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Hi Everyone,
This is a complicated immigration issue that I am hoping to get your view on:
My dad came to the US in 1989 via Canada (India is his country of origin). He came to the US illegally and was stopped at the boarder and ordered to leave by the IJ - He did not leave. He was finger printed and held for a little but they let him go on a bond. That same year, he filed what was known as a Special Agriculture Worker (SAW) Application since he had worked on a farm in an effort to get a green card. Big incentive at the time.
When he filled out the application, he changed his name and date of birth on the form because he was afraid they would deny him because he was caught and ordered to leave. They granted him a green card under the "new" name. Since then, he has lived in the US with no problem- has been married for over 25 years, three kids, runs a small business, owns a home, and pays his taxes. His life is here.
Fast forward to 2016, we felt that it was the right thing to do to come clean to the US government and disclose that initial fraud on the SAW application (crazy but yes we did it for a clean conscious and knowing that an increasingly sophisticated biometrics technology would eventually catch on to the two identities among other reasons).
So...... We hired an immigration attorney. He advised us to file an I-601 and show extreme hardship (denied). We have also applied for an I-485 (denied). The I-485 stated:
USCIS has determined that you are not eligible for adjustment of status: because, USCIS has also determined that your case presents significant adverse factors which show that discretion should be exercised in your favor.
These factors include: a disregard of deportation order from the IJ. The intentional use of an alias to obtain LPR status; filing frivolous application for Asylum.
Evidence of factors to be considered in your favor: A US citizen spouse and children, living in the US for 31 years and your spouses health condition.
The decision letter states that he needs to leave within 33 days or he will receive an NTA. I am meeting with the attorney tomorrow and I think he will recommend to file for citizenship to force the proceedings.
THIS IS SCARY! Has anyone else experienced something similar? Does anyone have any opinions on how to go about next steps?
Thanks so much for reading!!
This is a complicated immigration issue that I am hoping to get your view on:
My dad came to the US in 1989 via Canada (India is his country of origin). He came to the US illegally and was stopped at the boarder and ordered to leave by the IJ - He did not leave. He was finger printed and held for a little but they let him go on a bond. That same year, he filed what was known as a Special Agriculture Worker (SAW) Application since he had worked on a farm in an effort to get a green card. Big incentive at the time.
When he filled out the application, he changed his name and date of birth on the form because he was afraid they would deny him because he was caught and ordered to leave. They granted him a green card under the "new" name. Since then, he has lived in the US with no problem- has been married for over 25 years, three kids, runs a small business, owns a home, and pays his taxes. His life is here.
Fast forward to 2016, we felt that it was the right thing to do to come clean to the US government and disclose that initial fraud on the SAW application (crazy but yes we did it for a clean conscious and knowing that an increasingly sophisticated biometrics technology would eventually catch on to the two identities among other reasons).
So...... We hired an immigration attorney. He advised us to file an I-601 and show extreme hardship (denied). We have also applied for an I-485 (denied). The I-485 stated:
USCIS has determined that you are not eligible for adjustment of status: because, USCIS has also determined that your case presents significant adverse factors which show that discretion should be exercised in your favor.
These factors include: a disregard of deportation order from the IJ. The intentional use of an alias to obtain LPR status; filing frivolous application for Asylum.
Evidence of factors to be considered in your favor: A US citizen spouse and children, living in the US for 31 years and your spouses health condition.
The decision letter states that he needs to leave within 33 days or he will receive an NTA. I am meeting with the attorney tomorrow and I think he will recommend to file for citizenship to force the proceedings.
THIS IS SCARY! Has anyone else experienced something similar? Does anyone have any opinions on how to go about next steps?
Thanks so much for reading!!
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