Skip to main content
No photo

Daniel Huang’s Answers

3 total

  • Hi i just have my derivative asylee status approved and i was wondering if i can fly back home to the country of claimed pers

    Here are some details. Came to us in 2000 as F1 2003 Filed for asylum 2004 asylum denied 2006 married and wife asylum approved 2007 :asylee petition filed Feb 2009 : Asylee relative petition approved

    Daniel’s Answer

    Although I have seen many derivative asylees fly back to their home country without problems, I have also started seeing CBP (Customs and Border Protection) harassing asylees (principals and derivatives) at the Port of Entry (POE). If the CBP decides to strip your asylee status, they will do it at the airport and simply issue a NTA to send you to removal proceeding. Returning to the country that one claims persecution is a ground for termination of asylum status. Therefore, I would wait until after naturalization is complete before traveling to the home country.

    See question 
  • How about my godparents?

    I am 40yrs, i expect to be migrating in a few years time. I am worried for my godparents who have been staying with me for 14yrs now. They are dependent on me financially. Is there anyway to prove the relationship to the migration authorities s...

    Daniel’s Answer

    Because you are 40 years old, unless you were adopted by this couple while you were under age 16, there is no qualified relationship that will allow you to petition for them (assuming that you are a U.S. citizen). There may be other forms of relief for your godparents, but that depends on:
    1. Their manner of entry- lawful or illegal, 2. length of residence in the U.S., 3. Potential hardship to U.S. citizen or LPR immediate relatives if ordered removed.

    See question 
  • Is there a qualification for a U.S Citizen to petition the illegal immigrant spouse?

    I'm out of status. My boyfriend wants to get marry but he has issue with IRS and child support. Can he still petition me?

    Daniel’s Answer

    After you are legally married with your boyfriend, he can petition for you. You will also want file a concurrent adjustment of status application. However, at the time of the adjustment interview the officer will likely raise the "public charge" issue. At minimum your boyfriend should take care of the IRS problem, or get a co-sponsor. In addition, you will have to show that you were lawfully admitted to the United States in order for your adjustment application to be accepted by USCIS. Common proof include I-94 card or stamp in passport.

    See question