that begs for good counsel. I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com or email me at [email protected].
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436
EM: [email protected] WEB: http://www.yardum-hunter.com
A �Super Lawyer� 2004 � 2009, Los Angeles Magazine
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