Month: March 2019

1. What Information is Required on An Approved I-130?

My wife is a US citizen and filed I-130 for me, which was approved after 1.5+ years and sent to Islamabad Pakistan embassy more than 1 month ago. But I didn’t receive any information from embassy about any interview etc? What things I must keep ready and required by embassy?

Mr. Lee answers:
Your situation is not uncommon, and I expect that you will receive a notice of interview soon. You should ensure that you have the original of all the copies of documents that were previously sent to the National Visa Center. If the police certificate or affidavit of support are old – one year and six months respectively – they should be renewed. Other than those, you should maintain records of all your communications and meetings with your wife as this is a marriage based case in which a chief question is whether there is a bona fide marriage.

2. I Am An Illegal Immigrant Living in the USA. Will Anyone at the Airport Check My Legal Status or Ask Me Questions?

I need to go to another state but I’m an immigrant from Mexico. I have always flown in airplanes using just my Mexican passport. Now in 2019 will they be checking any legal status of a person or asking questions at an airport?

Mr. Lee answers:
Unfortunately Pres. Trump has implemented a policy of tough immigration enforcement, and the Department of Homeland Security officers are energized to enforce the laws against the undocumented. Traveling by air may now become more dangerous, especially where the entry is made from outside the mainland, e.g. Puerto Rico, Hawaii, or to and from places close to the borders of this country.  Also airports are places of high security, and so there may be more risk of encounter with DHS there than in many other places.

3. Am I Qualified to Apply for Citizenship?

I have 3 questions: 1. I am a foreign people. I married America citizen on Jan, 2005 outside of USA. My permanent resident Green card date was on Dec, 2007. Because my husband abused to me, I left him and lived in a shelter on Jan, 2008. I divorced with him on June, 2009. Now I have lived in America for 9 years, and I want to be an America citizen. Will It influence my application for my citizenship? What papers do I need to prepare for citizenship?  2. I changed my address 3 times. I did not know that I should tell USCIS or I would be punished me? I worry Trump’s policy will push me to outside of USA. 3. I did not have job since 2010 up to 2017 because I was a student in a university. Therefore, I could not proof tax return “transcript.” Does this case will reject me to be US citizen?

Mr. Lee answers:

Although your green card is based upon your prior marriage, your showing proof of abuse and having lived in a shelter would go a long way to convincing a naturalization officer that your green card was legitimately obtained and should not be questioned again in the naturalization setting. Changing addresses and not informing U.S.C.I.S. is only a non-favorable factor if it was done intentionally. A tax transcript or other proof of having paid taxes is not required except in situations where individuals have worked in this country and are supposed to have filed tax returns.

1. What To Do With My Aged Out Son’s Case?

My mother is a U.S. citizen and she applied for F3 visa category for my family in India – priority date august 2004. Our case got approved in June 2010 now mine and spouse visa is approved but my son born in 7/1987 has been aged out after paying his visa fee of $325, his biometrics and medicals were also done. Then on the day of interview, they said our son is aged out. My spouse and I have got our visas.  What can be done in my son’s case?

Mr. Lee answers:
I will assume that the US consular officer counted correctly and that your son has indeed aged out and cannot immigrate with you and your spouse. You and/or your spouse can file an I-130 petition(s) for him as soon as you enter the US with your immigrant visas. The waiting time is approximately 7 years during which your son should stay single as you would be petitioning for him under the F-2B category for unmarried sons or daughters of permanent residents over the age of 21.

2. What is the Fee for Removal of Conditional Green Card?

I want to know how much it will cost me to file for the removal of a 2-year condition on a green card.

Mr. Lee answers:
An I-751 application to remove the conditional basis of residence status currently has a fee of $680 payable to the US Department of Homeland Security. If you are inquiring about lawyers fees, those vary from attorney to attorney and also depend upon the complexity of the case. You may wish to make an appointment for consultation with an immigration lawyer.

3. I Have a Felony and Would Like to Fix Papers for My Mother. Is That Possible?

Mr. Lee answers:
Assuming that you are a US citizen, it should be possible for you to sponsor your mother even if you have a felony assuming that you fulfill all of the other obligations associated with sponsorship including relationship and financial support.

1. CD1 Visa

I have a CD1 visa entered United States. I got married more than a year ago to an American. Is there any hope for my case after the election?

Mr. Lee answers:
You may still take advantage of the I-601A program under which your US spouse would file an I-130 petition for alien relative on your behalf, and upon its approval you would file an I-601A application to remove the bar of unlawful presence based upon extreme hardship to your US citizen spouse if the provisional waiver is not granted. If U.S.C.I.S. approves the I-601A, you would then begin consular processing with the National Visa Center with the aim of ultimately interviewing with the American consulate or embassy in your home country. Assuming that your only bar to the US was your unlawful presence, your interview would be like any other applicant’s for an immigrant visa.

2. Russian Citizen in Mexico

My friend is a Russian native and is currently in Tijuana, Mexico and would like to apply for a visa to travel to the U.S. He has tried before for a B1, B2 but was denied for not having enough money or lack of connections to travel. Is there any way I could possibly help him? I am a U.S. citizen. What should be our next step? Thank you for your time.

Mr. Lee answers:
As a US citizen, you could give your friend an I-134 affidavit of support if you have moderate to good income along with proof of that in the form of a job letter, recent payslips, banking statement, and most recent federal tax return. You could also give him a letter to take to the US consulate or embassy guaranteeing his support, what he will be doing in the US, and promising that he will return to Russia at the end of his period of visit. Whether he is able to obtain a visiting visa is in the discretion of the US consular officer.

3. How Can I Help My Husband Get His Citizenship Here in the U.S.?

Me and my fiancé will be getting married this month. How can I get his citizenship process started? He also has a 2 and a half year old daughter.

Mr. Lee answers: 
Assuming that you are a US citizen and that your fiancé and his daughter are in the US and entered the country legally, they may be eligible for adjustment of status to permanent residence without leaving the country. In such case, you would file I-130 petitions for both of them, and then your husband and his daughter would file I-485 adjustment of status applications at the same time. The cases would be submitted to the Chicago lockbox of U.S.C.I.S. and you would normally expect to be called for interview within a year.  If you are not a US citizen or there are other complications, you may wish to consult with an immigration lawyer.

1. How Long Does It Take For a U.S. Citizen to Get a Green Card for Her Parents?

I am living outside USA. However, while we were visiting the USA on tourist visa last year my child was born in the USA. I understand that my child can apply for a Green card for me and my spouse once she is 21. Is that correct? How long will it take for us to get a Green Card once my Child applies for us? Few months or several years? Do you see any prospect of a change in this law over the coming years? 

Mr. Lee Answers:
Taking into account the time that will be involved when your 21-year-old child petitions for you both on I-130 Petitions for Alien Relative and the time required for National Visa Center (middle point between U.S.C.I.S. and American consulate or embassy) and final consular processing, the timing is currently approximately one year. There is contemplation of change of law that would affect your type of case by doing away with the USC child-parent category.  Hopefully it will not come to pass.

2. Can I Reopen My Husband’s I-130 So He Can Apply for the I-601 Waiver Within the U.S.?

He got his I-130 approved in 2008, had an appointment in Cuidad Juarez in 2011(cancelled it), case got closed, got the Consul to reopen it And telling them we were applying for the I-601A.  They gave us a year to complete but then our lawyer at the time said he didn’t qualify because he already had an appointment before and as of now his case is closed.

Mr. Lee answers:
The prohibition upon applicants participating in the I-601A program if they had a previous immigrant visa interview has been rescinded, and your husband is now eligible to apply for the benefits of the I-601A program. You can check with the American Consulate in Ciudad Juarez to see whether the case is still viable. If not, you would have to file a new I-130 petition and wait for that to be approved before filing for the I-601A waiver.

3. I Have a Conditional Green Card Through Marriage, Which Ends This June. Recent DUI Charge Was Reduced to Reckless Driving.

I need to apply for a permanent green card. I recently got DUI, which was reduced to reckless driving on my record. Now I am afraid the government will decline my removal of conditional green card. I have 2 kids and a family. Do I need a lawyer to help?

Mr. Lee answers:
Reckless driving would not be a bar to removing the conditional basis of your residence status. Whether you wish or need an attorney’s assistance with your case is up to you. In our experience, some people seek assistance for naturalization cases even though there are no issues and their English is fluent while others decline to use attorneys even when facing removal proceedings.

1. Applied for EB-5 Investor Investment in 2017, and With The Line So Long, What Else Can I Do To Immigrate? I Am Major Owner of a Company in China.

I and my family have been trying to emigrate to the U. S. from China through EB-5 investment, and our case was finally filed (I-526) in November 2017. Now we understand that it will be many more years – probably at least 10 more – before we are allowed to finally immigrate. Is there another way for us now? I am the major owner of a company in China that does the equivalent of $8 million (USD) business per year and we have over 300 workers. Our entire family has B-1/B-2 10 year visas.

Mr. Lee Answers,
You may wish to consider immigration under the EB-1C category for multinational managers or executives if you have or if will have a related U. S. company which will be a viable affiliate or subsidiary or headquarters operation. The company can have the relationship with you or your China company since you are the major owner. This path would take approximately 2 years at present. At least 50% of the shares of either the U. S. or China operation must be held by the counterpart company in the other country. You would have to demonstrate the viability of companies in China and the U. S. In addition, you would have to demonstrate that you or your wife (if she is to be the sponsored manager or executive) has had one year experience out of the past 3 as an executive or manager in the China company. Under U. S. law, you could start your own business, but if starting small, you would have to give a comprehensive business plan on how the business is going to grow. Growing your own U. S. business to the point that it can support an application for your green card might take years. Only if you start big in terms of investment and numbers of employees might you be able to soon apply for the green card. Acquiring a viable existing U. S. company might be a move to consider in this direction.

2. What Are The Chances of Being Approved If Applying For H-1B Visa With a Small Tutoring Company?

I have a bachelor degree in mathematics and am studying for my Masters degree which will not complete for another year. A tutoring service run by a family friend is interested in sponsoring me for H-1B to tutor math and physics. This would be a part-time job. The company has one full-time employee, a few tutors who are subcontracted, and I would be the first part-time employee. What are my chances of success in getting H-1B in this situation?

Mr. Lee Answers,
U.S.C.I.S. has become stricter in its adjudication of H-1B’s with a reported increase in denials of 41% from the 3^rd to the 4^th quarter of FY 2017 (9 months into the Trump presidency). Later figures are not available. The size of an organization appears to carry much weight with U.S.C.I.S., and larger companies get the benefit of the doubt in H-1B adjudications. In small companies of this size, questions abound such as whether the alien will be doing all professional work or perhaps some clerical or other nonprofessional work because of the company’s small size and whether the company has enough work to keep the individual occupied in professional work. You might probably be better off finding a larger sponsoring organization if such can be found.

3. How Should My Son Answer the DS-160 Question of Whether an Immigrant Visa Petition Has Been Filed for Him Where It Was Filed For Me And He Was Only Listed As a Member of My Family?

My U. S. citizen brother filed a petition for me in 2009 and we will likely have to wait another 4 years according to the lawyer before we can immigrate. My son is finishing high school and we want him to study in the U. S. Looking at the American non-immigration visa form, DS-160, it asks whether he has ever had an immigration visa petition filed on his behalf. We do not want him to lie, but want him to have the best chance of getting the visa. My brother filed for me, not for my son, and my son is only on the petition as a member of the family. Can he answer “no” to the question or must he answer “yes”?

Mr. Lee Answers,
According to the Department of State, your son can answer either yes or no. It has amended its consular manual to say that someone who is the spouse or child of the principal beneficiary of a petition will not be making a misrepresentation by answering no to the question. Consular officers many times expect the answer yes, and the American Immigration Lawyers Association has taken the position that such a person may respond yes or no to the question, with neither response resulting in a finding of material misrepresentation.

4. Can I Leave on Advance Parole If I Have Already Received a Notice of Intent to Deny My Adjustment of Status Application?

I filed my I-485 adjustment of status application in 2016 based upon a labor certification by my employer. At the time of interview in October 2018, there were questions concerning my employer and my past qualifying experience. I have advance parole to leave the country, but do not know if I should use it at this time. I want to go back to China to visit my mother who is old.

Mr. Lee Answers,
Your situation would pose risk, and I would not recommend that you go out on advance parole. Customs and Border Protection (CBP) in this region has made known recently that while a notice of intent to deny would likely have no effect on your reentry under parole, CBP would not parole an individual whose adjustment of status application had been denied by the time that he or she is trying to reenter the country. In that situation, CBP would look to see if the I-485 was denied on criminal charges. Based on its initial review, it might decide to defer the inspection for 30 or 60 days to consult with U.S.C.I.S. and determine the nature of the denial while the individual addresses the denial with U.S.C.I.S. It would likely continue the deferred inspection if the applicant was making progress with U.S.C.I.S. to resolve the issue.