A Complicated Matter, Please Help!
Dec 3rd 2002, 10:25 pm
#1
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 82
A Complicated Matter, Please Help!
Hello,
About two months ago, my friend(perminent resident)'s son came over here on a B2 Visa, which was given to him on the medical basis. He was granted this B2, after a Medical Treatment visa, which he used the first time he came to US. Since he overstayed on his last visit, about 6 months after his extension was denied, his B2 was made void and INS decided to deport him. Not quite sure what changed their minds at that time, but they decided to let my friend's son go at that time, and told him to see his doctor, and when the court date comes, they told him to withdraw everything and ask the court to deport him.
When they let him go, my friend decided to hire a lawyer for his son, who told my friend that he could definately stop this deportation on medical grounds, and that all this happened, because your son was a minor and was travelling alone. The charges that the INS put on my firend's son were:
1. Overstayed on his B2.
2. Could become a public charge, in opinion of surgeon general.
According to my friend's lawyer, the first charge has already been taken care of and the second charge will be solved too, after the submission of an Affadavit of Support from my friend to his son. The lawyer continued by saying, that after he does this, the judge will give him two options to make his client's status legal:
1. Re-open his B2.
2. Give him parole till his pending I-130 is approved.
My first question is on this point:
1. Is this really possible, I mean will it be this easy for the lawyer to get my friend's son his status?
All this were the tactics that were going to be used when my friend was a perminent resident, although now, the situation is changed, because my friend is now a US Citizen. After his new status, my friend is trying to inherit his citizenship to his son, under the Child Citizenship Act. When my friend let his lawyer know of his new status and his intentions, his lawyer suggested that he file an N-600 immediately, along with some kind of waiver. Here are my questions:
1. Could this really happen? I mean wouldn't my friend's son need some kind of legal status, before he could qualify for the act?
2. If not, what kind of waiver could do this, please explain in detail?
3. My friend's son is 17 years old, and about 8 months away from his 18 birthday. I haerd that N-600 take about a year to be processed. Would his age be calculated from the date of filing, or the date of approval? Or maybe the date of interview?
Note: My friend's son was given some sort of legal entry in the country, with documents to be taken to the court, for the deportation hearing. That document does contain an "A #" if it makes it easier for you guys to understand his status. Also, my friend will be filing the N-600 from Philadelphia, PA, if that will allow you to calculate the number of days in would take for the N-600.
I know this is a very complicated question, and is needed to be discussed to a lawyer, and was discussed, but my friend needed a confirmation. Thank you for all your help!
About two months ago, my friend(perminent resident)'s son came over here on a B2 Visa, which was given to him on the medical basis. He was granted this B2, after a Medical Treatment visa, which he used the first time he came to US. Since he overstayed on his last visit, about 6 months after his extension was denied, his B2 was made void and INS decided to deport him. Not quite sure what changed their minds at that time, but they decided to let my friend's son go at that time, and told him to see his doctor, and when the court date comes, they told him to withdraw everything and ask the court to deport him.
When they let him go, my friend decided to hire a lawyer for his son, who told my friend that he could definately stop this deportation on medical grounds, and that all this happened, because your son was a minor and was travelling alone. The charges that the INS put on my firend's son were:
1. Overstayed on his B2.
2. Could become a public charge, in opinion of surgeon general.
According to my friend's lawyer, the first charge has already been taken care of and the second charge will be solved too, after the submission of an Affadavit of Support from my friend to his son. The lawyer continued by saying, that after he does this, the judge will give him two options to make his client's status legal:
1. Re-open his B2.
2. Give him parole till his pending I-130 is approved.
My first question is on this point:
1. Is this really possible, I mean will it be this easy for the lawyer to get my friend's son his status?
All this were the tactics that were going to be used when my friend was a perminent resident, although now, the situation is changed, because my friend is now a US Citizen. After his new status, my friend is trying to inherit his citizenship to his son, under the Child Citizenship Act. When my friend let his lawyer know of his new status and his intentions, his lawyer suggested that he file an N-600 immediately, along with some kind of waiver. Here are my questions:
1. Could this really happen? I mean wouldn't my friend's son need some kind of legal status, before he could qualify for the act?
2. If not, what kind of waiver could do this, please explain in detail?
3. My friend's son is 17 years old, and about 8 months away from his 18 birthday. I haerd that N-600 take about a year to be processed. Would his age be calculated from the date of filing, or the date of approval? Or maybe the date of interview?
Note: My friend's son was given some sort of legal entry in the country, with documents to be taken to the court, for the deportation hearing. That document does contain an "A #" if it makes it easier for you guys to understand his status. Also, my friend will be filing the N-600 from Philadelphia, PA, if that will allow you to calculate the number of days in would take for the N-600.
I know this is a very complicated question, and is needed to be discussed to a lawyer, and was discussed, but my friend needed a confirmation. Thank you for all your help!
Dec 4th 2002, 7:35 am
#2
Guest
Posts: n/a
Re: A Complicated Matter, Please Help!
On Tue, 03 Dec 2002 23:25:30 +0000, Fragger wrote:
> Hello,
>
> About two months ago, my friend(perminent resident)'s son came over here
> on a B2 Visa, which was given to him on the medical basis. He was
> granted this B2, after a Medical Treatment visa, which he used the first
> time he came to US. Since he overstayed on his last visit, about 6
> months after his extension was denied, his B2 was made void and INS
> decided to deport him. Not quite sure what changed their minds at that
> time, but they decided to let my friend's son go at that time, and told
> him to see his doctor, and when the court date comes, they told him to
> withdraw everything and ask the court to deport him.
>
> When they let him go, my friend decided to hire a lawyer for his son,
> who told my friend that he could definately stop this deportation on
> medical grounds, and that all this happened, because your son was a
> minor and was travelling alone. The charges that the INS put on my
> firend's son were:
>
> 1. Overstayed on his B2.
> 2. Could become a public charge, in opinion of surgeon general.
>
> According to my friend's lawyer, the first charge has already been taken
> care of and the second charge will be solved too, after the submission
> of an Affadavit of Support from my friend to his son. The lawyer
> continued by saying, that after he does this, the judge will give him
> two options to make his client's status legal:
>
> 1. Re-open his B2.
> 2. Give him parole till his pending I-130 is approved.
It sounds like he has a good lawyer. Yes, both are possible.
> My first question is on this point:
>
> 1. Is this really possible, I mean will it be this easy for the lawyer
> to get my friend's son his status?
Easy? No. But doable, yes, I think this is a good strategy. Not guaranteed
to succeed, but quite likely.
> All this were the tactics that were going to be used when my friend was
> a perminent resident, although now, the situation is changed, because my
> friend is now a US Citizen. After his new status, my friend is trying to
> inherit his citizenship to his son, under the Child Citizenship Act.
> When my friend let his lawyer know of his new status and his intentions,
> his lawyer suggested that he file an N-600 immediately, along with some
> kind of waiver. Here are my questions:
>
> 1. Could this really happen? I mean wouldn't my friend's son need some
> kind of legal status, before he could qualify for the act?
I think it is sufficient that he is already in the US.
> 2. If not, what kind of waiver could do this, please explain in detail?
I am not sure, you would need to ask the attorney. It could be a fraud
waiver, or it could be a waiver of inadmissibility or something like that.
My guess is a fraud waiver.
> 3. My friend's son is 17 years old, and about 8 months away from his 18
> birthday. I haerd that N-600 take about a year to be processed. Would
> his age be calculated from the date of filing, or the date of
> approval? Or maybe the date of interview?
In this case, he is already a citizen automatically by virtue of the law.
The N-600 merely provides proof of that fact. In other words, neither the
date of filing nor the date of approval matters, but rather the date that
he qualified - namely when his father became a US citizen and he himself
was in the US.
> Note: My friend's son was given some sort of legal entry in the country,
> with documents to be taken to the court, for the deportation
> hearing. That document does contain an "A #" if it makes it easier
> for you guys to understand his status.
The A# merely indicates that INS has a file on him, which is normal in
deportation proceedings. It sounds like he might have been paroled into
the country.
> Also, my friend will be
> filing the N-600 from Philadelphia, PA, if that will allow you to
> calculate the number of days in would take for the N-600.
You can look up all kinds of processing times yourself at
http://www.visalaw.com or http://www.shusterman.com
> I know this is a very complicated question, and is needed to be
> discussed to a lawyer, and was discussed, but my friend needed a
> confirmation. Thank you for all your help!
It indeed is a very complicated question, and I am not sure if you find
the necessary expertise here to get a reliable answer. What I said above
is certainly unreliable second-hand information.
> Hello,
>
> About two months ago, my friend(perminent resident)'s son came over here
> on a B2 Visa, which was given to him on the medical basis. He was
> granted this B2, after a Medical Treatment visa, which he used the first
> time he came to US. Since he overstayed on his last visit, about 6
> months after his extension was denied, his B2 was made void and INS
> decided to deport him. Not quite sure what changed their minds at that
> time, but they decided to let my friend's son go at that time, and told
> him to see his doctor, and when the court date comes, they told him to
> withdraw everything and ask the court to deport him.
>
> When they let him go, my friend decided to hire a lawyer for his son,
> who told my friend that he could definately stop this deportation on
> medical grounds, and that all this happened, because your son was a
> minor and was travelling alone. The charges that the INS put on my
> firend's son were:
>
> 1. Overstayed on his B2.
> 2. Could become a public charge, in opinion of surgeon general.
>
> According to my friend's lawyer, the first charge has already been taken
> care of and the second charge will be solved too, after the submission
> of an Affadavit of Support from my friend to his son. The lawyer
> continued by saying, that after he does this, the judge will give him
> two options to make his client's status legal:
>
> 1. Re-open his B2.
> 2. Give him parole till his pending I-130 is approved.
It sounds like he has a good lawyer. Yes, both are possible.
> My first question is on this point:
>
> 1. Is this really possible, I mean will it be this easy for the lawyer
> to get my friend's son his status?
Easy? No. But doable, yes, I think this is a good strategy. Not guaranteed
to succeed, but quite likely.
> All this were the tactics that were going to be used when my friend was
> a perminent resident, although now, the situation is changed, because my
> friend is now a US Citizen. After his new status, my friend is trying to
> inherit his citizenship to his son, under the Child Citizenship Act.
> When my friend let his lawyer know of his new status and his intentions,
> his lawyer suggested that he file an N-600 immediately, along with some
> kind of waiver. Here are my questions:
>
> 1. Could this really happen? I mean wouldn't my friend's son need some
> kind of legal status, before he could qualify for the act?
I think it is sufficient that he is already in the US.
> 2. If not, what kind of waiver could do this, please explain in detail?
I am not sure, you would need to ask the attorney. It could be a fraud
waiver, or it could be a waiver of inadmissibility or something like that.
My guess is a fraud waiver.
> 3. My friend's son is 17 years old, and about 8 months away from his 18
> birthday. I haerd that N-600 take about a year to be processed. Would
> his age be calculated from the date of filing, or the date of
> approval? Or maybe the date of interview?
In this case, he is already a citizen automatically by virtue of the law.
The N-600 merely provides proof of that fact. In other words, neither the
date of filing nor the date of approval matters, but rather the date that
he qualified - namely when his father became a US citizen and he himself
was in the US.
> Note: My friend's son was given some sort of legal entry in the country,
> with documents to be taken to the court, for the deportation
> hearing. That document does contain an "A #" if it makes it easier
> for you guys to understand his status.
The A# merely indicates that INS has a file on him, which is normal in
deportation proceedings. It sounds like he might have been paroled into
the country.
> Also, my friend will be
> filing the N-600 from Philadelphia, PA, if that will allow you to
> calculate the number of days in would take for the N-600.
You can look up all kinds of processing times yourself at
http://www.visalaw.com or http://www.shusterman.com
> I know this is a very complicated question, and is needed to be
> discussed to a lawyer, and was discussed, but my friend needed a
> confirmation. Thank you for all your help!
It indeed is a very complicated question, and I am not sure if you find
the necessary expertise here to get a reliable answer. What I said above
is certainly unreliable second-hand information.
Dec 5th 2002, 12:16 am
#3
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 82
Re: A Complicated Matter, Please Help!
Originally posted by Ingo Pakleppa
On Tue, 03 Dec 2002 23:25:30 +0000, Fragger wrote:
> Hello,
>
> About two months ago, my friend(perminent resident)'s son came over here
> on a B2 Visa, which was given to him on the medical basis. He was
> granted this B2, after a Medical Treatment visa, which he used the first
> time he came to US. Since he overstayed on his last visit, about 6
> months after his extension was denied, his B2 was made void and INS
> decided to deport him. Not quite sure what changed their minds at that
> time, but they decided to let my friend's son go at that time, and told
> him to see his doctor, and when the court date comes, they told him to
> withdraw everything and ask the court to deport him.
>
> When they let him go, my friend decided to hire a lawyer for his son,
> who told my friend that he could definately stop this deportation on
> medical grounds, and that all this happened, because your son was a
> minor and was travelling alone. The charges that the INS put on my
> firend's son were:
>
> 1. Overstayed on his B2.
> 2. Could become a public charge, in opinion of surgeon general.
>
> According to my friend's lawyer, the first charge has already been taken
> care of and the second charge will be solved too, after the submission
> of an Affadavit of Support from my friend to his son. The lawyer
> continued by saying, that after he does this, the judge will give him
> two options to make his client's status legal:
>
> 1. Re-open his B2.
> 2. Give him parole till his pending I-130 is approved.
It sounds like he has a good lawyer. Yes, both are possible.
> My first question is on this point:
>
> 1. Is this really possible, I mean will it be this easy for the lawyer
> to get my friend's son his status?
Easy? No. But doable, yes, I think this is a good strategy. Not guaranteed
to succeed, but quite likely.
> All this were the tactics that were going to be used when my friend was
> a perminent resident, although now, the situation is changed, because my
> friend is now a US Citizen. After his new status, my friend is trying to
> inherit his citizenship to his son, under the Child Citizenship Act.
> When my friend let his lawyer know of his new status and his intentions,
> his lawyer suggested that he file an N-600 immediately, along with some
> kind of waiver. Here are my questions:
>
> 1. Could this really happen? I mean wouldn't my friend's son need some
> kind of legal status, before he could qualify for the act?
I think it is sufficient that he is already in the US.
Follow up question:
Are you sure? I mean I thought this act requires the foreign born and living outside to have a legal entry in the US. It seems, that his entry is legal, but can he use this status to adjust to his citizenship status?
> 2. If not, what kind of waiver could do this, please explain in detail?
I am not sure, you would need to ask the attorney. It could be a fraud
waiver, or it could be a waiver of inadmissibility or something like that.
My guess is a fraud waiver.
> 3. My friend's son is 17 years old, and about 8 months away from his 18
> birthday. I haerd that N-600 take about a year to be processed. Would
> his age be calculated from the date of filing, or the date of
> approval? Or maybe the date of interview?
In this case, he is already a citizen automatically by virtue of the law.
The N-600 merely provides proof of that fact. In other words, neither the
date of filing nor the date of approval matters, but rather the date that
he qualified - namely when his father became a US citizen and he himself
was in the US.
Follow up question:
Please read this point again, sir, as my friend's son is a foreign living child with no green card or perminent residancy. Unless, I'm reading the act incorrectly, the foreign living kids need a temporary lawful entry in the country to complete this process. Also, these are the only kids, who DO NOT automatically turn into citizens, and need the N-600 to acquire their citizenship.
> Note: My friend's son was given some sort of legal entry in the country,
> with documents to be taken to the court, for the deportation
> hearing. That document does contain an "A #" if it makes it easier
> for you guys to understand his status.
The A# merely indicates that INS has a file on him, which is normal in
deportation proceedings. It sounds like he might have been paroled into
the country.
> Also, my friend will be
> filing the N-600 from Philadelphia, PA, if that will allow you to
> calculate the number of days in would take for the N-600.
You can look up all kinds of processing times yourself at
http://www.visalaw.com or http://www.shusterman.com
> I know this is a very complicated question, and is needed to be
> discussed to a lawyer, and was discussed, but my friend needed a
> confirmation. Thank you for all your help!
It indeed is a very complicated question, and I am not sure if you find
the necessary expertise here to get a reliable answer. What I said above
is certainly unreliable second-hand information.
On Tue, 03 Dec 2002 23:25:30 +0000, Fragger wrote:
> Hello,
>
> About two months ago, my friend(perminent resident)'s son came over here
> on a B2 Visa, which was given to him on the medical basis. He was
> granted this B2, after a Medical Treatment visa, which he used the first
> time he came to US. Since he overstayed on his last visit, about 6
> months after his extension was denied, his B2 was made void and INS
> decided to deport him. Not quite sure what changed their minds at that
> time, but they decided to let my friend's son go at that time, and told
> him to see his doctor, and when the court date comes, they told him to
> withdraw everything and ask the court to deport him.
>
> When they let him go, my friend decided to hire a lawyer for his son,
> who told my friend that he could definately stop this deportation on
> medical grounds, and that all this happened, because your son was a
> minor and was travelling alone. The charges that the INS put on my
> firend's son were:
>
> 1. Overstayed on his B2.
> 2. Could become a public charge, in opinion of surgeon general.
>
> According to my friend's lawyer, the first charge has already been taken
> care of and the second charge will be solved too, after the submission
> of an Affadavit of Support from my friend to his son. The lawyer
> continued by saying, that after he does this, the judge will give him
> two options to make his client's status legal:
>
> 1. Re-open his B2.
> 2. Give him parole till his pending I-130 is approved.
It sounds like he has a good lawyer. Yes, both are possible.
> My first question is on this point:
>
> 1. Is this really possible, I mean will it be this easy for the lawyer
> to get my friend's son his status?
Easy? No. But doable, yes, I think this is a good strategy. Not guaranteed
to succeed, but quite likely.
> All this were the tactics that were going to be used when my friend was
> a perminent resident, although now, the situation is changed, because my
> friend is now a US Citizen. After his new status, my friend is trying to
> inherit his citizenship to his son, under the Child Citizenship Act.
> When my friend let his lawyer know of his new status and his intentions,
> his lawyer suggested that he file an N-600 immediately, along with some
> kind of waiver. Here are my questions:
>
> 1. Could this really happen? I mean wouldn't my friend's son need some
> kind of legal status, before he could qualify for the act?
I think it is sufficient that he is already in the US.
Follow up question:
Are you sure? I mean I thought this act requires the foreign born and living outside to have a legal entry in the US. It seems, that his entry is legal, but can he use this status to adjust to his citizenship status?
> 2. If not, what kind of waiver could do this, please explain in detail?
I am not sure, you would need to ask the attorney. It could be a fraud
waiver, or it could be a waiver of inadmissibility or something like that.
My guess is a fraud waiver.
> 3. My friend's son is 17 years old, and about 8 months away from his 18
> birthday. I haerd that N-600 take about a year to be processed. Would
> his age be calculated from the date of filing, or the date of
> approval? Or maybe the date of interview?
In this case, he is already a citizen automatically by virtue of the law.
The N-600 merely provides proof of that fact. In other words, neither the
date of filing nor the date of approval matters, but rather the date that
he qualified - namely when his father became a US citizen and he himself
was in the US.
Follow up question:
Please read this point again, sir, as my friend's son is a foreign living child with no green card or perminent residancy. Unless, I'm reading the act incorrectly, the foreign living kids need a temporary lawful entry in the country to complete this process. Also, these are the only kids, who DO NOT automatically turn into citizens, and need the N-600 to acquire their citizenship.
> Note: My friend's son was given some sort of legal entry in the country,
> with documents to be taken to the court, for the deportation
> hearing. That document does contain an "A #" if it makes it easier
> for you guys to understand his status.
The A# merely indicates that INS has a file on him, which is normal in
deportation proceedings. It sounds like he might have been paroled into
the country.
> Also, my friend will be
> filing the N-600 from Philadelphia, PA, if that will allow you to
> calculate the number of days in would take for the N-600.
You can look up all kinds of processing times yourself at
http://www.visalaw.com or http://www.shusterman.com
> I know this is a very complicated question, and is needed to be
> discussed to a lawyer, and was discussed, but my friend needed a
> confirmation. Thank you for all your help!
It indeed is a very complicated question, and I am not sure if you find
the necessary expertise here to get a reliable answer. What I said above
is certainly unreliable second-hand information.
Dec 6th 2002, 12:55 am
#4
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 82
Re:
Hey Ingo,
Just wondering if you are gonna reply my post further. If so, thanks in advance!
Just wondering if you are gonna reply my post further. If so, thanks in advance!
Dec 7th 2002, 7:36 am
#5
Guest
Posts: n/a
Re: A Complicated Matter, Please Help!
On Fri, 06 Dec 2002 01:55:25 +0000, Fragger wrote:
>
> Hey Ingo,
>
> Just wondering if you are gonna reply my post further. If so, thanks
> in advance!
Which post are you referring to? I did see another post from you, but it
seems that you just quoted my reply without adding any of your own new
questions. Or did I overlook something?
>
> Hey Ingo,
>
> Just wondering if you are gonna reply my post further. If so, thanks
> in advance!
Which post are you referring to? I did see another post from you, but it
seems that you just quoted my reply without adding any of your own new
questions. Or did I overlook something?
Dec 7th 2002, 8:30 pm
#6
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 82
Re:
Yeah, I did quote most of your post. But look closely for, "Follow up question:", my new quesions are right after that phrase. Thanks anyway, I look forward to your reply!
Dec 8th 2002, 1:38 pm
#7
Guest
Posts: n/a
Re: A Complicated Matter, Please Help!
On Sat, 07 Dec 2002 21:30:23 +0000, Fragger wrote:
> Yeah, I did quote most of your post. But look closely for, "Follow up
> question:", my new quesions are right after that phrase. Thanks anyway,
> I look forward to your reply!
I see! I missed it because that section was also prefixed with >,
indicating that it was a quote of my previous post. So my newsreader hid
it. Sorry about that.
Unfortunately, I have to admit that I am not sure about the answer. There
also was a recent new law, the Child Citizenship Act, that might help here
- but I can't recall exactly what it says in this context.
> Yeah, I did quote most of your post. But look closely for, "Follow up
> question:", my new quesions are right after that phrase. Thanks anyway,
> I look forward to your reply!
I see! I missed it because that section was also prefixed with >,
indicating that it was a quote of my previous post. So my newsreader hid
it. Sorry about that.
Unfortunately, I have to admit that I am not sure about the answer. There
also was a recent new law, the Child Citizenship Act, that might help here
- but I can't recall exactly what it says in this context.
Dec 10th 2002, 2:27 am
#8
Forum Regular
Thread Starter
Joined: Nov 2002
Posts: 82
Re:
Ingo, I appreciate your help and all, but I guess you have been working quite hard, answering all these people. It is very nice of you to do that, but buddy, would you read my post again. The whole thing's big chunk was about the Child Citizenship Act, and whether my friend's son can update his status while he is under the deportation process.
If you could help me further on that friend, please do, if not, thanks alot, cause you have helped a lot anyway. Expecting reply. Thanks again!
If you could help me further on that friend, please do, if not, thanks alot, cause you have helped a lot anyway. Expecting reply. Thanks again!
