Q&A’s published on Lawyers.com and the Epoch Times – 09/22/2017 1. DACA 2. How to Apply for My Husband to Come to the U.S.? 3. What Will Happen If I Withdraw My Green Card Application Before the Interview?

1. DACA

Would my renewal be denied if I haven’t renewed my DACA working permit over a year? I have no criminal or bad records at all. I work and go to school.

Mr. Lee answers:
DACA was terminated by the Trump administration on September 5, 2017, with a proviso that cases could continue to be processed for individuals who filed an initial or renewal request for DACA and employment authorization by September 5, 2017, or filed a renewal request by October 5, 2017 if their statuses expire between September 5, 2017 – March 5, 2018. As you do not appear to fit within either of these categories, your DACA renewal at this time would most probably be denied.

2. How to Apply for My Husband to Come to the U.S.?

I got married with a foreigner overseas and I am pregnant now.  I would like him to come here to the USA and to attend his baby’s delivery and get his green card too.  W got married on November 14, 2014 and I have been going back and forth to visit him.  I don’t have a job at this moment and he is the one providing the support for me.  I would like to know if he can be approved to come here with me.

Mr. Lee answers:
I assume that you are a US citizen or permanent resident of the US. You can sponsor him on form I-130 petition for alien relative and once approved, have him go through consular processing for an immigrant visa interview at the US embassy. On the question of support, you would have to fill out the I-864 affidavit of support form, but if you do not have enough to support him financially, you can have a relative or friend of means be a cosponsor and guarantee on another form I-864 that he or she will support your husband at the time that he comes here. Unfortunately I doubt that the paperwork will clear in time for him to attend his baby’s delivery.

3. What Will Happen If I Withdraw My Green Card Application Before the Interview?

I am an international student on F1 VISA. I started my PHD at the University of Florida. I dated a girl there 2.5 years until I had to move to University of Michigan since my boss moved. I had to give up 3 years of work and start over in the lab if I would have stayed.  We were so much in love, when I was leaving Florida my girl friend said we should get married and live apart until I finish my degree and then live together.  I love her so much that I could not say no to her even I knew that it is so hard to maintain long distance relationship.  So we got married and I applied for green card.  I just had my finger print taken a month ago.  In the mean time I met a girl and fell in love in two weeks.  I am trying so hard to get rid of her from my mind but totally helpless and my wife can sense it and we are having fight so much. What to do?

Mr. Lee answers:
You appear to be in a position to choose, and it would seem that the choice is between staying with your wife and perhaps obtaining the permanent residence or going with your new infatuation. This is a choice that you would have to make yourself dependent upon the feelings in your heart. 

Q&A’s published on Lawyers.com and the Epoch Times – 09/15/2017 1. Immigrant Visas for Father and Stepmother 2. My Citizenship Was Denied. Is It Worth Appealing My Case? 3. How to Apply Student Visas for My 10 Years Old Nephews?

1. Immigrant Visas for Father and Stepmother

I’m a natural born Filipino and became US citizen, Can I apply a petition to my step mother at the same time together with my father? They are legally married before I came in the USA.

Mr. Lee answers:
The rule on petitioning for a stepparent is that the marriage between the natural parent and the stepparent be celebrated before you reach the age of 18. If such was the case, you can apply for your stepmother at the same time with your father. If not, you can only apply for your father.

 2. My Citizenship Was Denied. Is It Worth Appealing My Case?

My citizenship was denied on the basis that my husband and I were not living together. My husband was in the military when we got married.  He came out august 2014 and went to school in September the same state he had worked in. the intention was for me to move to the state he was but then that December I got a diagnosed with a health condition that required treatment 3 times per week. I did not want to burden my husband my sickness and told him to continue with is schooling while I stay in my state and get treatment. We sort of got use to been apart. He did not visit often but we took a vacation couple month ago.

Mr. Lee answers:
I assume that you applied for citizenship on the basis of three years instead of the normal five based on the fact that your husband is a US citizen. The three-year route has a mandatory requirement that you reside together at all times during the three years (short breaks may be acceptable). In your case, you have stated longer than short periods of separation. It would not appear to be worth appealing your case. You should file under the five-year route which does not require that the couple reside together very closely.

3. How to Apply Student Visas for My 10 Years Old Nephews?

I am an aunt wanting to apply for visas for 2 kids under 10 to study in the USA from Mexico.  Do I have a chance?

Mr. Lee answers:
It is difficult under any circumstance for consular officers to give student visas to children under the age of 10 to study in the US. That is because there is less assurance of a finite date for the end to their studies and the return to the home country when the children are so young. It would help if the children are from a wealthy family and you are wealthy yourself.

 

 

Q&A’s published on the World Journal Weekly – 9/10/2017 1. Can We Still Do Fiancée Visa After Getting Married in Taiwan? 2. What to do About the FNU on My Visa? 3. What Should I Do if My F-1 Change of Status Has Been Filed Without Results Since January 2017? 4. Can My Wife Get the H-4 Visa Stamp While I Am Processing An H-1B Transfer to A New Company?

1. Can We Still Do Fiancée Visa After Getting Married in Taiwan?

We decided some time ago that we would get engaged, do a K-1 fiancée visa (I’m a U. S. citizen), she would come over, and we would get married within 90 days. We wanted to do the fiancée visa because that is shorter than filing directly for the green card. However, our families in Taiwan are now objecting and want to have a big marriage in Taipei in September. I know from looking at Immigration’s processing time that we will not even be close to having the K-1 petition decided by that time. Can we go ahead with the wedding to satisfy our families and still continue processing the fiancée visa?

Dear reader,
A K-1 fiancée visa presupposes that there is no recognized existing marriage. In this case, where there will be a legal Taiwanese marriage, such will prevent you from obtaining a K-1 visa. In such case, the proper way to do it is to have your wife file and I-130 petition and once approved, go through consular processing at the AIT.

2. What to do About the FNU on My Visa?

My U. S. visa has the words “FNU” for my first name and both my first and last names in the place for my family name. What am I supposed to do to straighten out my name?

Dear reader,
FNU means “First name unknown.” If you filled out the visa application correctly with your first and last names appearing where they should have appeared on the visa application form, such a mistake would be on the part of the consulate or embassy. You should take the visa back, explain the mistake, and request the cancellation of the visa and a new visa with your correct name and without the FNU.

3. What Should I Do if My F-1 Change of Status Has Been Filed Without Results Since January 2017?

I came to the U. S. as a visitor under B-2 visa in September 2016, was given 6 months to stay, and filed for a change of status to F-1 student in January 2017. Since then, I have heard nothing after getting a receipt in February. Should I be worried? Is there anything that I can do? Is this normal? Please note that my financial sponsor is my father and he has been overseas for the past 2 months.

Dear reader,
Applications for change of status to student are being adjudicated with dates of receipt of 1/9/2017 at the Vermont service center and 4/16/17 at the California service center. Cases are being transferred from one center to another dependent upon the workload in a service center. If your case is being adjudicated by Vermont, it is not current. If in California, you should receive an adjudication or other correspondence soon. You can check your receipt and any correspondence that you have received from U.S.C.I.S. to determine where your case is at. If in the California service center, you can communicate with U.S.C.I.S. at its 1-800 number, 1-800-375-5283. The fact that your sponsor is your father should not have a negative impact on your case.

4. Can My Wife Get the H-4 Visa Stamp While I Am Processing An H-1B Transfer to A New Company?

I got the news from the company that sponsored my H-1B that it would not sponsor me for the green card, and so I started looking for another company. Now the new company has started sponsoring for my H-1B transfer. It is now close to the time of the first H-1B anyway. My wife had to go back to Hong Kong recently because of health problems with her mother. She will need to have a new H-4 visa to come back. Do you think that she can get a new H-4 visa when I am in the middle of the transfer process?

Dear reader,
If you are still with your old company, I do not see that your wife would have a problem with the H-4 stamping on that issue. However, if you have already transitioned to the new company, the consular officer may ask your wife to wait until your situation is resolved before issuing her the H-4 visa.

Q&A’s published on Lawyers.com and the Epoch Times – 09/08/2017 1. Fiancé Visa 2. Can Dependent Work with EAD and EB-1 I-140 in RFE Status? 3. How Can My Boyfriend Get a Visa to Come Visit Me in the US?

1. Fiancé Visa

Do I need to obtain a fiancé visa to marry my fiancé who is a British citizen in the US? We both divorced last year.

Mr. Lee answers:
If the alien is in the United States, a fiancé visa is not required. You can move directly to filing for the green card. A fiancé visa is utilized where the alien is outside the United States.

2.Can Dependent Work with EAD and EB-1 I-140 in RFE Status?

I am in H-1B status. I got my green card applied through my company in EB-1 category 1.5 yrs before. Also have received employment authorization card (EAD) and advance parole (AP) for myself and dependents. In this situation my I-140 went to request for further evidence (RFE) status. Would like to get some suggestions that whether my dependent can work with EAD. If yes, the what will happen to H-4 status. Can anyone help me to proceed further? I am happy to discuss with a legal adviser, please help me to get the amount I need to pay to get these info

Mr. Lee answers:
I assume that you filed form I-485 applications to adjust status for yourself and all members of your family. The EAD’s are based upon the I-485 filings. As long as the I-485 applications are still pending, you and your dependents are still entitled to work authorization. I do note that dependents working with an EAD in your family’s circumstances would be in violation of their H-4 statuses by virtue of their working. They would then be depending upon the status that they receive from the I-485 applications.

3.How Can My Boyfriend Get a Visa to Come Visit Me in the US?

My boyfriend and I met online 13 months ago I have never met him in person but we have had video chats, he wants to come here so we can get married, but we don’t know how to go about it.

Mr. Lee answers:
I will assume that you are a US citizen for purposes of your question. Under US law, a K-1 fiancé visa can be given to a foreign national where there is a bona fide relationship and the parties have met within the past two years. Rather than concentrating on having your boyfriend come here to visit, you should perhaps consider going and visiting him in his home country. If the fiancée visa is ultimately approved and he enters the US, you would have to marry within 90 days of his entry.

 

 

Article “DACA and What Lies Ahead” as published in the Immigration Daily on September 6, 2017.

As published in the Immigration Daily on September 6, 2017.

President Trump’s ending of the DACA (Deferred Action for Childhood Arrivals) program on September 5, 2017, was hardhearted in act and tone. Given a choice between fighting to preserve the program in court against an alliance of 9 attorney generals threatening to sue to end the program or caving in to his Attorney General Jeffrey Sessions who would not defend against a suit and pressure from his white nationalist base, Mr. Trump chose the latter. Although the ending of the program provides 6 months for Congress to pass legislation to save the Dreamers and work permission (those expiring by March 5, 2018, have one month until October 5, 2017, to apply for a new two-year permit), Mr. Trump clearly put the onus on Congress. His later day vacillating tweet that if Congress could not legalize DACA in 6 months, “I will revisit this issue!” appeared to be another of his empty threats as he already gave up his authority to continue the program. It remains to be seen how enthusiastic he will be in fighting for saving legislation, but early indications are that he will do little for the Dreamers. Instead of conciliatory expressions of regret and hope, the President took the opportunity to slam former President Obama for creating the program through executive authority; emphasized that he stands by his “America First” agenda; stated that “We must also have heart and compassion for unemployed, struggling and forgotten Americans”; called the program an “amnesty first approach”; and his press secretary Sarah Huckabee Sanders said that Mr. Trump would support Dreamer legislation, as long as Congress passed it as part of a broader immigration overhaul to strengthen the border, protect American jobs and enhance enforcement.

In other words, the chances of Dreamer legislation passing unscathed and alone are not good as the Republicans can be relied upon to hold the bill hostage for other items on their anti-immigration wish list. Mr. Trump himself in his official statement on the ending of DACA put forth his views:

Before we ask what is fair to illegal immigrants, we must also ask what is fair to American families, students, taxpayers, and job seekers.

Congress now has the opportunity to advance responsible immigration reform that puts American jobs and American security first. We are facing the symptom of a larger problem, illegal immigration, along with the many other chronic immigration problems Washington has left unsolved. We must reform our green card system, which now favors low skilled immigration and puts immense strain on U. S. taxpayers. We must base future immigration on merit – we want those coming into the country to be able to support themselves financially, to contribute to our economy, and to love our country and the values it stands for. Under a merit-based system, citizens will enjoy higher employment, rising wages, and a stronger middle class. Senators Tom Cotton and David Purdue have introduced the RAISE Act, which would establish this merit-based system and produce lasting gains for the American People.

The RAISE legislation would chop off family-based immigration for parents of U. S. citizens, adult children of U. S. citizens and permanent residents, and brothers and sisters of U. S. citizens, as well as terminate the visa lottery program. Its effect would be to lower U. S. legal immigration by half within 10 years.

There is less incentive for Congress to act within the 6 months because of Mr. Trump’s vacillating tweet. Democrats would be harder pressed to agree to significant anti-immigration measures given the justification that the President would take up the topic again anyway. Mr. Trump can also justify to himself a Pontius Pilate washing of the hands attitude having given his empty threat instead of taking a leadership role and working with Congress to ensure the passage of Dreamer legislation. For without heavy pressure from above, even the heavy to-do list of Congress may stymie the passage of Dreamer relief as Congress must deal with the consequences of Hurricanes Harvey and now Irma, Mr. Trump’s repeated sorties in resurrecting repeal and replace of the ACA, tax legislation, infrastructure spending, and stopgap measures to fund the federal government if a compromise cannot be reached by the end of September.

While expressing great sympathy and empathy with the DACA recipients, immigration proponents and all those opposed to the Trump agenda should look hard to establish the tone for elections in 2018 and 2020. The 2018 midterm elections provide an opportunity to stymie Mr. Trump’s rogue style of governing if one or both houses of Congress can be regained. 2020 presents the chance to rid the nation of his presidency. The difficulty is that while Mr. Trump’s popularity is sagging tremendously according to the polls, many of his supporters decry or say nothing about him in public and vote for him in private. They see the choice as clinging to the lifestyle of conservative and/or center values that they were born with and going with a Pied Piper promising to take them back 20 years ago when their lot was better or looking with horror at a future of liberal values including rebellion against the police and other authorities, gender bending, attacks against the establishment, gay rights, the expansion of blacks and other minorities’ rights, and global trade agreements enhancing the fortunes of many in the nation but not them.

To capture enough votes in this populace, Democrats must go back to center left and not farther to the left. The Party must lower the volume on the left, and Democrats must appear more attuned to the concerns of those in small town America. Statue bashing for one should stop as it leads to confrontation and confuses many who regard the statues only as sign posts to American history. Protest must continue as people must be continually made aware of what is worth fighting for, but unhelpful confrontations like in colleges between students and teachers over professors’ remarks should be de-escalated as they seem to be part of an unwarranted leftist movement against free speech. In the recent cases involving Evergreen State College in Olympia, Washington, and Yale University, the scenario appeared to be the extreme left attacking the moderate left.

Although this must seem antithetical to the instincts of many liberals, many must know in their hearts that their stridency is taken with alarm by many in the center and is anathema to them and to conservatives who wonder what and where their place would be in a nation with such values. As for the Dreamers, one hopes that they will continue to dream and work towards a peaceable nonviolent solution to their status. Acts of violence out of frustration would damn them at a time when they have the sympathy and ear of most Americans.

Q&A’s published on the World Journal Weekly – 9/3/2017 1.I Did Not Register for Selective Service. Am I Eligible for Naturalization? 2.Are Translations in Chinese Required for Consular Interviews in Guangzhou? 3.Checked the Immigration Online System, but Have Not Received the RFE Sent by U.S.C.I.S. – What Can I Do? 4.What Are the Chances of My Girlfriend Getting a Visiting Visa to the U. S.? 5.When Will I Get My Naturalization Interview?

1. I Did Not Register for Selective Service. Am I Eligible for Naturalization?

At the time that I adjusted my status to permanent residence at the immigration office in Chicago, no one told me that I should register for Selective Service. Now I am too old to register (28) and wonder whether this will affect me a lot if I try to apply for citizenship now. What should I do?

Dear reader,
The policy manual of U.S.C.I.S. says that those who are over 31 years of age and did not register for Selective Service are eligible for naturalization even if they knowingly and willfully failed to register. Applicants between 26 – 31 may be ineligible and U.S.C.I.S. would allow the applicant an opportunity to show that he did not knowingly or willfully fail to register or that he was not required to do so. Applicants under 26 years of age would be generally ineligible (as they still have time to register). In your case, if you wish to apply now, you should obtain a status letter from Selective Service (for more information, go to www.sss.gov or call 1-888-655-1825) and write out the reasons for which you did not register along with your lack of knowledge of the requirement and submit such with your application (U.S.C.I.S. prefers a typed or printed statement). Otherwise you can wait until age 31 at which time not registering will no longer be an issue.

2. Are Translations in Chinese Required for Consular Interviews in Guangzhou?

My father is petitioning for his sister who is in China, and has documents in Chinese to further show that she is his natural sister. They were both born in a remote place in China where much documentation was not available. Do the documents have to be translated into English? The I-130 petition was approved many years ago.

Dear reader,
The National Visa Center (NVC) confirmed recently that translations are not required on documents if they are in the official language of the country in which the person is applying for the immigrant visa. Where there are translations, the translations must include a statement by the translator that the translation is accurate and the translator is competent to translate. The NVC notes that some embassies or consulates may have additional requirements, and applicants should always follow the documentary instructions on the Embassy or Consulate’s interview instructions.

3. Checked the Immigration Online System, but Have Not Received the RFE Sent by U.S.C.I.S. – What Can I Do?

My wife filed an I-130 family petition for me, and in checking the U.S.C.I.S. online status screen understand that U.S.C.I.S. sent her a request for evidence (RFE)  last month. We never received anything. What are we supposed to do?

Dear reader,
The first recommendation is to contact the National Customer Service Center of U.S.C.I.S. at 1-800-375-5283.  Your wife should indicate that she did not receive the RFE even though the online case status system shows that the RFE has been sent, and request a duplicate RFE. If there is no response within 30 days, she should send a follow-up email to the service center which is holding the case including the SM RT number in the follow-up email that she would hopefully have received from first communicating with the National Customer Service Center. She can also try an Infopass with the local U.S.C.I.S. field office to see whether it can access and print out a copy of the RFE for you.

4. What Are the Chances of My Girlfriend Getting a Visiting Visa to the U. S.?

I am in the U. S. with a green card and my girlfriend (35) who is from Malaysia is presently working as a nanny in Singapore. One of her friends just got a touring visa to come to the U. S. She is thinking about making an application. What are her chances?

Dear reader,
Tourist/visiting visas are given in the discretion of the American consulate. Your girlfriend’s situation does not appear to be promising for tourist visa, but she can try. She would have to convince the American consular officer that she has sufficient ties and bonds outside the United States that she will not stay along with sufficient monies to support herself without working during the period of visit.

5. When Will I Get My Naturalization Interview?

After filing for naturalization, I received my biometrics appointment in March 2017. Now I am just waiting for the interview notice from U.S.C.I.S. I am in Philadelphia.

Dear reader,
From looking at the U.S.C.I.S. processing time chart, it appears that naturalization interviews in Philadelphia are being scheduled between 11-12 months from the date of submission. As fingerprints are usually taken approximately 1-2 months after submission, I assume that you filed in January or February 2017. Assuming that the processing time chart is accurate and that this is a normal case, you could expect to be called for an interview within the 3 – 4 months.

Q&A’s published on Lawyers.com and the Epoch Times – 09/01/2017 1. H-1B Filing for New Cap 2. Married to US Citizen But Thinking to Divorce 3. Looking for An Immigration Lawyer Near Elko, NV

1. H-1B Filing for New Cap

I initially came on H1 Visa in 2005 and went back to my home country in 2010. 4 years of my visa was used. Recently I have claimed the 2 years and back in US, which is valid till July 2018. My question is, can my company file for a new H1 (Uncapped) for 2018, while I am still working for them with the 2 years (renewed cap exempt visa).

Mr. Lee answers:
Unless there are extenuating circumstances such as 365 days passing since a labor certification application was submitted or an I-140 preference petition being approved for a person from a country with backlogged quota, you would not be able to extend the maximum six-year period on the H-1B visa by having your company file for a new H-1B (capped or uncapped) in 2018.

2. Married to US Citizen But Thinking to Divorce

My sister is married to US citizen for 2 yrs and received her green card (expires in 2 yrs) recently. They have many issues and she is thinking about divorce but not sure what will happens to her residency?

Mr. Lee answers:
Your sister could still obtain her permanent card if she divorces and is able to prove to U.S.C.I.S. that she had a bona fide marriage to her husband prior to the divorce. If so, she should collect and hang on to all documentation showing that they have been living together. These would include items such as copies of leases or deeds, rent receipts, utility bills, banking statements, telephone bills, cable bills, credit card bills, car, life, or health insurance, etc.

3.Looking for An Immigration Lawyer Near Elko, NV

We are looking for an immigration lawyer that can help my fiancé get her son’s papers so that he can be here with us in the states permanently…he lives in Mexico.

Mr. Lee answers:
Persons looking for immigration lawyers do not have to look for lawyers in their immediate vicinity. Immigration law is such that most cases do not require a lawyer within a proximate area. For the type of case that you are talking about, the petition would not go to a local immigration office, but to one of four U.S.C.I.S. service centers after first being receipted by a lockbox facility in Texas. Following a service center approval, the son’s case would be shuttled for further processing at the National Visa Center in Portsmouth, New Hampshire, before being sent for consular processing to the American Embassy in Mexico City or Consulate in Ciudad Juarez.

 

 

Q&A’s published on the World Journal Weekly – 8/27/2017 1. Reader Wants Legal Services Quote for Naturalization Case 2. Came to U. S. As a Visitor, Applied for F-1 Student Change of Status, Now 6 Months Without Decision – Anything to Do?

1. Reader Wants Legal Services Quote for Naturalization Case

I have been in the U. S. for over 10 years, the last 5 with a green card. Because of all the talk against immigration with this administration, I have decided to go for U. S. citizenship to be safe. Please give me a ballpark figure on what it would cost me if I went through a lawyer.

Dear reader,
Most naturalization cases without complications and without requiring interview appearances by attorneys are less than $1000. U.S.C.I.S. charges $725 unless there is a request for fee waiver or fee reduction.

2. Came to U. S. As a Visitor, Applied for F-1 Student Change of Status, Now 6 Months Without Decision – Anything to Do?

I came here in September 2016 as a B-2 visitor, and made an application to change my status to F-1 student in January 2017. I received a receipt, but so far that is all. I was given 6 months to stay, and that expired in March, but I’m still waiting at this time. What can I do?

Dear reader,
According to recent U.S.C.I.S. policy, B-1/B-2 holders wishing to change status to F-1 student must maintain status through extension of B-2 until the time that U.S.C.I.S. makes the decision on the F-1 change of status application (U.S.C.I.S. notice, “Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School” dated 4/5/17). You would have to file for a late extension at this time, but such can be excused and favorable discretion exercised where the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner and the Service finds the delay commensurate with the circumstances; the alien has not otherwise violated his or her nonimmigrant status; the alien remains a bona fide nonimmigrant; and the alien is not subject to deportation proceedings or removal proceedings. Here the extraordinary circumstances may be that the change of policy by U.S.C.I.S. came about after your status expired; the delay may be commensurate with the circumstances if you did not know of the new policy until now and put in a quick request for extension; and you have hopefully not otherwise violated your nonimmigrant status; and are not the subject of deportation or removal proceedings.

Q&A’s published on Lawyers.com and the Epoch Times – 08/25/2017 1. Can We Get a Green Card in Spite of Our Removal Proceeding Case? 2. Will I Have Trouble Entering the Country/Extending My Visa? 3. Derivative Beneficiaries’ Financial Sponsor

1. Can We Get a Green Card in Spite of Our Removal Proceeding Case?

Our son petition us and was approve by INS. My husband was in custody due to illegal stay. He was released and judge closed the case subject to re-calendar. When my son reached 21 years old he petitioned us and was approved by INS. However, when we applied for green card approval was pending until judge clear us of removal proceedings. We hired a lawyer and a request to re-calendar the case was made. This has been submitted two years ago but of this date no action from the judge. Please advice any measure to take to expedite papers. We have been in the country for 24 years. We are not a terrorist, we are not a criminal. We are working here productively and pay our taxes. Our only fault is overstaying in this country.

Mr. Lee answers:
It appears that the immigration judge was sympathetic in having your husband’s case administratively closed until your son reached the age of 21 so that your son could then petition for both of you and the judge would be able to grant some form of relief. The delay in re-calendaring the case is likely because immigration courts these days are tremendously backlogged with hundreds of thousands of cases and the dates for hearing are being scheduled further and further down the road. If your lawyer has not done so, he or she should keep reminding the immigration court of the request to re-calendar your husband’s case. Your attorney can also communicate with the ICE attorneys to see whether they can push the court.

2. Will I Have Trouble Entering the Country/Extending My Visa?

If you have been given a citation for a possession of a false ID (you have not been arrested, fingerprinted, or processed) and you get your case dismissed then expunged in court. Will it affect reentering the country or getting my visa extended? I am a foreign citizen here on an F-1 and plan on getting the F-1 renewed one last time.

Mr. Lee answers:
If your case was dismissed and then expunged in court, you should still be able to reenter the US under an F-1 visa. Even if you had to have the visa renewed at a US consulate or embassy overseas, you would likely not have a problem as the visa application form asks about arrests and convictions, not citations,  and according to you, you were not arrested or even fingerprinted.

3. Derivative Beneficiaries’ Financial Sponsor

My US citizen brother was sponsored me for us immigration visa and I got my interview letter in September 2016 including my wife and my 10y daughter (both are derivative beneficiaries) but some personal family issues my wife and daughter was not came with me for interview. I got visa alone and now I am lawful permanent resident here. My wife and my little daughter case is still open and ready for interview but my brother is not want to both come here. He asks me to submit new petition by yourself. My brother already submitted I-864 to all my family when NVC asked. I missed my wife and daughter here and same my wife and daughter missed me in India i am working (job) in USA but my income is low because i am new here. My question is that can i use other joint affidavit of support for this current case or submit new petition again on by my behalf for my wife and my 10y child in F2A category and also let me know how much time to take interview after new petition file.

Mr. Lee answers:
To use your brother’s petition for your family’s immigration, he would again have to be the I-864 affidavit of support sponsor. You would not be able to use somebody else’s affidavit of support in lieu thereof. You can submit your own petition for your wife and your child under the F-2A category and the processing time will probably be approximately 2 years. For that, you would give your I-864 affidavit of support and if not enough, you would be able to present a cosponsor as long as the co-sponsor’s affidavit of support appears to be credible to an interviewing U.S. consular officer.

Q&A’s published on Lawyers.com and the Epoch Times – 08/18/2017 1. Missed My Naturalization Interview 2. Can I Hire Another Lawyer? 3. Asylum and Student Visa?

1.Missed My Naturalization Interview

Missed my naturalization interview, but I have contacted the USCIS multiple times before the interview. Now I am told to contact them within 30 days. Recently I had received a letter that request me to give an explanation for my failure to appear at the naturalization interview, otherwise my case will be closed. Weeks before the interview I had submitted documents in the federal building to explain my situation, and the documents has been stamped. I had also called the USCIS in regard to the documents I submitted and I received a Referral ID to prove that I had contacted them. Upon my second visit to the federal building, the assistant from the office said that it will be safe for me to miss the interview because my documents were stamped by the office. I was told by her that the USCIS will contact me in 3 months for a new test date. Despite all my efforts, I received the letter that I mentioned in the beginning. I am out of the country and would not be able to appear in the federal building within 30 days, I had tried to call the USCIS office and were unable to reach an operator. Any suggestion will be greatly appreciated.

Mr. Lee answers:
What happened to you is unfortunately more than an irregular occurrence. Missed appointments occasionally result in tremendous delays in having appointments reset, and even worse, sometimes denials. I suggest that you immediately respond to the letter along with giving copies of the documents that you previously submitted to the federal building to explain your situation. In your letter, you can also reference all the times you’ve been in contact with U.S.C.I.S. concerning the issue. With any luck, you will be rescheduled soon. 

2.Can I Hire Another Lawyer?

I have a green card and my husband too, I apply for my daughter but they denied her case, I want to take another lawyer that can help. My daughter have already social and work permit.

Mr. Lee answers:
You are of course free to choose another lawyer for your daughter’s case. The proper course would be for you to make an appointment with the other lawyer and bring all the paperwork including your daughter’s denial so that the lawyer can make an accurate assessment of what is happening with your daughter and exactly how he or she can help out. 

3. Asylum and Student Visa?

I just have few questions for you :
1. My family is here and they haven’t applied for asylum. And they are about to.
2. I still have a valid tourist visa but I’m about to convert it into a student’s status.  Will it affect me ?

Mr. Lee answers:
If you decide to go on your own path and not join the request for political asylum, your application to change status to student would be adjudicated on its own merits.