Published on and the Epoch Times on May 20, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

I am a Refugee and I Want to Become Citizen

I am low income $14000 a year is my income.  I need to fill out form for fee waiver. Which form I have to fill out?

Mr. Lee answers:

You would fill out Form I-912 request for a fee waiver and attach it with your N-400 application for naturalization when you submit that to U.S.C.I.S. If you do not yet have the green card, you would submit the I-485 application to adjust status to permanent residence without fee or fee waiver form if you entered as a refugee. Please note that there's a difference between a refugee and an asylee. If you are an asylee and wish a fee waiver to adjust status, you must include the form.  

Q&A 2.

Can My Brother be Deported for A Felony?

He had drug possession.

Mr. Lee answers:

If an individual is a US citizen, that person cannot be deported for a felony. If a permanent resident or a person holding lesser status, such a person is amenable to deportation proceedings for a felony. Dependent upon the circumstances, a person may or may not be deported. Such factors as eligibility for waivers or whether the state statute matches the federal deportation statute for the offense, etc., may factor in whether the person is finally deported. 

Q&A 3.

MY Wife and I Have Been Separated for Years, Do I Need to Answer All Marital Questions on the Application for Naturalization?

I have no idea where she is residing and we have been separated for years but not legally divorced, I am not sure how to fill out the [application and if I would need her help/ information to complete the application

Mr. Lee answers:

Everyone should answer all the relevant questions on an application for naturalization. I do note that U.S.C.I.S. would be more concerned with questions concerning marriages where an individual has obtained permanent residence through the marriage or has sponsored other people for permanent residence through marriage. 


Q&A 4.

Is It Possible to Transfer An Expired H-1B From Company A to Company B While I Am Outside the U.S.?

I was on H-1b(Software engineer) which is valid till Oct 2016. Last month, I switched to F-1 status to start my MBA program. After graduation, my H-1b would have been expired.  My doubt is whether a new employer will be able to file a cap-exempt h1b visa, although the work is totally different.(from software engineer to Business management)

Mr. Lee answers:

Provided that you will not have exhausted the six-year limit on the H-1B visa, you would be able to have a new employer sponsor you for H-1B status even if the H-1B work will be totally different. That is assuming that U.S.C.I.S. believes your new position qualifies as one of specialized knowledge. Your being outside the U. S. instead of inside makes no difference.



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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