Published on Lawyers.com and the Epoch Times on December 9, 2016
Q & A.
Change Status From F-1 to B-1
My son is on F1, OPT grace period, has few days, still in status. Can he change status from F1 to B1 to stay and explore a business opportunity?
After filing, how long will it take to know? Until then, will he be able to stay in the US without becoming out of status? What support documents are needed? What if he is refused? Would it be better to get a B2 instead? Can he start a business in partnership with US citizen?
Mr. Lee answers:
If your son has a legitimate business reason for staying in the U. S., he can ask for a change of status from F-1 to B-1 business visitor as long as the purpose of the business is short-term. After filing, it normally takes U.S.C.I.S. 3 months to reach the application for adjudication. Individuals who have made a timely request for change of status are considered to be legally in the U. S. until the time of adjudication. Supporting documents would be those papers that can explain or show what type of business opportunity it is, the length of time that it will take to conclude the business, proof of your son’s ability to support himself without having to work during the time that he is requesting, and of onwards transportation to the home country. Starting a business in partnership with a U. S. citizen could be problematical as that implies a longer-term of stay than contemplated under a B-2 visa status. If he chooses to start the partnership, he should show how the business will continue without his participation since he will be returning to the home country. If your son is refused, he could either choose to stay here without authority, attempt to gain some other type of status, or leave the country. To the question of whether it would be better for him to get a B-2 change of status, that is also a short-term visa status for which your son would need to explain the length of time that he is requesting and what he will be doing to fill up that time along with showing proof of ability to support himself and of onward transportation at the end of the requested time period.
Which is Better to Apply for Immigration from USA or Out of USA?
My wife (25 year) and my daughter (4 year) both of them is American citizens and we are living out of USA , how can I apply for immigration from USA or from out of USA ?
Mr. Lee answers:
Normally in your situation, you would apply for your immigration outside the U. S. since you are already outside of the country. Your wife could either file the I-130 relative petition at the Chicago lockbox of U.S.C.I.S., or with the local U.S.C.I.S. office in the country in which you are living. If your wife takes the latter choice and there is no local U.S.C.I.S. office in that country, she could inquire at the local U. S. Embassy or Consulate for the procedures to file the I-130 petition with the Embassy or Consulate.
Permanent Resident Cancellation of Removal
Last month my non permanent resident cancellation of removal was approved by the judge.
When will a visa becomes available to me?
Mr. Lee answers:
As we just had an approved cancellation of removal get to the point of visa availability, I can tell you that it takes approximately 3 years currently from the date of filing.