Published on and the Epoch Times on November 20, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Italian Citizenship/Brazilian Citizen in the U.S.A.

I have lived in the US for 13 years, only got work permit and legal status 2 years ago (DACA- I have to renew every 2 years), but I entered the U.S. with a valid visa, I was a minor. I am about to get an Italian passport because I have been married to a Brazlia/Italian citizen here in the US for 3+ years. Now, after I get my Italian passport, can I travel back to Brazil? I can't travel now because I have to ask for advanced parole, and I don't have a sickness/death in the family, medical issue or humanitarian issue to be able to ask for a permission to travel. I would really like to be able to travel with a red passport to see my family, but I don't know how that will affect my DACA status here in this country. I figure I still need to ask for parole, but is there any good side to all this? What benefits am I able to have in the travel area with this Italian passport, if any?

Mr. Lee answers:

Unfortunately an Italian passport will not help out your present situation. As a beneficiary of DACA approval, you are constrained by US immigration laws so that you cannot leave without forfeiting your status unless you obtain advance parole which is only given for humanitarian reasons, business or study purposes.

Q&A 2.

Will ACD Not Create Problems in My OPT Application?

I have been charged with petit larceny. I had consulted a lawyer, and he said 99% he can get me an ACD. My court date is 29 October. I am on student visa. I have already applied to OPT (Optional Practical Training) to USCIS before this case happened. Now my application is in progress with the USCIS. My question was, will this case hinder my OPT application with USCIS and stop my EAD card process which USCIS will otherwise issue me?

Mr. Lee answers:

I have not heard that an ACD would have any effect upon an OPT application. While U.S.C.I.S. has been known to hold adjudications on permanent residence and naturalization where ACDs are involved, those reasons would generally not apply to an OPT application. Pettit larceny is generally not considered a serious offense, and the ACD is not a conviction. 

Q&A 3.

Will the Discrepancy Between my I-20 and my Transcript be a Problem for my Future Application for Work Authorization and Green Card?

I transferred my program of study and I forgot to renew my I-20 until the end of the quarter. Therefore my I-20 will show the start date of my study is the second quarter instead of first quarter. But I actually transferred to a new program at the very beginning of the quarter so my transcript have my grades for the first quarter. I am told by Advisor from International Center that I may need to explain this discrepancy in the future if I applied for work authorization or green card.

Mr. Lee answers:

In applying for work authorization such as H-1B or green card, U.S.C.I.S. usually wishes to see that a person has been maintaining legal status during all the periods of time that he or she is in the country. Where you have disconnecting I-20's where the ending date of one does not meet the starting date of another, there could certainly be questions concerning your maintenance of status. You may have to explain the situation and a U.S.C.I S. officer would hopefully accept your explanation. If not, you could be asked to leave the US and make another reentry to resolve the situation. Kindly note that a reentry to the US in the future under legal status will generally take care of the potential problem.

Q&A 4.

Immigration Status

My current immigration status is granted withholding of removal through asylum. How I can apply for better status, like green card?

Mr. Lee answers:

It is usually difficult for a person who has been granted withholding of removal through asylum to apply for the green card. That is because a granting of withholding carries with it an alternate order of removal. Therefore if you had to leave the US in order to perfect an application for permanent residence, you would in effect be deporting yourself. However if you entered the country legally, or have the benefit of section 245(i) under which someone who is illegal is allowed to adjust status to permanent residence upon the payment of a fine amount if he or she had a labor certification application or immigrant visa petition pending by April 30, 2001, there is a good chance to have your case reopened and permanent residence awarded if there is a suitable basis for doing so such as marriage to a US citizen in the first instance and any other bases on the second.



Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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