In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write to [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1) QUESTION: If I have a deportation order, can I file the 601a provisional waiver?
ANSWER: Someone who already has a deportation order is not eligible for the I-601A because having a deportation order creates a separate ground of inadmissibility and the I-601A is currently only available for waivers of the 3 or 10 year bar for unlawful presence under INA 212(a)(9)(B). However if you are in deportation proceedings, before an immigration judge but not yet ordered deported, then you may be able to have the case administratively closed, meaning put on hold, to allow for you to apply for the I-601A waiver. But even if someone does get the case administratively closed and their I-601A waiver is approved, they still need to go back to the court and have their case terminated before they leave the US or they will end up deporting themselves. If someone does have a deportation order, but has never left the US since receiving the deportation order, then they should consult with an immigration attorney about the possibility of having the court reopen the court case. Most cases will not be eligible for this, but it is a good idea to talk to an experienced immigration lawyer about the possibility.
2) QUESTION: Would I be eligible for American citizenship since I have had the green card for almost 5 years?
ANSWER: Being a US permanent resident for 5 years or more is only one of several requirements to be eligible to apply for US citizenship. Below is a link to an article on my firm’s website with a brief overview of some of the other requirements. I would recommend having a consultation with an experienced immigration lawyer to determine if you are eligible to apply for US citizenship now. http://visalaw.wpengine.com/05jul2/2jul205.html
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.