Published on and the Epoch Times on February 23, 2018

Q & A.


I Am A Mother Having a Permanent Resident Status in The USA. I Have An Unmarried Son To Be Filed As A Relative.

What can we do to get him here as permanent? He is here at present as a visitor. His first sister is a USA citizen.

Mr. Lee answers:

I will assume for purposes of your question that your unmarried son is over the age of 21. As a permanent resident, you can file a petition for him under the F-2B category, and the waiting time would be approximately 7-9 years. He must stay unmarried.  If his sister files a petition for him under the F-4 category for siblings, the waiting time would be approximately 10-12 years. He is not allowed to stay in the country just because either you or his sister files a petition for him.


What Was The Best/Safe Route to Take On OPT Extension or H-1B?

I am in F1-OPT status from May 2016, which expired on July 2017. I filed my H-1 in Consular Processing on April 2017, which was picked in lottery and it’s still in progress. As opt expired on July 2017, I approached my college for stem extension before 45 days but my college informed me that I was in CAP GAP till sep 30 and not eligible to apply for stem extension. I do have couple of questions running on my head • Question 1: I applied H1B in counselor processing which doesn’t include change of status, why my cap-gap is initiated; I still had the valid opt? • Question 2: Can I apply for opt-ext on CAP GAP with parallel to H1-ConsularProcess? • Question 3: Do I need to go immediately for stamping after the change of status approved in H1-Consular Process? • Question 4: Will cap-gap extended in case of my H-1B RFE?

Mr. Lee answers:

Where an individual has an H-1B filed on his or her behalf which states that the petition is for consular processing and not for change of status, the cap gap extension does not apply. Your college was wrong in informing you otherwise. It would not appear to have been contrary to the rules for you to request a STEM extension under your circumstances. If the H-1B is approved and the petition was marked for consular processing, you would not receive a change of status. For the H-1B to go into effect, you would have to go outside the US for a visa interview and stamping. 


I Am 18 Years Old. I Wanted to Know That If I Get Married to My Boyfriend Will The Age Matter When I Try to Fix For Him?

Mr. Lee answers:

At the age of 18, you are free to marry and sponsor your boyfriend for the green card. I note that you will have to be able to show proof of ability to support or have a cosponsor who can take up the financial burden. Much more important will be a showing that the marriage is bona fide and not entered into for the primary purpose of obtaining your boyfriend’s permanent residence. 





Copyright © 2003-2018 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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