Article “This Is What They Love To Hear – Stories Of Immigration Misery”

As published in the Immigration Daily on September 17, 2018.

 

Where did the America go of honor, charity to strangers, and love of country? It’s missing. Terrible things are happening on the immigration front. Countless lives are being upended by the present Administration’s policies running roughshod over the entire terrain of immigration, regardless of whether people are legal or illegal. The abuses run from forced separation of children from their parents, deporting people to certain death who fail credibility interviews which now have incredibly heightened standards, allowing people on the southern border to bake in the sun for days on end to make a claim for asylum, changing asylum standards to exclude those basing claims on gang and domestic violence, dragging out the immigration process to resemble the old slow ways and days of the 1980s and 1990s, putting a target on H-1B specialty occupation petitions by sending out astonishing numbers of requests for evidence and denials, denying record numbers of L-1 intra-company transferee petitions, and changing rules by fiat making it more difficult for all legal non-immigrants to change status to student, punishing F, M, and J students who may have fallen out of status in the past even due to the fault of the school, discouraging all who think to apply for adjustment of status to permanent residence if they have no backup legal status as a denial will result in a Notice to Appear (NTA) in the immigration court as to why they should not be removed (presently on hold as U.S.C.I.S. figures out how to implement the rule), and denying cases filed on 9/11/18 and after without opportunity to correct through a Notice of Intent to Deny (NOID) or Request for Evidence (RFE) if required papers or forms are missing in an application.

On the launch pad are three proposed rules which cannot be done by fiat, but that the Administration will try to ramrod through shortly – a public charge rule designed to bar lower income immigrants and the ability of their sponsors to file for them (read mostly Hispanics and blacks from other countries, not Europeans), an asylum rule to enshrine by regulation the disallowance of asylum for victims of domestic or gang violence and bar from asylum those who enter the country illegally and are convicted of illegal entry (read Hispanics), and a rule to stop employment authorization for H-4 spouses of H-1B specialized occupation aliens which is currently in final clearance and review. It should be noted that, at least with these three, the public will have a notice and comment period before the rules can be implemented.


And yet this collective misery is absolute music to the Administration and Trump supporters across the United States. In this case, one man’s trash is another man’s treasure. Events that shock the sensibilities of many concerned citizens besides the attack on immigration such as those on the environment, regulations enacted to prevent economic disasters, opposing health care and abortion rights, championing underfunded tax cuts giving great advantage to the rich, and tolerating rampant corruption in his administration for as long as possible for loyalists are met with great cheer and leaves one to wonder whether there will ever be a last straw with Trump supporters before the midterms,

Yet moderates and independents who voted for Mr. Trump and the Republicans in 2016 should consider whether it is time to assert American values in a repudiation of the Republican Party which has lost its soul to Donald Trump, a vainglorious amoral man without love of anything besides himself, perhaps his family, and his business empire. A man who denies reality, has told 5000 lies as commander-in-chief, plays the sycophant to Vladimir Putin, toadies up to other dictators for no discernible national advantage, brushes away time-honored allies, supported the Russian denial of interference in the 2016 elections over the assessments of US intelligence agencies, begins trade wars which are economically sapping the country, has extramarital affairs and lies to cover them up, and believes that his federal agencies including the Department of Justice should be used to hound his political opponents and give him political advantage rather than impartially dispense justice. Besides a mean and malevolent spirit, the best reason for which things should not continue in their present state is his lack of interest in any complicated issue as remarked upon by many in the White House who have variously been quoted as calling him an “idiot,” has the attention span of a child,” “brain of a kindergartner,” “anti-trade and antidemocratic,” “f_ _ _ _ _ _ moron” and “The Big Problem: The president did not understand the importance of allies overseas, the value of diplomacy or the relationship between the military, the economy and intelligence partnerships with foreign governments.”

Hopefully the America of men and women who have given their lives for love of country will return and we can begin to see the end of the enthrallment with a president who acts more like a crooked used-car dealer, grifter, and circus barker selling sideshow tickets to see the unicorn and three headed giraffe.

Reprinted with permission.

Published on Lawyers.com and the Epoch Times on August 31, 2018 1. If My Boyfriend Was Almost Killed in His Country Can He Get Asylum Even Know He’s in Jail For Illegal Entry Twice 2. My NVC Case Preference Category Was Changed From F-2B to F-1 3. U.S. Citizen Wants to Apply Green Card for His Wife While Both Living Abroad

1. 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.

2. 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.

3. 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.

 

Q&A’s published on Lawyers.com and the Epoch Times on August 24, 2018 1. Family Sponsored Immigration Visa 2. Come Into U.S. Illegal What Is The Option to Get a Green Card 3. In Removal Proceedings

1. Family Sponsored Immigration Visa

I am a US Citizen and in 2007 I completed the application process to sponsor my brother to come to the USA. As of now, we are not sure what the status is. We have both called the NVC and they cannot provide an answer as to why it is taking so long, if there is an issue or provide an estimate of when the visa will be provided. What other options exist for us at this point because at this rate it may about 25 years for this visa to be processed.

Mr. Lee answers:
The status of your case appears to be that the 1-130 petition has already been approved and your brother is waiting for the priority date of 2007 to become available before he can immigrate. Currently the process is taking approximately 13 years for persons born in most countries of the world except for India, Mexico and the Philippines which takes longer. As your brother has already invested 10+ years in the process, he probably needs to only wait another 3 years or so to immigrate if from any country other than those three. If he has good education or working skills, he may be a candidate for employment-based immigration. If he has much monies, he could conceivably look at the US immigrant investor scheme to immigrate. For those options, he or you may wish to consult an immigration attorney for details.

2. Come Into U.S. Illegal What Is The Option to Get a Green Card

I came here by Porto Rico I am on paroled, I am married now my wife filed for me so now what to do with the other case they gave me an I-94.

Mr. Lee answers:
It is unclear what you mean by reference to “the other case.” If there are complications, you should of course consult with a knowledgeable immigration attorney. The below advice pertains to a situation in which an individual was paroled into the country without further complications such as removal or exclusion proceedings. If you were paroled into the US and are now married to a US citizen spouse who has already filed for you, you may be able to adjust your status to permanent residence without leaving the country as the immigration laws allow adjustment of status to those who are either inspected and admitted or paroled into the country. If your spouse has a green card, you may decide to wait until she becomes a US citizen. If unable, impractical, or unwilling to become a US citizen, you and she may decide to explore the Administrations I- 601A program under which persons who are barred by their unlawful presence in the US may be able to obtain a provisional waiver of the 3 or 10 year bar, and complete their immigration by interviewing for an immigrant visa at the US home consulate or embassy. The waiver would be based upon extreme hardship to your wife If you are not able to remain with her in the US.

3. In Removal Proceedings

I am currently in removal proceedings and would like to inquire whether I can obtain a driver’s license. I have an approved I-130.  Can I obtain a driver license with the I-130 and my passport?  I have a proof of address.

Mr. Lee answers:
Most Department Of Motor Vehicles require an employment authorization card and social security number.  There is no right to obtain employment authorization from the Department of Homeland Security by virtue of just being in removal proceedings with an approved I-130.  If you have some other relief available such as an I-485 adjustment of status application pending with the I-130, you would be able to obtain employment authorization, obtain a Social Security card, and thus be able to show such to the local DMV to obtain a drivers license.  Otherwise the issuance of driver licenses is up to the discretion of each state, and there are a number that give driver’s licenses to undocumented immigrants.  Your state, Georgia, does not. 

 

Q&A’s published on Lawyers.com and the Epoch Times on August 17, 2018 1. J-1 Visa & H-1 Visa 2. Will It Impact My H-1B Appeal Case If I Have a New Job When I Wait For the Result? 3. Change Visa Status From B-2 to F-2?

1. J-1 Visa & H-1 Visa

I am currently on J-1 visa, and I am medical resident with Marshall University in WV. I will sign a contract with university of Arkansas. My question is tha I am getting married in September and I have to travel to Jordan in order to do so. If I change my J-1 visa to H-1 to start the process for the license before September, do I have to enter USA on H-1 or I can enter through J-1 visa which is valid for 4 years from now. If this is the case would it be late if I wait tell Oct. after I come back from my honeymoon to start the H-1 visa process. I need to start working by Jan or Feb.

Mr. Lee answers:
If you need to start working by Jan. or Feb. and are getting married in Sept., I will assume that your J-1 will continue with Marshall University and that the H-1B will be with the University of Arkansas. So if you intend to continue your J-1 with Marshall University when you return, the appropriate visa would be the J-1 even if the H-1B petition is still pending or approved. Please note that if the University of Arkansas is filing for a change of status, leaving the U.S. during the pendency of the H-1B is considered an abandonment of the change of status.

To meet the timeline of Jan. or Feb., the University of Arkansas could file your H-1B petition in Oct. and hope to have it approved in time. The University would be filing at the Vermont Service Center which is presently processing cases anywhere from 3 weeks to 4 months. It could also request premium processing (if the case is pending and the time is near) under which U.S.C.I.S. will reach the petition for adjudication within 15 calendar days for an additional fee of $1225 and the filing of form I-907.

2. Will It Impact My H-1B Appeal Case If I Have a New Job When I Wait For the Result?

I’m now working for employer A with my full time CPT, A applied H-1B for me this year but it was denied, we just submitted motion for reconsideration. Heard the appeal process could be 1 year long. If I transfer my CPT and work for employer B, will it impact my H-1B appeal case? If new employer applies H-1B for me next year, will it impact my H-1B appeal case?

Mr. Lee answers:
As long as employer A continues with your motion for reconsideration, your H-1B matter would not be affected by your transfer of CPT and working for employer B. A petition by your new employer for H-1B status next year would also not impact your H-1B appeal case as long as the first employer is willing to continue.

3. Change Visa Status From B-2 to F-2?

I am currently in United States on B-1/B-2 visa which is expiring on August 2018. My wife is on an F-1 visa and we are staying together. We both have marriage certificate from U.S. office, I-20 updated with both of our names, my letter, her bank statement, and passports. The only confusion that I am getting is regarding the sponsorship letter in the U.S. Do I have to show this stating that I will sponsor myself or my spouse should show that letter from her side?  Are the letter and bank documents sufficient stating that I/her will provide all the expenses during my stay in the United States? 

Mr. Lee answers:
U.S.C.I.S. is concerned over your ability to be adequately supported during the time that you are under F-2 status so that you are not tempted to work unlawfully in the country. You can provide your own letter explaining how you will be financially supported. If you or your wife have sufficient financial resources, you could show that. If your wife has a financial sponsor for her F-1 schooling, that same financial sponsor if capable could also provide you with an affidavit of support. An affidavit of support can also come from any other reliable source and is usually done with an I-134 affidavit of support form, job letter, bank letter or latest banking statement, and the last year’s tax return.

 

Q&A’s published on Lawyers.com and the Epoch Times – 8/10/2018 1. How to Sponsor My Nephew for Visiting Visa? 2. Is There Any Way For Me to Get Back Into America If I Am Under a 10-Year Bar? 3. Citizenship Through Marriage

1. How to Sponsor My Nephew for Visiting Visa?

My brother, who I have sponsored and has been granted a visa to the US, wants me to sponsor his 4 yr old child too.  Both my brother & sister-in-law, have visiting visas to the US, but now they would like me to be a sponsor to my nephew, who is 3.5 yrs old. Plus, they want me to sponsor the mother-in-law, who cares for the boy. What forms do I need to complete? What is required from me?

Mr. Lee answers:
The assistance that your brother is asking from you does not appear to have much success potential. It would take a very sympathetic US consular officer to grant a visiting visa to a small child and for someone who is not a parent to take care of him while in the States. This would especially not look good since your brother and his wife have visiting visas to the United States also.  Questions would be why they did not present the child to begin with when they applied for their visas, and also why they need the mother-in-law to take care of the child if they are here in the US on visiting visas. Would the answer be because they are planning to stay and illegally work in the States?  I suggest that you might ask your brother to reconsider his request to you if this is the case. 

2. Is There Any Way For Me to Get Back Into America If I Am Under a 10-Year Bar?

My parents took me to America when I was 9 months old. We stayed for my entire life up until 3 years ago. I am currently in Korea and I would like to go back for college. But I heard that I cannot because I’m under a 10 year bar. I really need to go back to study. I’m ok with living on my own. Is there any way I can go back before 10 years?

Mr. Lee answers:
Assuming that you left the US after you turned 18 (10 year bar only applies to those in US at 18 who were illegal for a year or more), you can apply for an F-1 visa at the American consulate or embassy and apply for a waiver of the 10 year bar. The procedure will vary from Consulate to Consulate, and you may wish to communicate beforehand with the American consulate or embassy in Korea as to whether it wishes you to bring in waiver papers at the time of the F-1 visa interview. It will then be up to the consular officer of whether to recommend a waiver to the Admissibililty Review Office (ARO) of DHS which makes a final decision as to whether a waiver can be approved.

3. Citizenship Through Marriage

I need to apply for citizenship through marriage based green card. My wife traveled for six month to INDIA. Am I still eligible for 3 years?

Mr. Lee Answers:
In applying for citizenship based upon the three-year rule involving marriage to a US citizen, U.S.C.I.S. expects that the alien will be constantly with the US citizen spouse. Whether you can do it on the basis of three years where the wife traveled to India for six months may depend upon whether your wife had more than one trip, e.g. three trips of two months each, the timing in between the trips, or whether you accompanied her when she traveled to India. If your wife traveled to India one time for six months without you, it is questionable that U.S.C.I.S. would allow you to take advantage of the three-year rule.

 

Q&A’s published on the World Journal Weekly – 7/29/2018 1. Son Wants to Apply for Mother Previously Denied at Consulate in a Marriage Case – Any Foreseeable Problems? 2. Cap-exempt H-1B Moving to Non-cap Exempt H-1B Got RFE, Company and Applicant Have Questions. 3. I-485 Adjustment of Status Application Was Denied Because of Medical Examination Mistake by Doctor – Should I Appeal or Refile?

1. Son Wants to Apply for Mother Previously Denied at Consulate in a Marriage Case – Any Foreseeable Problems?

My parents were divorced in 2002, and my mother remarried a U. S. citizen in 2004. He applied for her and she had an interview at the American consulate in Guangzhou in 2005 at which time she was denied because the consular officer was not convinced that the marriage was bona fide. I came to the U. S. through my marriage to my U. S. citizen wife in 2014 and just became a U. S. citizen this year. If I apply for my mother, will she have a problem from her old case or will she be OK since she is now applying on the basis of my application for her?

Dear reader,
The difficulty with cases that are rejected for the consul’s not believing the marriage is that U. S. law will not allow a person found to have engaged in a fraudulent marriage to immigrate under any visa petition category to the U. S. If your mother has proof that the marriage is indeed bona fide such as a child with the U. S. citizen husband or much proof that they had a bona fide relationship from 2004 for a long period of time such as constant communications, correspondence, monies sent from the husband to the wife, trips to China over the years by the husband to visit her, etc., she could put that forward to erase the presumption of fraudulent marriage. Lacking that, some consular officers may still have doubts in their minds on the bona fides of the marriage, but settle upon allowing the applicant to file an I-601 application to waive grounds of inadmissibility – in effect, leaving the decision up to U.S.C.I.S. Other consular officers may be fully convinced that there was a fraud marriage, and simply deny an application like your mother’s without giving recourse to any relief.

2. Cap-exempt H-1B Moving to Non-cap Exempt H-1B Got RFE, Company and Applicant Have Questions.

My current H-1B is non-cap and with a university in the Northeast. It will expire on August 31, 2018. The school is not applying for an extension, and I worked it out with a private company to sponsor me for a cap H-1B in April. I was selected, but we just got a request for evidence (RFE) from U.S.C.I.S. that asks a lot of questions as my new employer is a computer consulting company. The company lawyer says that any response will take about 60 days to process from the time that we send it back. Assuming that we will not get a final answer until after August 31, what are my options? I began working with the private company since June 25, 2018, while still working for the university. Can I continue to work after August 31? Can I travel out of the U. S. during the time that the RFE is being processed?

Dear reader,
In your case, any authority to work as concurrent employment with the private company while at the university would cease when the H-1B work ends with the university. At that point, you would have to wait for the H-1B by the private company to be approved before continuing to have the authority to work for it. (Please note that as a cap H-1B only begins on 10/1/18, you would have to wait until that date even if the petition is approved in September). During the time that you are still working for the university, you can travel outside the U. S., but only upon the expectation that you will continue to work for the university when you reenter the States. If you are not visa exempt or have a current H-1B visa, please be aware that it may take time for the U. S. consulate or embassy to process an H-1B visa for you. In that situation, there is also the possibility that administrative processing or denial at the consulate or embassy could leave you with no option to return to the U. S. until the H-1B at the computer consulting company is favorably adjudicated.

3. I-485 Adjustment of Status Application Was Denied Because of Medical Examination Mistake by Doctor – Should I Appeal or Refile?

I filed my I-485 application to adjust status to permanent residence based upon employment with my company in 2016. For some reason, my case took a long time, but I received a message from U.S.C.I.S. in March 2018 to give in a new medical examination because the old one had already expired. I went to the doctor’s office, took all the new tests, and sent in the medical result in a sealed envelope to the Texas service center. I just received a denial of my I-485 in late June saying that the medical result that was in the envelope was only a copy and not an original and that I had not given a sufficient response. This is baffling to me because I did not have a chance to look at what the doctor sealed in the envelope. Can I appeal the case? Can I refile?

Dear reader,
At this time, the choice appears to be between filing a motion to reopen with a new medical or refiling your I-485 case. (The law does not allow an appeal of an I-485 denial at this stage. U.S.C.I.S. is not likely to issue a notice to appear (NTA) to you for you to go before the immigration court under your circumstances.) Some factors that you may wish to take into account are that a motion to reopen is variable in time and with uncertain result while a new I-485 filing generally adheres to published processing times of U.S.C.I.S. and the result would likely be favorable if there are no other inadmissibility factors. Please note that any motion to reopen must be received by U.S.C.I.S. within 30 days of its sending you the decision. Good luck to you!

 

Article “What Concerns The President And The Answers”

As published in the Immigration Daily on July 24, 2018.

 

Commie loving, pinko… President?! In the 1950s and 60s, they would have run you out of town on a rail. Selling out US intelligence in favor of Russian denial was lunatic and treasonous from a President, regardless of how you walked it back after pressure from your base. Your rise to power was unfortunately fueled by Russian involvement with or without the complicity of you and your campaign, and the fears of white America that its place in the sun would be replaced by a more diverse America. To that end, your base of conservatives and whites including evangelical church leaders has tolerated your sexual misbehavior towards many women, your adultery, and your endless lying. Your agenda has been not to make America great again, but white again.

To appease your base of non-college graduate whites who were stuck in the economy, you have taken a great many steps to ensure that the country marches relentlessly towards fuller than the optimal rate of employment, thus forcing employers to find and pay higher wages for workers. But it is obvious to even a non-economist that high inflation will be the price to pay for your ruinous actions of trade tariffs, and chasing the undocumented from the country. With trade tariffs, the price of goods coming into the country for US consumers will be higher. With the inflated wages to be paid US workers, US employers are raising prices on their goods, so the US consumer can expect no relief in buying domestic goods. The continual cycle of employers looking for workers, workers demanding higher wages, and employers having to raise prices to compensate is one guaranteed to lead to spiraling inflation and loss of earning power. There are not enough U. S. workers to go around, and the relief valve of immigrants is being hounded out of the country by you and your cohorts by any means, legal or illegal. To you, the only good nonwhite illegal is a deported one, and it is highly doubtful that you recognize that the Constitution applies to them also. The future augers worse for workplace replenishment as U. S. women are not reproducing at sufficient rates to replace the present population.

The problem, Mr. President, is that you are unconcerned about the long-term effects of your policies – you only look to the short-term like a burglar in a house before the police come as you have doubts that you legitimately belong in the White House and are trying to do is much to promote your agenda before the voters come for you in the midterms and 2020. Part of your strategy is keeping up stock market prices as long as you can so that voters approve of your performance. You believe in the Roman concept of panem et circenses – bread and circuses to keep the crowds happy. In your case, the bread appears to be stock prices and employment and the circus is your daily media circus. The Federal Reserve is the independent institution tasked with monitoring the economy and taking the proper steps to ensure that it does not seize up or move too fast. It recognizes that where there are strong signals of inflation (2.9% climb in June numbers), it should tap the brakes by raising interest rates and making money harder to borrow for companies thinking to expand or to start new projects. Yet such a move almost always rattles the stock markets, causing the Dow to tumble. With the midterms so close, you insinuated yourself last week in the Fed deliberations to express your displeasure on its decision to raise rates, an unwarranted and dangerous move made not for the welfare of the country but for yourself. Your displeasure was especially threatening as you have already nominated 5 members to the Fed board.

Mr. President, although it is now late in the game, could you do and act like you promised on the night of your election that you would be a President for all Americans?

Q&A’s published on Lawyers.com and the Epoch Times – 7/20/2018 1. How Can I Speed Up the Immigration Process for U.S. Citizen’s Sibling Case? 2. Can a US Citizen File Immigrant Paper for Goddaughter? 3. Can My Mother Get Her US Citizenship Back After Being Deported For a Drug Related Offense?

1. How Can I Speed Up the Immigration Process for U.S. Citizen’s Sibling Case?

My dad is in process immigration and his category is F4 brothers and sisters of U.S. citizens application processing date is 27 mar 2003. I investigate on page of visa Bulletin and there appears application processing date 1/8/1998. How can I speed up the immigration process? 

Mr. Lee answers:
I assume that with your reference to a 1998 visa bulletin date for the F-4 category, your family is born in Mexico or the Philippines. The rest of the world except for India, Mexico, and the Philippines is already up to the year 2004 for immigrant visa availability in the F-4 category. Unfortunately there is no speeding up of the category unless the dependent spouse is born in another country. In that event, there could be a cross-charge of the dependent’s country of birth instead of Mexico or the Philippines. I would suggest that if your father or mother has education or an employment based skill that could be the subject of employment sponsored immigration, that would probably be a better way to go. The EB-2 category for persons with advanced degrees (or bachelors +5 years of progressive experience) is current for Mexico or the Philippines born, and the EB-3 category for skilled workers or those who only have a bachelor’s degree is current for Mexico and up to January 2017 for the Philippines. 

 2. Can a US Citizen File Immigrant Paper for Goddaughter?

I am a U.S Citizen and I will like to bring my 23 years goddaughter who is deaf by birth from Panama to live with me. Is this possible?

Mr. Lee answers:
There is no category under U. S. immigration laws for a U. S. citizen to petition for or bring in a godchild to live with that individual. If she is educated or has past experience that could be the basis of an employment based nonimmigrant or immigrant visa, perhaps those are areas to be explored. 

3. Can My Mother Get Her US Citizenship Back After Being Deported For a Drug Related Offense?

My mother was deported back to Mexico after doing her time in prison for transporting drugs in Texas. That was 20 years ago. She has talked to a few lawyers about trying to get a pardon to be able to come back to the states. One told her to save her money because she would never be able to. Her mother recently passed and she went to the border to see if she could apply for a pass to see her mother. She was told it would never happen. She has lost hope. I need to know if there is any way she can legally come back to the states to be with her family.

Mr. Lee answers:
The U. S. government cannot deport a U. S. citizen for a crime committed after the individual is naturalized, so I will assume that your mother was either a permanent resident or the crime was committed prior to her becoming a U. S. citizen. Drug transportation is treated very harshly under the U. S. immigration laws, and the fact that a few lawyers have already gone over her case and not encouraged her is an indication that she will not gain any immigration relief. There is no immigrant visa waiver that covers drug transportation. The best hope was probably trying to obtain a non-immigrant waiver at the border based on emergent humanitarian reasons, but that was apparently turned down. Her case unfortunately does not look encouraging at all unless she is able to overturn the criminal conviction. 

 

Q&A’s published on Lawyers.com and the Epoch Times – 7/13/2018 1. Get Green Card From Visitor Visa 2. I Have H-1B Visa Until 2021 so If I Apply for Asylum Will This Affect My H-1B Visa Status. Will My H-1B Visa Be Canceled? 3. Transferred H-1B Visa, Got I-797B Consular Approval, But Have A Valid I-94. Is Consulate Visit (stamping) Needed Immediately?

1. Get Green Card From Visitor Visa

I am citizen in USA. My mom came here on visitor visa. I want to apply for her green card what can I do for it

Mr. Lee answers:
If your mother is already here in the US on the visiting visa and you wish to apply for her green card, you and she can put in papers to adjust her status to permanent residence. That is assuming that she did not have the intention to adjust status when she first entered the country. If she did not, she is eligible for adjustment of status. You would file form I-130 petition for alien relative, and your mother would concurrently file an I-485 application to adjust status to permanent residence. The package with all the other forms and documents would be sent to the Chicago lockbox of U.S.C.I.S. The agency may or may not decide to interview your mother on her immigration application. Processing times can vary, but normal is between 9-12 months. 

2. I Have H-1B Visa Until 2021 so If I Apply for Asylum Will This Affect My H-1B Visa Status. Will My H-1B Visa Be Canceled?

I am living in the USA since 2012. I have M.S. degree in Math major from USA. After I graduated I started to work with OPT (OPT stands for Optional Practical Training, this allows F1 students to work on a full time basis for one year after they have completed their studies, in a field related to their major) last year. Last year the company that I worked for applied for H-1B visa for me and it has been approved so I have got H-1B visa status. However, I want to apply for Asylum because if I will go to my country I have life-threatening condition due to political issues and my human race. That is why, it has been 2 years that I did not go to my country because of life-threatening condition. I am afraid if I will apply for Asylum and my H-1B visa will be canceled then I will have to go back to my country which it is going to be terrifying for me.

Mr. Lee answers:
If you have a legal nonimmigrant status like H-1B & are maintaining it, your applying for political asylum will not cancel the H-1B status. In applying for asylum while in status, you will only have one chance to prove your case for asylum. That will be at the local asylum office. If your case is denied, you will receive a notice of such action, but U.S.C.I.S. will take no steps to cancel your status or to put your case before an immigration court. 

3. Transferred H-1B Visa, Got I-797B Consular Approval, But Have A Valid I-94. Is Consulate Visit (stamping) Needed Immediately?

10 days after I came to US, I switched to a different employer (B), B filed for my H1B. Received H1B approval, I-797B, it states: The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons… Since the worker(s) has (have) been found ineligible for an extension of stay, we have sent notification to the consulate shown above… If a visa is issued, upon admission in this classification the worker will be authorized to be employed by petitioner for the authorized period. Current stamping valid till Dec 2019, so is I-94. (i) Am I required to immediately go to a consulate (or consulate referred in 797B) and get the stamping or can say till I-94 is valid? (ii) USCIS officer apparently saw my initial 10 days as out of status. Is it advisable to appeal that I wasn’t out of status for the 10 days?

Mr. Lee answers:
Under your current I-94, you are only allowed to work for your first employer. Since U.S.C.I.S. denied your extension of status, your work is not authorized under your second employer. In order for you to legally work for your second employer, you would have to leave the US and reenter with the new I- 797 approval. Assuming that the visa in your passport for your first employer is still valid, you can use that one to reenter the US with the new H-1B approval sheet. On your second question as to whether it is advisable to appeal that you were not out of status for 10 days, it is likely more troublesome to go through a motion to reopen or to reconsider than to leave the US and come back in. 

 

Article “Even With The Child Separation Issue, Why Donald Trump Feels Confident About The Midterms”

As published in the Immigration Daily on June 21, 2018.

 

Democrats and liberal minded people hope that the child separation issue at the border will be the tipping point against Mr. Trump as the nation recoiled at images of crying children and children behind wire fences. They hope that this time the nation as a whole sees Donald Trump for what he really is – a mendacious accidental president who will stoop to the very abyss to get what he wants. That mendacity was on full display and exposed by his finally signing an executive order on June 20, 2018, halting the separation of migrant families and the ripping of children from the arms of their parents after a string of lies as to who was to blame, why he couldn’t do it, and why Congress had to act to protect them as part of a huge immigration bill bent on curbing U. S. immigration. Yet that unfortunately is a forlorn hope.

Mr. Trump once remarked that he could stand in the middle of Fifth Avenue and shoot someone and he wouldn’t lose voters. The period of time from now to the midterms is 4 ½ months, sufficient time in his eyes and those of the Republican Party for voters to forget what they would likely call his “hiccup.” They are banking on short memory of the public. The news cycle is ever churning with new news and issues appear and disappear in the flash of an eye. That is even more so with this president who dominates the media waves almost every day with his twitters and other messages. Who remembers Charlottesville? Who will remember Marjorie Stoneman Douglas? Mr. Trump is like a magician diverting the audience’s eyes while working the other hand.

The polls paint an alarming picture to his opposition. Trump’s job approval rating in early June was 45% in Gallup polling, tying his personal high. This was roughly equivalent to the approval rating of Presidents Obama, Clinton, Reagan, and Carter in their second year. His approval rating among black men at the end of April rose from 11% to 22% according to a Reuters poll. Among the total black community, it also nearly doubled from 8.9% to 16.5%. Why? It could well be because the black unemployment rate is hitting record lows – in May, that rate fell to 5.9%, the lowest since the government started keeping track in 1972. Many Asian-Americans, especially small business owners, are supporting Mr. Trump as they feel that the current business climate is heading in a positive direction and 87% believe that the new tax law will have a positive effect on the economy.

Hillary Clinton won the majority of votes in America, yet lost the election. In the midterms, the Republicans behind Trump do not have to win the majority, just enough in the various states (many of them red) to win the elections. What do conservatives and the base of white Americans adore about Mr. Trump? They love his appointing of conservative federal judges including the Supreme Court justice Neil Gorsuch and cannot wait until one of the more elderly justices like Ruth Ginsburg or Anthony Kennedy retire or pass away; the new tax law that gives benefits to most in the red states; the constantly chipping away of Obamacare; the massive rescinding of regulations across the board, including banking and the environment; the emphasis on restructuring trade deals with allies and foes alike; his support of law enforcement even in the most questionable circumstances against the minorities; his crackdown on illegal immigration as a whole; and most of all, for the stock market’s rise to unprecedented highs and the record low unemployment rate in the country.

And so for those who would celebrate the comeuppance of Mr. Trump and think that Americans will carry the image of children living in tent cities behind wire fences to the polls in November, think of this article as the dash of cold water in the face. Democrats and liberal minded people must in the vernacular “put the pedal to the metal” and get out the vote to win the midterms rather than relying on incidents like the child separation issue to carry the tide. They should also not become more confident if polling numbers reflect better circumstances for the Democrats as many Trump followers do not acknowledge their support in public, only in the ballot box.