Published on Lawyers.com and the Epoch Times on August 31, 2018
Q & A.
If My Boyfriend Was Almost Killed in His Country Can He Get Asylum Even Know He's in Jail For Illegal Entry Twice
My boyfriend was here once before got sent back but almost got killed when he got better he fled and got on federal probation while we lived got raided they charged him with illegal entry for the second time. But he can't go back they will kill him and I also gave some info to help catch somebody and worked with an officer to get my boyfriend good help and probation was happy and everything do you think know he's got a chance.
Mr. Lee answers:
If your boyfriend has the probability of being persecuted in the home country, he may be able to stay here in the country even though he may have had a prior order of removal. When DHS attempts to reinstate the prior order of removal, he can still make an application for withholding of removal or withholding under the Convention against Torture in which he will have the burden of proof of showing that it is more likely than not that he would be persecuted. The immigration judge in most instances withholds action on the case while DHS sets up a reasonable fear interview. Assuming that he passes that, he would have his day in court to apply for withholding of removal.
My NVC Case Preference Category Was Changed From F-2B to F-1
My question is can I ask to keep my case at F-2B? What I can do in this case?
Mr. Lee answers:
To keep your case preference F-2B, you would have to have the assent of U.S.C.I.S. and communicate back with the Service center which approved the I-130 petition. There is no set procedure for doing such, and so it may take quite some time before U.S.C.I.S. confirms that you may keep your F-2B visa classification.
U.S. Citizen Wants to Apply Green Card for His Wife While Both Living Abroad
I have two question regarding my sister immigration status. She and her husband are living in Iran now, and his husband is a US citizen an wants to apply green card for her. My first question is: 1) Since his husband does not have bank account in US now, can she list me as her financial supporter in her application? (I am living in US on H-1B visa) 2) is it required that his husband proves that he intends to live in US? If it’s needed how he can support his intention?
Mr. Lee answers
Unfortunately you cannot be a financial supporter in an immigrant visa case. A cosponsor can either be a permanent resident or US citizen. At the time that the wife will be interviewing at the US Embassy for the green card, the husband will have to prove domicile in the US. Domicile can be shown in a variety of ways, such as possession of a US home, US job offer, US bank accounts, a recent pattern of voting in the US, etc.