He can't be compelled to file immigration paperwork.
Even if he were a citizen and able to get immigration for his family
quickly and easily, he is not obligated to include them in any petition.
On the other hand, they might be eligible for other forms of relief based
independently of him.
So if he is trying to ensure that they also return to China, he won't
necessarily be successful.
*Asma Warsi, Esq.*
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Original Message------
Client is a Chinese National. He, his (separated) wife and daughter are here on an EB-5 (Investor's Visa).
If he intends to stay, he would need to file INS paperwork in the next few weeks. He has decided he may just return to China. His experience here has been a Family Court nightmare with a false DV allegation (dismissed after trial), a pendente lite order for 100% of the family income, the removal of his daughter from his home (under the DV TRO - but she wasn't compelled to be returned home after it was dismissed at trial), lawyer's fees, etc... Not sure I can blame the guy.
Question - immigration counsel said there's certainly no way a State court judge can compel him to stay. It involves fees to the INS, making various certifications about his desire to be here, etc. If he goes, his Wife and daughter will have to go as well.
If he stays (he's depressed, but many people including me are trying to talk him out of going home), can he be compelled by a State court judge to also apply for his wife and daughter to stay? And case law or authority on it? I'm researching, but figured maybe someone here would know off the top of his/her head.
Thanks -
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David Perry Davis, Esq.
112 West Franklin Avenue
Pennington, NJ 08534
www.FamilyLawNJ.pro
Voice: 609-737-2222
Fax: 609-737-3222
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