Published on and the Epoch Times on November 4, 2016

Q & A.


I Came On an F-1 Visa and Plan on Asking for Asylum

When is it the best time to ask for it and where?

Mr. Lee answers:

You are allowed to request asylum during the time that you are an F-1 student going to the I-20 school or a reasonable period of time after you stop attending. The best time to ask for it is when you have your case entirely prepared. Applications for asylum are submitted to regional service centers of U.S.C.I.S. and distributed thereafter to the asylum offices having jurisdiction over your place of residence. 


Check Status of Naturalization Case

I applied for naturalization in January 2016. My green card expired in February 2016. I was scheduled for in interview for May 2016 and I passed my interview. It's been months and I have not heard back to see if there is an issue with my approval. My family applied with me and got their interviews after mine but they were approved and had their naturalization ceremony within a month of their interview. Is it normal for me to wait this long after my interview? Is there anything I can do to check on what is taking so long. I've been following my case on the USCIS website and no there are no updates since my interview was scheduled.

Mr. Lee answers:

It is difficult to know the reason for which your case is being held up. I suggest that if you have only been following your case on the U.S.C.I.S. website, you should schedule an infopass with the field office to see what is happening with your case. I note that under the rules, a naturalization applicant should file for replacement green card unless the green card will be valid for six months past the date of filing the naturalization application. However, I have not heard of any naturalization application being denied because of this.

How to Apply for Reentry Where Criminal Conviction Which Was Basis for Deportation Has Been Vacated?

Client was deported to Dom. Rep. He had conviction for aggravated felony, which was vacated per motion to withdraw guilty plea. He was LPR for over 20 years, with all family and own children here. The only ground for deportation was conviction. How does he apply for reentry.

Mr. Lee answers:

As the client has an order of deportation, he would have to have that removed before he could be restored to a permanent resident and allowed to come back. His attorney should file a motion with the court of deportation to have his case reopened. He or she may have to deal with the question of what happens next in the criminal proceedings after the withdrawal of the guilty plea. Also for what reason the court vacated its order. 



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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