Published on Lawyers.com and the Epoch Times on January 19, 2018
Q & A.
I Have F-1 Visa. If My Asylum Application Denied, Can I Get OPT?
OPT approval needs non-immigrant intent, because it's a non-immigrant visa. Applying for asylum shows immigrant intent. Can denied asylum affect my chance to get OPT?
Mr. Lee answers:
If you are still in F-1 status at the time that the asylum application is denied, the denial should not affect your nonimmigrant status and ability to obtain OPT. U.S.C.I.S. questions on immigrant intent are focused on persons who have filed for immigrant visa petitions or immigrant visas or adjustments of status to permanent residence.
Will A Lawyer Be Able to Help Me With The Process of a Change of Status If I Am Married With an Expired Not Stamped Visa?
When I entered the states back in 2000 my visa was not stamped and the form I 94 cannot be traced, I went over to an immigration office and I was told that when we file eventually I will Have to Juarez, is there a way that it can be done without me leaving the states?
Mr. Lee answers:
The normal practice where an individual entered the country legally and has no documentation of entry would be to file an I-102 application to replace an I-94 card. The chances of an entry being located are more where individuals came in by air or by sea. Land border crossings may prove more difficult to prove where a person claims a legal entry. If you are not able to obtain proof of entry, you are not adjustable to permanent residence even if you marry a US citizen unless you have the benefit of §245 (i), under which individuals would have had to have a labor certification application or immigrant visa filed on their behalf by April 30, 2001 and be physically in the country on December 21, 2000. If you have neither siyuation, you may still be able to obtain permanent residence outside the US by having the I-130 petition approved, filing and seeing the results of an I-601A waiver application while still in the US, and if approved, going outside for a consular interview which would in all likelihood result in an immigrant visa. The I-601A waiver waives the 10 year bar for being illegal in the US for at least one year and is based upon establishing extreme hardship to a US citizen spouse or parent.
Do I Qualify As Qualifying Relationship for Hardship? My Boyfriend of 24 Years Is Being Held by ICE.
My boyfriend of 24 years is being held by ICE for aggravated felony in 2009 he came legally in 1991 with his father we met in 1992 and started living together in 1994 had our son in 1996 and daughter in 2001. I have proof of our 24 year relationship.
Mr. Lee answers:
Whether you can help out your boyfriend will likely depend upon the answer to a number of questions with the first being whether you hold permanent resident or US citizen status, and if so, whether you are willing to be married with him or he with you. Other questions are whether he entered the country legally, and the type of aggravated felony for which he is being held. There is a possibility that certain types of aggravated felonies can be waived when a person is seeking permanent residence in the US. I strongly suggest that you have a consultation with an immigration lawyer to go over your and your boyfriend's entire situation and see what options may be available.