Recently married, Mr. John Freed, a citizen of the United Kingdom, visits your office with his wife,
Question:
Recently married, Mr. John Freed, a citizen of the United Kingdom, visits your office with his wife, Mary Smith Freed. She is a U.S. citizen and wishes to petition for him for permanent residency or green card. His Arrival and Departure Document (Form I-94) shows that the immigration service (Department of Homeland Security-USCIS) gave him a six month entry (January 1, 2003 to June 30, 2003). He has fallen out of status. He falls into the 3/10 rule. Please answer the following questions. 1. Can his wife still petition for him? Why or why not? 2. Mr. Freed returns to the office to start his case. Since the last interview he has lost the Form I-94. How can he obtain a replacement? 3. Mr. Freed stated on his interview sheet that he has an arrest and conviction for possession of marijuana. Is he barred from applying for any benefits through his marriage to Mary? Why or why not?