Q&A’s published on Lawyers.com and the Epoch Times on June 21, 2019 1. Should I Fill Out An I-134 Form for Partially Supporting My Girl Friend Trying to Extend a B-2 Visa? 2. USCIS Sent My Green Card to The Wrong Address. Now I Don’t Want to Pay Fee for the Replacement. It Was Not Delivered Back But It’s Their Fault. 3. Marrying an American Without Seeking U.S. Citizenship

1. Should I Fill Out An I-134 Form for Partially Supporting My Girl Friend Trying to Extend a B-2 Visa?

My Thai girl friend is here on a B-2 visa. I am a graduate student who works seasonally in Alaska, and I wish for her to come with me for a few months to Alaska this summer. We are seeking a 4 month extension of her B-2 visa. Which forms besides an I-539 do we need to fill out? Should I submit a I-134 form to claim she has financial support while visiting me? 

Mr. Lee Answers:
Besides the I-539 form, she should have proof of onward transportation back to her home country on or before the stated date of departure, an itinerary of what she proposes to do in the 4 months, and proof of adequate support which could include your I-134 affidavit of support with job letter, bank letter, and last year’s tax return.

 2. USCIS Sent My Green Card to The Wrong Address. Now I Don’t Want to Pay Fee for the Replacement. It Was Not Delivered Back But It’s Their Fault.

USCIS denied my I 90 application with the reason (I never received it) because they didn’t get the card back. Now they ask either to reapply with the reason lost and pay fee or appeal/motion which also have a fee of $675 which is non refundable. Its their fault they sent it on the wrong address what should I do now. They actually sent it on my petitioner’s address other than the mailing address I provided in DS-260 form. That place was sold years ago and the people over there didn’t mail it back.

Mr. Lee Answers:
In looking over the I-90 form, there is no category to check off for a person to complain that U.S.C.I.S. made an error in mailing the card to the wrong address. The difficulty is that an application like yours could be automatically rejected by the cashier as not having the required fee. That being said, you could try to check off Part 2, Section A, 2.b that “My previous card was issued but never received”, and attach a letter of explanation with proof if you have not already done so. The other option of course is to pay the filing fee.

3. Marrying an American Without Seeking U.S. Citizenship

I am a U.S. citizen. My boyfriend is currently a Saudi F-1 visa holder going to school here. We want to get married after he graduates, but we do not intend to stay here for more than 6 months to a year, so he does not want to apply for American citizenship. Is there a way for him to change status or marry me without losing his citizenship?

Mr. Lee Answers:
Your boyfriend after marriage can seek permanent residence but not U. S. citizenship. If his idea is that he does not wish to remain in the U. S. for 6 months or more during the next few years, he could likely take out reentry permits. However, if his idea is that he does not wish to stay in the U. S. 6 months or more at anytime in the future, then he may wish to explain his situation to the American consulate or embassy in his home country in order to obtain a visiting visa for when he needs to come to the U. S.

Q&A’s published on Lawyers.com and the Epoch Times on June 14, 2019 1. Can I Enter on F-1 Visa While H-1 Application is Pending? 2. Pros and Cons of Applying for K-3 Visa After Submitting an I-130 3. I’m a US Citizen. Can My Mother Stay Over 180 Days If I Applied for Her Green Card And It’s Still In-process?

1. Can I Enter on F-1 Visa While H-1 Application is Pending?

I am on F-1 visa (valid till May 2021) working on OPT EAD which is valid till January 2020. I am applying for H1 this year. If my H1 application is picked up in lottery, then can I travel outside the USA and come back on F1 visa while my H1 application is pending? If yes, then in the case that my H1 is approved, do I have to get my visa stamped to even start working on H1? or I can get it stamped the next time i leave the USA?

Mr. Lee answers:
The difficulty is that any travel outside the United States during the time that an H-1B petition is pending is considered an abandonment of the change of status portion of the petition. With your OPT EAD valid until January 2020, you can travel with the above restriction. You might be better off waiting until the H-1B petition is approved before traveling under your OPT EAD before October. Then it might be considered that you did not travel during the time that the H-1B petition was pending. If the change of status portion of your H-1B is not considered abandoned and you did request the change of status, you would not be required to have an H1B visa in your passport in order for you to begin work in October. Please note that I along with most of the lawyers discourage applicants even with EAD’s to travel at any time before an H-1B becomes effective in October or thereafter.

2. Pros and Cons of Applying for K-3 Visa After Submitting an I-130

I’m Venezuelan living in Panama, Married to my long time boyfriend since 01/07/2017, we got married in Fort Lauderdale and then I came back to Panama, he is a US. Citizen lives in FL, now we have to start our Petition for relative and we are uncertain what to do, we know we should start with a I-130 application, then wait for I-797 and Consular Processing. Is it a Good Idea to apply also for K-3 so I don’t have to wait separated from him? 

Mr. Lee answers:
The pros and cons of filing a K-3 visa petition after submitting an I-130 would seem to be the following:

Pro – generally speaking, you would get the person here faster (approximately 3 months sooner under current processing times).

Con – you would have to pay another filing fee, fill out another petition, most likely face an adjustment of status process once the person comes in with the K-3 visa, and if the I-130 petition is approved and at the National Visa Center while the K-3 petition is still pending or also at the National Visa Center, the K-3 would be discontinued.

3. I’m a US Citizen. Can My Mother Stay Over 180 Days If I Applied for Her Green Card And It’s Still In-process?

Mr. Lee answers:
If you have already filed an I-130 petition and she has filed for an I-485 adjustment of status, she is allowed to remain in the U. S. while the application is being adjudicated. She is in a quasi legal state in which the illegal presence bar does not apply.

Q&A’s published on the World Journal Weekly on June 9, 2019 1. Will Former Marriage With Approved I-130 Petition Be a Problem When New Spouse Files Another I-130 Petition? 2. Can You Tell Me How to Count My Time For Naturalization?

1. Will Former Marriage With Approved I-130 Petition Be a Problem When New Spouse Files Another I-130 Petition?

I was in a previous marriage and we had the I-130 petition approved before things fell apart and we got divorced. Now I am in a new relationship with a US citizen who will be sponsoring me for the green card. Will my past relationship give us a problem when we make the new I-130 petition for me?

Dear reader,
It is clear that this marital relationship that you are currently in is bona fide as there appears to be a child on the way. A question that could be in the back of an immigration officer’s mind is whether your former relationship was also bona fide. Although the I-130 petition was approved, an immigration officer can still look at that relationship to see its bona fides unless there was a marriage interview. You may wish to keep any proof of the past relationship in the event that your past marriage becomes an issue. Under the law, a finding of a sham marriage for immigration benefits would bar the violator from ever obtaining a green card through being petitioned.

2. Can You Tell Me How to Count My Time For Naturalization?

I got my green card in 2014 and am wondering whether I am eligible for my citizenship. During the past five years, I have been in the United States about 750 days. I have not taken any trips outside the US for six months or more. Can you tell me when I will be eligible?

Dear reader,
The minimum amount of time in the US prior to filing is one half of the required period of residence. For five years, that would be 913 days. However, persons who compile the bare minimum may find that a naturalization officer still does not feel that the person has maintained residence for naturalization purposes where the bare minimum has been met. You are probably better off exceeding that amount significantly before making the application. On the other hand, please understand that the period of time that is counted is the five years before the date of filing. That means that “good” time that you spent in the US prior to the five-year date may be lost. Please keep this in mind when you are counting your days.

Q&A’s published on Lawyers.com and the Epoch Times on June 7, 2019 1. Can I Fix my Mother’s Papers If I Am Married in California? 2. What Happens After A Tip Is Submitted to ICE About An Illegal Immigrant? 3. I Am an F-1 Student on OPT Training Which Will Expire in July. But I Will Like to Change My Status to B-2 Visitor for Pleasure. What Is A Good Reason?

1. Can I Fix my Mother’s Papers If I Am Married in California?

Mr. Lee answers:
I do not see the relevance of a marriage in California to being able to fix a parent’s permanent residency papers. We have cases in which petitioners are across the nation from their parents and still file for their permanent residence.

2. What Happens After A Tip Is Submitted to ICE About An Illegal Immigrant? 

An immigrant was reported for tax evasion and for the use of a fake social security number to obtain employment. She has worked since around 2010 and never filed she worked, but was filed by her soon to be ex husband. He is also an immigrant, but he was not reported to ICE. Both of them are going through a divorce and their daughter is 17 and with a baby of 2 months. Their daughter lives with her boyfriend. How long before she gets arrested? Will they take her to jail or an immigration detention center? How long before she gets deported? Is there any way she could stay in the country?

Mr. Lee answers:
It is difficult to know what happens after a tip is submitted to ICE about an illegal immigrant. In the past, many tips were ignored as ICE only had so many staff members and there are 11 million undocumented immigrants. The practice generally in many parts of the country was to go after more egregious situations involving multiple people or criminal violations. Currently the Trump administration is pushing for the expansion of ICE officers and more detention facilities. Once it ramps up its capacity, one can expect that more tips will be given attention. At this time, it is uncertain whether the person you describe will become a target for arrest as her type of offense is not “glamorous” to ICE. If detained, she could be taken to a city/county jail or immigration detention center, whichever has capacity and if the city/county jail has a contract with the federal government. If she has not already been an immigration proceedings, she would be entitled to present whatever case she has in front of an immigration judge. The process could go on for years although the Trump administration has said that it will focus on criminal aliens and your person could become a target if criminal charges are filed against her. On whether there is any way that she could stay in the country, she should seek consultation with an immigration lawyer who can go over all of her individual facts and situations.

3. I Am an F-1 Student on OPT Training Which Will Expire in July. But I Will Like to Change My Status to B-2 Visitor for Pleasure. What Is A Good Reason?

Mr. Lee answers:
Many people have good reason to change to B-2 visitor for pleasure when their OPT training expires. Generally students work hard in their schooling and afterwards on OPT and have had no time to enjoy what this country offers in terms of travel and entertainment. A request to explore the country and to see the sights with a good itinerary of what you plan to do would be reasonable.

Q&A’s published on Lawyers.com and the Epoch Times on May 31, 2019 1. Will Traffic Violation Get Me Deported? 2. Will I Still Be Able to Get My Green Card? 3. Can I Marry a Chinese Student On a F-1 Visa

1. Will Traffic Violation Get Me Deported?

In New Jersey got a “driving with telephone” ticket and have mandatory court appearance. I do have a valid driver’s license but no social security number. Will my legal status be brought up in court? Could I be deported over this? I have never even gotten a speeding ticket in the past 14 years.

Mr. Lee Answers: 
No one can predict with any great certainty what will happen now that Donald Trump is president. He has emboldened ICE to even hang around courthouses in the hopes of catching undocumented immigrants. That being said, ICE usually has a concern with the individual previously when it does that. As New Jersey is not a red state, the chance of you having a problem appearing on a traffic ticket in New Jersey is very low if you have not had prior encounters with Immigration.

2. Will I Still Be Able to Get My Green Card?

I am a green card holder through marriage. I applied for the removal of conditions 14 months ago after my 2 year green card was coming to an end. The USCIS is processing applications that are few months after mine. I called them since my one year extantion expired and I had to get another year extension. They told me that the company that took my biomedics still did not provide a background check and that there is nothing that they can or will do. I was suppose to get a decision couple of months ago. The issue now is that my husband and I are on very bad terms and he is going to apply for a divorce any day now. How can this affect me? To sum up We filed the I-751 together and he signed it over 14 months ago but due to missing biomedics my case is still pending and he wants a divorce now.

 Mr. Lee Answers:
Even if your husband divorces you at this time and your case is still pending, U.S.C.I.S. would give you the opportunity to amend your I-751 to another category such as having been in a bona fide marriage which is now dissolved. You would notify U.S.C.I.S. of the development once you divorce, and U.S.C.I.S. would reclassify your case. You would not have to refile if your case is still pending.

3. Can I Marry a Chinese Student On a F-1 Visa

She will graduate in May, apply for OTP, We want to marry on May 20. Send OTP out next week. Then start the application process.

Mr. Lee Answers:
There is nothing precluding an individual from marrying a student on an F-1 visa, and having her send out the OPT prior to the marriage is probably a good idea as it gives options in the event that something goes wrong with your application process.

Q&A’s published on Lawyers.com and the Epoch Times on May 24, 2019 1. I am TPS Holder and My Husband is a U.S. Citizen, Have Two Kids, My Husband Want to Apply for Adjustments of Status for Me, Is It Possible for Me? 2. Can an Immigration Lawyer Help a Younger Individual That Was Already Refused the B-2 Visitor’s Visa Get Approved? 3. Concerned re Travel in Advance Parole /EAD Document

1. I am TPS Holder and My Husband is a U.S. Citizen, Have Two Kids, My Husband Want to Apply for Adjustments of Status for Me, Is It Possible for Me?

For me to get my green card without living the country, I’m in Florida and my husband is in Massachusetts, I’m moving soon.

Mr. Lee answers:
I assume that you entered the U.S. without inspection. The question of whether a TPS holder who entered illegally can adjust status in the US is a hot button issue at this time and the circuit courts are divided as to whether it can be done. The Ninth Circuit Court of Appeals in California just decided that it was possible in following the Sixth Circuit in Ohio. Meanwhile the 11th Circuit with jurisdiction over the states of Alabama, Georgia and Florida has decided in the negative. The rest of the circuit courts have not yet ruled.

2. Can an Immigration Lawyer Help a Younger Individual That Was Already Refused the B-2 Visitor’s Visa Get Approved?

Mr. Lee answers:
An immigration lawyer can help to put together an application and perhaps add in details or evidence which were not in a prior application. If a consular officer made a mistake of law, an immigration lawyer could also point that out. But where individuals are denied for visitors visas based on the consular officer’s perception that the applicant may remain in the US instead of returning to the home country and there is no strong evidence to the contrary, an immigration lawyer is not a miracle worker. These types of determinations are non-appealable and perhaps the better solution would be to wait until the individual has enough bonds and ties in the home country to convince a consular officer to grant a visiting visa.

3. Concerned re Travel in Advance Parole /EAD Document

I have received advance parole /EAD card while waiting for a I-485 Adjustment of Status green card application filed by my husband’s employer. My husband however wants to move out before the green card arrives but I have been told that since this application is employer based this should hopefully be okay still as we are still married since 2000 & we have two kids under 9. My fear is that if I my children & I travel for vacation overseas to Australia to see family that I may not be allowed back in if they find out he has moved out? I don’t want to miss my father’s 80th birthday though… thoughts??

Mr. Lee answers:
As you have an employment-based case and there is no doubt of the bona fides of your marital relationship, you would be eligible to obtain permanent residence with your husband if he still wishes to continue your application even if you are separated. Even if U.S.C.I.S. was to discover that your husband moved out when you reenter the States, that should not have an effect on your admissibility.

Article: Protecting The Green Card When Taking Extended Trips From The U. S.; Entitlement To 10 Day Or 60 Day Grace Periods For Nonimmigrant Workers; Public Charge Danger Signals

As published in the Immigration Daily on May 23, 2019

1. Protecting the green card.

After obtaining the green card, permanent residents many times leave the U. S. for extended periods of time, placing their green cards in jeopardy during the inspection process when reentering the country. What is there to do except to hang back or try to somehow get into the line of the Customs and Border Protection (CBP) officer that one thinks will afford the most favorable inspection? The general rules are that a permanent resident should be maintaining a main domicile in the U. S., which generally means over 6 months of each year; that trips of over 180 days may subject the individual to harder inspection as an alien “seeking admission”; and that frequent trips of extended duration even if not over 180 days may still cause challenge to the right to keep the green card.

What can one generally expect from CBP where extended absences are concerned? Usually the first step will be a warning and a notation in the passport of the person’s extended absence. The applicant may be instructed to apply for a reentry permit. The reentry permit allows a permanent resident to be outside the U. S. for up to but not including 2 years and is a favorable factor for entry as the individual has in effect informed DHS of his or her plan to take extended trip(s) outside the U. S. However, it is not a guarantee for reentry. So in what other ways can a green card holder protect his or her permanent resident status? If the absence or absences was to take care of someone in ill health, perhaps a statement from the treating physician, hospital records or test reports along with proof of relationship would be helpful. Although some CBP officers have said tax returns are not particularly persuasive, it would not hurt to have proof of the payment of U. S. taxes so long as the person is not taking an income exemption for income earned overseas because of having declared himself or herself a nonresident for the year.

In a deferred inspection or before an immigration court, other items that might be helpful could be proof of real and personal property owned in the U. S., job letters, proof of pay, proof of family members in the U. S. and their maintenance of domicile here, bank books and banking statements, use of U. S. credit cards, ownership of U. S. stocks, insurance policies, membership in associations, clubs, and organizations, evidence of payment of long-term debt over a period of time, e.g. mortgage and automobile payments, library cards, state driver’s licenses or state identity cards, etc.

This is a new age in which immigration officials have become emboldened by the Administration to take adverse actions against immigrants, legal or otherwise. It behooves all permanent residents who travel outside the United States for extended periods of time to be more cautious and be prepared to meet a challenge upon arrival.

2. Is the nonimmigrant worker entitled to a grace period of 10 days or 60 days?

In the final rule of November 18, 2016, “Retention of the EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers,” U.S.C.I.S. expanded application of the 10 day grace period given at the end of the expiration of nonimmigrant working status to nonimmigrant working classes E-1 (Treaty trader), E-2 (Treaty investor), E-3 (Australian specialty occupation), L-1 (intracompany transferee), and TN (NAFTA or soon to be CUSMA). H-1B (specialty occupation), O-1 (extraordinary aliens) and P (performers, athletes and entertainers) categories were already covered. Significantly U.S.C.I.S. clarified that the 10 day period could be used to apply for purposes of extension of status or change of status.

The same rule also allowed a 60 day grace period for each authorized validity period to allow individuals who had left or been dismissed from their authorized work to find new work if in categories E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN. The 60 day grace period can only be used once within each petition’s validity.

It is clear that the purposes of the two grace periods are different – one to allow 10 days at the end of the authorized period of stay and the other to protect nonimmigrant workers caught in unsuitable situations of employment. Yet can the two meet and be combined to give more than 60 days? The final rule allowed for that possibility in a situation wherein the applicant leaves or is dismissed during the last 60 days of the validity period of the authorized stay, at which point U.S.C.I.S. might consider the applicant to have maintained status for up to 60 days immediately preceding the expiration of the validity period (since the applicant is within the 60 day grace period), and the applicant might also use the 10 day grace period after the validity period ends.

So how would that work out in practice? Would the rule allow an individual in H-1B status whose period of validity had just ended and is in the 10 day grace period another 60 days on the basis that the employer had not decided to let him or her go and was contemplating an extension and only gave the decision to not extend the visa status during the 10 day grace period? I think not. However, it might certainly apply to an individual who is dismissed with 40 days left to go on the petition validity, and because the 60 day grace period would cover the ending date of the H-1B petition and be considered the new ending date (albeit without work authorization), the 10 day grace period would then be appended to the end of the 60 day grace period to afford more time for the individual to depart the U. S., change or extend status.

3. Public charge danger signals.

Current prohibited public benefits for persons applying for permanent residence are SSI, cash assistance from the Temporary Assistance for Needy Families (TANF) program, food stamps, State Child Health Insurance Program (SCHIP) and public assistance including Medicaid used for long-term care such as in a nursing home or mental health institution. The proposed rule of October 10, 2018, “Inadmissibility on Public Charge Grounds,” would also include Medicare part D low income subsidies, Section 8 housing choice voucher program, Section 8 project-based rental assistance, and public housing. The Trump administration is also moving to draft a regulation to deport green card holders who use government assistance within 5 years of admission, as per a Reuters report on May 3, 2019. According to Reuters, the public benefits would include SSI, the food stamp program, Section 8 housing vouchers, many Medicaid benefits, and TANF.

The October 10, 2018, proposal garnered over 210,000 comments in the 60 day comment period. Yet the number of comments does not mean that it will not become law although the Administration can expect much litigation in the courts. What should people do at this point? The best advice is probably to stay on the public benefit(s) if you need it, and get off of it if you only consider it a “freebie” of the U. S. government. The proposed rule has a 60 day exit ramp after the rule’s finalization within which participants can disenroll from the program(s). In addition, persons who are adjusting status to permanent residence or going overseas to apply for immigrant visas would not be penalized for using benefits which were not previously targeted by the new rule before the effective date. It can be assumed that any proposed rule for green card holders would contain the same or similar 60 day exit ramp.

In our next article, we will discuss the recent Trump Administration moves against immigration, DHS (including U.S.C.I.S.) iron-doming itself, and another interesting topic(s).

Q&A’s published on Lawyers.com and the Epoch Times on May 17, 2019 1. Can I Fix Papers for My Mother And My Wife? 2. Would I Have Problem Transferring to a New Employer on May 15 2019 If My Current Employer Has Filed My H-1B Application on April 1st 2019? 3. Travel Back to Home Country After H-1B Max-Out. Can I Travel Back After H-1B Extension Approval (After I-140 Approval)?

1. Can I Fix Papers for My Mother And My Wife?

Mr. Lee answers:
Whether you can fix papers for your mother and your wife depends upon your personal circumstances of US citizenship, your age (must be over the age of 21 if the US citizen is to sponsor a parent), your financial status, the statuses of your mother and your wife, the bona fides of your marriage, any bars that they may have which would preclude them from immigrating to the country, and how they entered the country. With this information, an immigration lawyer would be able to give an opinion as to your ability to fix papers for your mother and wife.

2. Would I Have Problem Transferring to a New Employer on May 15 2019 If My Current Employer Has Filed My H-1B Application on April 1st 2019?

I am on F-1 OPT status working for a company. My current employer has applied for my H-1B on 1st April 2019. However, I am thinking to change my employer and start with the new employer on May 15 2019. If my H-1B gets selected, would the H-1B application get revoked if I start with the new employer? Also, if H-1B gets selected and I change the employer due to which H-1B application gets revoked, would I have problems transferring my status into new company based on my current EAD OPT status valid until June 2019?

Mr. Lee answers:
If U.S.C.I.S. has selected you for H-1B under employer A, and you then put in papers to change your H-1B selected case to employer B in May, there is every likelihood that your H-1B cap selection would be revoked. Since the selection is not an approval which would change your status, your OPT EAD should still be valid to allow you to work for an employer until June in the field of your major.

3. Travel Back to Home Country After H-1B Max-Out. Can I Travel Back After H-1B Extension Approval (After I-140 Approval)?

I am currently on H-1B visa and my H-1B max-out date is 4th June 2019 (6 years completed). Max-out date is calculated after considering the time out of US during H-1B term. My employer will file my I-140 application in premium processing by 19th May. My spouse is also working on H-1B and currently in US. 1) In a scenario if I stay in US till 4th June 2019 and my employer is unable to submit H-1B extension request based on I-140 approval till 4th June, what are the option available: a) Travel back to home country India on 4th June – Once H-1B extension is submitted and approved while I am in India, will I be able to travel back to US once H-1B extension is approved. b) Are their any rules/restrictions which stops me from traveling back. 2) If I travel back to my home country before (ex:25th May 2019) H-1B max-out date 4th June 2019, does it improve any chances for coming back to US when H-1B extension (applied after I-140 approval) is approved. Thanks

Mr. Lee answers:
One option that you can consider is making an application to H-4 to cover any possible time that you may be out of status. Although your current max out date is June 4, 2019, the regulations allowing a 10 day grace period following the max out date can be used to keep you in legal status for purposes of extension of status or change of status or other permissible non-employment activities such as vacationing prior to departure. Hopefully your I-140 petition will be approved in time with the 10 extra days. If you do decide to travel back to the home country, you are able to return to the US as long as you obtain an H-1B visa from the American consulate or embassy. I do not see that going back to your home country at an earlier date than the maximum period of time that you are allowed would increase your chances of obtaining a visa.

 

Q&A’s published on the World Journal Weekly on May 12, 2019 1. What Can I Do When My H-1B Transfer Petition Gets a U.S.C.I.S. Request for Evidence and I Have Already Transferred to The New Employer? 2. Does A Step Relationship Survive a Divorce Where There Is A Remarriage? 3. What Should I Do With My Pending Asylum Case When I Am Now Married to a U.S. Citizen? 4. Daughter Gave Up the Green Card For Leaving the Country For Too Long – Can She Get It Back?

1. What Can I Do When My H-1B Transfer Petition Gets a U.S.C.I.S. Request for Evidence and I Have Already Transferred to The New Employer?

I worked for company A under H-1B status and was then sponsored by company B for the H-1B transfer, and I moved to the new company when it received the filing receipt from U.S.C.I.S. That was legal as confirmed by the company lawyer. Now we have received a request for evidence from U.S.C.I.S. asking it to explain why my position of business analyst is a specialty occupation. My company has 45 people in it and creates business software for Wall Street finance firms.

Mr. Lee Answers:
Your case sounds reasonable for success in answering the request for evidence, especially if the company lawyer is well-versed in H-1B law. Your options are to stay with the company which is sponsoring you until it receives the decision, or if you feel extremely negative about the chances of success and company A has not yet taken steps to cancel your H-1B status with U.S.C.I.S., you can go back to work for company A. Further steps to involve a third company sponsorship to stay here in the US without leaving or to change status to another category would be dependent upon the success of company B in responding to the request for evidence. This is not to say that the above are all the options, but quite probably are the most relevant to your situation.

2. Does A Step Relationship Survive a Divorce Where There Is A Remarriage?

I am a US citizen and want to know if I can sponsor my stepmother who married my father when I was six years old, divorced him when I was 13, and remarried him when I was 21. They love each other and I am very fond of her as she basically raised me and even lived together from time to time during the time that they were divorced.

Mr. Lee Answers:
A step-relationship lives and dies in the duration of the marital relationship. There is no blood involved, and so a divorce effectively ends a step-relationship. A later marriage would not serve to revive the relationship in the past. Your stepmother would have to find another means to immigrate, most likely through the petition of your father if he is either a US citizen or green card holder.

3. What Should I Do With My Pending Asylum Case When I Am Now Married to a U.S. Citizen?

I applied for political asylum in 2017 and have not yet been scheduled for an interview at the asylum office. In the meantime, I have married a US citizen who will sponsor me for the green card. What should I do know? I entered the US with a visitors visa and have no problems with fraud or crimes.

Mr. Lee Answers:
There are two schools of thought on how to proceed – one is to file the paperwork for the green card and then ask to have the asylum case closed and the second is to file for the green card and keep the asylum case going as a backup. We favor the first approach as it is the less complicated route and there is a distinct possibility that the asylum applicant may not be allowed to withdraw at a later stage.

4. Daughter Gave Up the Green Card For Leaving the Country For Too Long – Can She Get It Back?

My daughter went overseas to study when she have the green card, and did not return for three years. When she did, she was given the choice of either giving up the green card or seeing the immigration judge. She gave up the green card. Two more years have since passed and she is finished her studies and wants to return to the US. Can she still return on the green card? If she had it, it would still have three years left on it.

Mr. Lee Answers:
If your daughter already gave up the green card, it would be difficult to reclaim it at this time. A more likely scenario would be re-petitioning for her green card. If you are a US citizen or permanent resident, you can file an I-130 petition for alien relative on her behalf.

Q&A’s published on Lawyers.com and the Epoch Times on May 10, 2019 1. How Can My US Citizen Husband File A Visa For My Mother to Come to the U.S.? 2. Expired Working Visa 3. What’s My Best Option to File I-751 Form to Remove of Conditional Green Card?

1. How Can My US Citizen Husband File For a Visa For My Mother to Come to the U.S.?

I am a green card holder currently not working because I gave birth 50 days ago.  Now my husband wants my mother to come and assist me with my baby while I return to work and school.  My mother doesn’t have a house and my father passed away. Will it be an issue since my husband will be the one supporting her?

Mr. Lee answers:
It is doubtful whether there is a visa for your mother that fits the purpose that you wish. Typically a visiting visa is for a parent who only wants to help out for a short period of time. In your case, you appear to be contemplating a long-term arrangement. That is not the purpose of a visiting visa. You are not eligible to sponsor her for permanent residence as you are only a green card holder. Your husband does not have the relationship to sponsor her for permanent residence. In the event that you change your plans and decide that your mother will only visit a short time to assist you, she would apply for a visiting visa and your husband could supply the appropriate letter guarantees that your mother will not have to work to support herself along with an I-134 affidavit of support, proof of his income, assets, and tax return.

2. Expired Working Visa

Visa expired two years ago, and Jamaican passport is up in one year. Still in the US. What can be done? Will I get deported?

Mr. Lee answers:
Although Pres. Trump would like to have all undocumented immigrants out of the US, there are approximately 11,000,000, a Herculean task. Most likely you would just join the ranks of the undocumented. If you wish to see what can be done about your immigration, you should consult an immigration lawyer who can go through your possible options.

3. What’s My Best Option to File I-751 Form to Remove of Conditional Green Card?

I got married with an American in June last year. I got approved for conditional residence in January 2017 (we had been dating for years, he came to visit me to my home country twice, it is evidently a good-faith marriage), but since I came here I found out he had been committing adultery for years and has a sex addiction. We’ve been to counseling and he’s in the program (going to SA meetings) and also going to individual therapy. We are in a good place, although I am not sure if this is what I want for the rest of my life. He is willing to accept any decision I make (whether I want to stay or leave) and file jointly for Form I-751 if that’s what I want to do. What is my best option? Is it better if I try to stick with him for two years and we file jointly, even if I decide I don’t want to be with him? Is it better if I file for divorced claiming adultery and present evidence for this?

Mr. Lee answers:
The choice of whether to file jointly or otherwise is up to you.  It may depend upon your tolerance of your husband’s life style for the foreseeable future. Another option is that if you have all the proof of having lived with your husband and also that he has a sex addiction and that you have both been going to counseling, you would most likely be able to remove the conditions on your residence status by filing form I-751 on the basis of having had a bona fide marriage which has ended. Such an application requires a divorce.