A 39-year-old Mexican, Oscar Campos Estrada, who had entered the United States illegally, before 20 years, is now looking forward to remain permanently in America and to get a Green Card. He has been living in the United States as an undocumented immigrant for many years and will now be able to remain in the country for a year and more. That is because an immigration judge, on September 26th, ordered him to appear in the court, in December 2013. He may not be deported from the country until then.
Moreover, Oscar’s daughter, who was born in America, will be turning 21, in May 2013. As a US citizen, she will then become eligible to file an immigrant petition for her father, in the immediate relative category. That is because a US citizen who is above age 21, is eligible to file an immigrant petition for his parents to come and remain permanently in the United States. Family members of permanent residents will have to wait for a long time and their applications will not be processed immediately, but the applications filed by US citizens on behalf of their parents and other immediate relatives will be processed immediately.
Similarly, Oscar, will be able to file an application for adjustment of status, immediately after the immigration petition filed by his daughter is approved. If the application is approved, before his next court date in December 2013, he can show that the USCIS has approved his immigrant petition and he can request the immigration judge to cancel the deportation orders.
Oscar has been living in the country and has been working for different US employers and he does not have a permanent job. He has four children who were born in America and are now American citizens. He was encountered by the immigration officials in 2011 and he was placed in deportation proceedings. He was then released from the detention center and Oscar managed to get a federal work permit and a Social Security card, and started to work legally in America.
Now an immigration judge has ordered him to appear in the court in December 2013. In May 2013, his oldest daughter will turn 21, and he believes that he can remain permanently in the country, if his daughter files an immigrant petition on his behalf. However, he may file an application for a Green Card only if the USCIS approves the immigrant petition filed by his daughter. A spokeswoman for the USCIS also said that the immigrant petition filed for an undocumented immigrant is also likely to be rejected based on the criminal history of the undocumented immigrant.