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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3374
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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A lady entered in USA on B1/B2 visa in the year 1989 and

Customer Question

A lady entered in USA on B1/B2 visa in the year 1989 and never gone back. She is Indonesian Citizen. She is unmarried and want to apply for green cards. She is living with some friends in California. She was born on 07/04/1939. She is 75 years old.She
has CA ID and social security. Please advise that how can she apply green for herself. I understand that a person is living 10 years or more can apply for green card for herself.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

She can only apply for cancellation of removal based on her 10 year residency if she is in removal proceedings before an immigration judge.

The request for cancellation is made based on a judge ordering her to be deported. it is in the judges discretion to grant her cancellation of removal if she is able to show that her deportation would create extreme hardship to an immediate family member who is a US citizen such as a spouse or child.

Based on the information you have provided she has no basis to simply file for permanent resident status based on being in the US for 10 years. There is no such law.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
she filed css vs Messe in 1990 but nothing was done, she however has A#
she was never in removal proceedings as people who filed for CSS vs Messe or CSS vs lucas were never got removal proceedings. She has legal entry only .
Customer: replied 1 year ago.
she is in USA since 1989 , almost 26 years but no work authorization
Customer: replied 1 year ago.
Her brother who was US Citizen filed I-130 for her which was approved in 2005. Her brother died after petition was approved. and I think when her turn comes, her brother's wife can file Substitute Sponsor.
Can she process her case of substitute sponsor right now. Because Beneficiary and substitute sponsor both are here.
Please advise, Thank You
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

The answer that the previous attorney gave you is accurate.

Your brother's wife can act like a substitute sponsor if the petition was approved before her brother died and it sounds like it was. However, unless the application was filed before April 2001, then when her visa number is ***** she would still have to depart the US in order to receive her green card. Once she departs, it will be difficult to return because she will be subject to the 10 year penalty from returning to the US.

Another option she has is that if she suffering from any severe medical conditions and receiving medical care, she can apply for deferred action humanitarian at her local USCIS office. They will decide whether to approve it or not but if it is approved, she will receive a work permit good for one-two years and then she can renew it.

Good luck to you during this process and I hope this answer has helped you!

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