The Immigration Answers Show - Episode 1093

Hacking Immigration Law, LLC

Hacking Immigration Law, LLC

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On episode 1093 of the Immigration Answers Show, immigration attorney Jim Hacking answers 9 live questions on the 75-country pause, F2A delays, rescinded green cards, asylum referrals, joint sponsors, and long 221(g) holds.

QUESTIONS ANSWERED
(General information, not legal advice for your case.)

Child's immigrant visa on hold under the 75-country pause?
Send the embassy everything it asked for, then wait. Lawsuits are challenging the pause. A pending immigrant case also makes a student visa unlikely.

F2A petition for a spouse abroad pending 18 months: sue now?
Jim would consider a mandamus lawsuit. An approved petition puts you further along when the pause ends, and you don't need to contact Congress first.

Green card rescinded because the I-485 was filed too early?
You have to be eligible on the day you file, including a current priority date. Fighting a rescission is hard and costly, so talk to an experienced federal litigator.

Asylum interview done: will the new court referral policy apply to me?
Decisions can take weeks or years. The policy mainly targets people without status, so someone in valid F-1 status would stay in F-1 if asylum isn't granted.

N-400 interview moved up: what should I mention?
Answer what's asked and don't volunteer minor changes, but disclose anything important like an arrest. After the interview, USCIS generally has 120 days to decide before you can sue.

Asked to be a joint sponsor for a newly married daughter?
When the spouse is in removal proceedings, the marriage has to be proven by clear and convincing evidence, and living apart is a major problem. The sponsor form isn't needed until later, so decide as a family first.

Parent's past overstay, a sibling petition, and travel?
A long past overstay must be disclosed, though time spent outside the U.S. since then may help. Sibling petitions take roughly 20 years. A green card holder abroad for two months should return promptly.

I-751 and N-400 both stuck for over a year?
Jim would consider a lawsuit covering both. The government usually has about 60 days to respond, and cases often move within two months.

221(g) administrative processing for 26 months?
Jim believes the hold may be tied to an Iranian birthplace under the travel ban, which a mandamus lawsuit won't fix.

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CHAPTERS
0:00 Intro
13:25 Child's Immigrant Visa on Hold Under the 75-Country Pause
22:05 F2A Petition for a Spouse Abroad Pending 18 Months
27:42 Green Card Rescinded Because the I-485 Was Filed Too Early
44:55 Asylum Interview Done: Will the New Referral Policy Apply?
49:29 N-400 Interview Moved Up: What Should I Mention?
56:07 Asked to Be a Joint Sponsor for a Newly Married Daughter
1:15:57 Parent's Past Overstay, a Sibling Petition, and Travel
1:24:16 I-751 and N-400 Both Stuck for Over a Year
1:28:21 221(g) Administrative Processing for 26 Months
1:30:52 Wrap-Up