Published on the World Journal Weekly on January 10, 2016

Q&A 1

Reader Wishes to Know If He is U. S. Citizen As He is Facing an Aggravated Felony Conviction.

A son asks:

I am facing an aggravated felony conviction, but know that if I am a U. S. citizen, I am protected from deportation. My situation is that my father came here as a young child as a visitor, got married to a U. S. citizen, became a U. S. citizen himself, and I am currently a person in his 30s who had a legal U. S. citizen guardian since before the age of 16. Am I a U. S. citizen by law?

Dear reader,

The answer to whether you are a US citizen may depend upon when you became a permanent resident. If you were living with your father, he was a citizen, and you were under the age of 18, you may certainly be a citizen if you had the green card. If not, you probably are not. The fact that you had a legal guardian since the age of 16 would not make you a citizen because a legal guardian is not same as an adoptive parent.

Q&A 2.

What Does my Father Have to do Who Was Deported 10 Years Ago - I'm a U.S. Citizen Now?

In 2004, my father was ordered removed in the immigration court and he left in November 2005. Now the 10 years are up. I am a U.S. citizen and will be applying for him. I know that I have to file the I-130 petition to start, but what other forms or waiver applications need to be done to bring him back?

Mr. Lee answers:

Any issues relating to your fahter's removal will come up at his consular appointment. When your father is interviewed for the immigrant visa, he should have proof of the date that he left the U.S.; and proof of where he has been and what he has been doing ever since he left. I do note that consular officers have been known to ask for items which may not be tremendously relevant where prior deportations are concerned in the interest of caution, but where there is no fraud or criminal charges or other bar, no further forms nor waiver applications should be necessary.


Q&A 3.

Will Employer Letter Saying that Company Will Sponsor for H-1B Endanger Me From Getting my OPT?

I am an F-1 student who is applying to renew the OPT and got a position letter from my present employer that says that they are willing to sponsor for my H-1B next year. Will I have a more difficult time getting my OPT extension because of this?

Dear reader,

An F-1 visa holder is supposed to have nonimmigrant intent. Although an H-1B status is still nonimmigrant, it has dual intent in that an individual can be holding nonimmigrant status and still have a desire to immigrate. It would probably be safer to obtain another offer letter without the mention of an H-1B sponsorship in the future. Some adjudicators may take it the wrong way.


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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