Are 2yrGC holders safe from immigration covid temp ruling?

[IsabelleFredrick 6]

A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

[Scandi 4,166]

Anybody who is in the country illegally can get a letter like that. Doesn't matter if you have a US citizen spouse and a hundred US citizen children. Those who have pending greencard applications are under "authorized stay", they are not here illegally.

Edited May 10, 2020 by Scandi

[Duke & Marie 1,389]

She’d only get a letter to leave if she’s not legally here, if she has filed AOS and it is pending she is in An period of authorised stay and wouldn’t receive a removal letter

[Just Paul 4,595]

3 hours ago, IsabelleFredrick said:

A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

Does she have a I-485 pending?

[Lucky2Lucky 2,526]

Someone would get this letter if they are here illegally. Also sounds like she may be a public charge using medical resources medicaid, free care, etc) with little information in your post it’s difficult to give an answer.

[Crazy Cat 41,844]

5 hours ago, IsabelleFredrick said:

A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

People who are "mid AOS" are not in danger....people who properly file an I-485 are granted authorized stay until a decision has been made regarding their adjustment of status.....there is more to this story......

Edited May 10, 2020 by Lucky Cat

[malajoe 100]

5 hours ago, IsabelleFredrick said:

A friend of mine who has been in the US for many years, for medical reasons, and who has battled to get a GC, yet has had 2 children here, has been told she has to leave the US.
Im wondering who is at risk of getting a letter like this?! Esp as so many of us are mid AOS.

 

Edited May 10, 2020 by malajoe

[malajoe 100]

1 hour ago, Luckycuds said:

Someone would get this letter if they are here illegally. Also sounds like she may be a public charge using medical resources medicaid, free care, etc) with little information in your post it’s difficult to give an answer.

Being here illegally might be a legit reason. Are they using public charge as ground for removal?

[NicoleS 189]

The title of this thread implies that she is a 2-year green card holder, but in your original post you say she has struggled to get a green card (which tells me she doesn't have a green card?). If she's got a removal letter I am going to guess that she has no green card and is in the US illegally

[geowrian 22,337]

What was their status when they entered the US? What steps have they taken to extend their status?

 

Was a Notice to Appear (NTA) issued? Cancellation of Removal would be optimal, followed by voluntary departure if that isn't possible.

 

While having an I-485 means you have a period of authorized stay, it does not prevent removal proceedings in itself. If there is a reason other than just overstay to be removed, then the I-485 does nothing really.

If an NTA was issued before the I-485 was filed, then the I-485 doesn't even provide a period of authorized stay as it is sent to the court, not USCIS.

 

4 hours ago, malajoe said:

Are they using public charge as ground for removal?

Yes, public charge is grounds for removal of an alien (how it impacts LPRs is considerably different though).

Edited May 10, 2020 by geowrian

[malajoe 100]

2 hours ago, geowrian said:

What was their status when they entered the US? What steps have they taken to extend their status?

 

Was a Notice to Appear (NTA) issued? Cancellation of Removal would be optimal, followed by voluntary departure if that isn't possible.

 

While having an I-485 means you have a period of authorized stay, it does not prevent removal proceedings in itself. If there is a reason other than just overstay to be removed, then the I-485 does nothing really.

If an NTA was issued before the I-485 was filed, then the I-485 doesn't even provide a period of authorized stay as it is sent to the court, not USCIS.

 

Yes, public charge is grounds for removal of an alien (how it impacts LPRs is considerably different though).

Good to know

[Allaboutwaiting 2,503]

Maybe the friend has a conditional GC -2 years- and didn't file for removal of conditions. Therefore the letter.

[Zoeeeeeee 797]

8 hours ago, NicoleM said:

The title of this thread implies that she is a 2-year green card holder, but in your original post you say she has struggled to get a green card (which tells me she doesn't have a green card?). If she's got a removal letter I am going to guess that she has no green card and is in the US illegally

From reading another post by the OP, I think she is the 2-year GC holder - and is wondering if she'll be at risk of deportation like her friend. Hopefully from reading these answers, OP will have realised that if she's legally here and her friend isn't, their situations are in no way similar, so she shouldn't be comparing them.

[Ontarkie 14,220]

~~Moved to General Immigration Discussion, from AOS from K1/K3 - the OP is discussing a friend's situation and ("i'm going to guess here) how the EO and AOS's form K1. As this is two unrelated situation it  best fits in this forum.~~

[Cyberfx1024 7,980]

12 hours ago, malajoe said:

Being here illegally might be a legit reason. Are they using public charge as ground for removal?

Yes, they have always been denying people off of the public charge issue. Being here illegally and not pay for medical treatment would be a good case of public charge