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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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My husband is a Cuban National who was granted PRV years ago

Customer Question

My husband is a Cuban National who was granted PRV years ago when he entered the U.S. when he was 15 years old. He is now 47 years old. He's PRV expired years ago and when he tried to renew years ago in 1997, Immigration told him that he did not exist in the system. So, he never did anything about it. Now, he has a warrant for his arrest in another state for childsupport and he has remaried in another state with me, a U.S. Citizen. Can I adjust for him?...I don't have a copy of his parole doc or anything. I recently sent a FOIA but I am still waiting. He knows his A# ***** he has a ss#, but he lost his original PRV card and SS card. IF I move an application with USCIS will this affect him?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Expert James replied 8 months ago.

What is the PRV card? Do you mean the alien resident card? The green card?

Customer: replied 8 months ago.
the Permanent Resident card.
Expert:  Expert James replied 8 months ago.

So you want to know if you can apply for a marriage based case for your husband?

Customer: replied 8 months ago.
I'm sorry. I don't have more $$ to pay today. I just paid $33
Customer: replied 8 months ago.
Could I file without affecting him, since he might hava a warrant for his arrest in another state for child support?...or should I just send in the I-90 to replace his old green card?
Expert:  Expert James replied 8 months ago.

You do not have to pay more money. You can ignore the requests to pay more for a phone call. If you want one later, you can ask for it. For now, just answer my questions.

I guess I am confused about how he would qualify for I-90, if he is not in the system. Can you explain how he would qualify for I-90 in that case?

Customer: replied 8 months ago.
HE WAS TOLD THAT. HE DOES NOT UNDERSTAND ALSO, SINCE HE GOT A GREEN CARD, SSCARD AND PAROLE YEARS AGO...SO HOW'S THAT'S POSSIBLE?...THAT'S WHAT HE WAS TOLD" THAT HE WAS NOT IN THE SYSTEM" SO HE NEVER RENEWED AND LOST HIS GREENCARD, AND SOCIAL SECURITY CARD WITH HIS WALLET YEARS AGO AND EVER SINCE HE HAS BEEN JUST USING HIS SS# ***** PAPERS AND DOCS. BECAUSE HE KNOWS THE NUMBER AND HE ALSO KNOWS HIS A# ***** THAT IS WHAT I USED TO FILL OUT THE FOIA REQUEST I JUST SENT TO USCIS, WHICH IS STILL PENDING.
Expert:  Expert James replied 8 months ago.

Ma'am,

I understand the problem. But using BIG LETTERS to shout at me is not helping. Please do not do that - I am trying to help you here.

Now then, if there is no case history or record, then he should not file the I-90. It will be denied and he will have wasted money and possibly exposed himself to the Immigration enforcement agents.

As far as whether you can file without affecting him, I think that is a bad idea. Why? Because he has a warrant for his arrest for not paying child support, which can be viewed as a crime involving moral turpitude.

What I would do is wait to find out the result of the FOIA request. Once he has a full copy of his entire record, he will better be able to determine the next best step. If he did, in fact, once have a green card, then the I-90 needs to be filed to apply for renewal. And if he has been a permanent resident for more than 3 years, then he should apply for naturalization to US citizen after getting his new green card.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

Otherwise, kindly rate my customer service with a positive rating so I get credit for doing my job. You can keep asking questions even after you have given a rating.

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Keep in mind, you are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

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Thank you!

Expert:  Expert James replied 8 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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