Published on Lawyers.com and the Epoch Times on October 21, 2016
Q & A.
I am a J-1 student, my visa is expired but my I-20 is still valid and I am an on academic training(currently working). I am married to a green card holder. My situation is that I recently lost my mother in law and I need to go back to my country for the funerals. I do not how i am going to reenter in the USA.
Mr. Lee answers:
I do not completely understand your question as J-1 students have DS 2019 forms and F-1 students have I-20’s. However, the fact that your visa is expired means that you will have to make application for another visa to come back to the U. S. Both J-1 and F-1 visas require a showing of nonimmigrant intent. Your being married to a green card holder could certainly cause a problem. That is a risk that you would have to take if you go back home. I note that some consular officers would issue the visa as long as you convince them that you would return home instead of attempting to adjust your status to permanent residence in the U. S. Another factor could be whether your spouse has already filed an I-130 petition on your behalf.
What Happen If a Minor Child Tries to Come to USA After He Overstayed Before?
My son came to this country legal with VISA from Guatemala, he stayed more than the legal time Immigration gave him and he start School here, 2 years later he return to Guatemala but we want to bring him back to USA, his VISA is not expire yet so I want to know if there is any possibility that immigration agent let him stayed in the country for what would happen to him?
Mr Lee answers:
For purposes of answering your question, I will assume that your son holds a visiting visa. If your minor son overstayed the period of time on a visiting visa, his visa is automatically canceled even if the date on it has not expired. Technically he would have to seek a new visa from the American consulate before attempting to come to the U. S. If he decides to come on his present visa, there is a large possibility that he will be turned back at the point of entry because of the overstay and that the visa is automatically canceled.
I May Be a Victim of Marriage/Immigration Fraud, Should I Contact Immigration Enforcement?
My non-citizen spouse has abandoned me multiple times over our nine year marriage. He/she has come back with convincing promises of change but has left shortly after he/she gets money. He/she has delayed accepting an agreement for an uncontested divorce and now refuses to sign any agreement until the marriage hits 10 years, by his/her own words, to get half of my SS benefits. This occurred right after I refused to give him/her money. I am convinced he/she entered the marriage to get money and citizenship, nothing more. Should I contact immigration enforcement? Can this be a basis for annulment?
Mr. Lee answers:
In your fact situation of your non-citizen spouse abandoning you multiple times over 9 years of marriage and returning to you for financial reasons, I doubt that the Department of Homeland Security would be interested in your case as you have already had a nine-year relationship with your spouse. I cannot tell you whether your situation would be a basis for annulment as I handle immigration law exclusively.