What can I do if my green card is taken away from me? 4 Answers as of April 28, 2015I was sent here in the US with K-2 visa when I was 21 and I'm already 24 now. My sponsor, who's my step father, is very overprotective of me and does not let me drive far, sleep over, come home late and tells my mom on me all the time so she and I would fight over it. He wants to control me because he doesn't have a daughter of his own. He has threatened me many times of deporting me back to the Philippines and taking my green card away from me. I told him he can't do that because I paid for my own green card. He even threatened my mom of divorcing her because of my attitude towards him. Now my mom and I are in adjustment status and we're still waiting for the arrival of our permanent green card. She and I are planning to go travel (my mom to Australia and I in Amsterdam) and we can't go out of the country until it arrives. It's been 7 months and it hasn't arrived yet. My mom already started processing her visa for Australia because she said that my stepdad wrote a letter to the Immigration office that she needs to travel. I researched about it and found out that you have to pay around $300 for advance parole and I know that he didn't do that. I'm suspecting that my stepfather is hiding my green card away from me because he doesn't want me to go to Europe either while all the expense is on me and on my boyfriend and his family. I'm still not talking to him after our fight and it has been almost a month. Now, he's even telling his friend that I am doing illegal things which I don't. I want to know what should I do if I know that he's hiding my green card away from me.
World Esquire Law Firm | Aime Katambwe
I think that before you get your permanent green card, you should try and B conciliatory towards your stepfather. It is only because of your step fathers citizenship in the US that both you and your mother have that green card. Initial green card is only for a period of 2 years as you already know. The next green card that is going to be given to you is going to depend on whether your mother is still married to your father or stepfather in this case. so until you have that green card on hand, I would recommend that you lay low that you stay humble until that time comes and then you can be free to do whatever it is that you want to do. While your green card is being renewed, meaning while eating processed your old 2 year green card is extended by a period of 1 year. Within that time you can travel anywhere you like and come back to the United States just as if that first green card were to be invalid. And in point of fact, it is valid because of that extension.
Answer Applies to: California
Baughman & Wang | Justin X. Wang
Assuming your mother and your stepfather filed a joint I-751, they should hear from the USCIS soon. In the meantime, if you need to travel, the I-751 receipt will serve as proof of status and you should be able to travel using that document. or you can go to USCIS through infopass to get a stamp on your passport showing your current status. you can also check the I-751 status online.
Answer Applies to: California
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Sorry to hear of the difficulties you are encountering with your step-father. Advance parole is only applicable while an Adjustment of Status case remains pending. There is no additional filing fee that must be paid to the USCIS when an eligible person seeks Advance Parole (a "travel document") in connection with an Adjustment of Status case, and generally it is routine to apply for Advance Parole and an Employment Authorization Document ("EAD" or "work permit") simultaneously with the filing of an Adjustment of Status case. When a "Green Card" has been lost or stolen, it is possible to apply for a replacement. Additionally, one may make an INFOPASS appointment with the USCIS's local Field Office to get a temporary advance parole stamp placed in a passport to facilitate (documented) upcoming travel. Also, be aware that an applicant may look online to determine the current status of an Adjustment of Status case. With a consultation with an immigration attorney, you and your mother could learn more about the processes involved, including the steps that can be taken in the event a couple were to become divorced. With a consultation with a domestic relations/divorce attorney, one may learn the rights and responsibilities associated with a divorce. I hope that the relationships within your family will improve. In some instances a professional counselor, whether a marriage counselor or other professional, can be helpful when there are serious strains in family relationships, and if this may be useful for you and/or your mother, you should consider this.
Answer Applies to: Georgia