Published on and the Epoch Times on October 20, 2017

Q & A.


Can My Husband Get Denied for His Green Card Because I Gave False Information to Receive Food Stamps?

I had reported falsely in the past about my husband income to receive food stamps. I stop receiving them. But I didn’t get caught or fined that I gave wrong info. Now I want ask for my husband green card then after for his U.S. citizenship. Will it come up in the process? Will the immigration see we gave information about his work income but will see we gave other information to receive food stamps. I know I’m sorry. I am embarrassed of my own actions.

Mr. Lee answers:

US immigration law assigns blame according to the individual who did the act. If your husband had nothing to do with your giving false information to receive food stamps, he would not be held accountable. The chances are that the food stamp incident will not come up in the process since he does not have a criminal record from it.


Did I Have Chance to Fill Out the I-130 For My Mother If Her I-94 Expire 2 Months Ago?

After several entrances without any problems at this time she was coming to visit the family last Christmas and the I-94 expire on late June 2017. She is a retired 70 years old and I want to change her tourist statues and proceed to petition her. What do you recommend the best step to fallow. Extended her stay to have enough time to be process her legalization or introduce first her I-130 without any problems.

Mr. Lee answers:

If your mother is 70 years old and still in the United States, you would be best off applying for her adjustment of status here in the States if that is the wish of both of you. For that, you would not only be filing the I-130 petition, but also the I-485 adjustment of status along with all the other related forms and documents and filing fee. The fact that she qualifies as the immediate relative of a U. S. citizen exempts her from the requirement of maintaining status in order to file for adjustment of status to permanent residence.

C1/D Visa

Am I qualified to apply for cancellation of removal? Since I came here with C1/D visa then got married and have been here for 9 years now. Just want to be prepared next year will be my 10 years here. Or aside from applying for cancellation of removal (next Year if ever) is there any other way to get my status adjusted?

Mr. Lee answers:

As a person coming to the US with a C1/D visa, you are not qualified to apply for cancellation of removal as crewmen are specifically barred from this relief by statute.  If you were in another category than crewman, you could apply at the end of the 10 years as long as you have a parent, spouse, or child who is a US citizen or permanent resident. You would have to prove 10 years unbroken residence, good moral character, and exceptional and extremely unusual hardship to your qualifying relative if the cancellation of removal application is not granted.




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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