Q&A’s published on Lawyers.com and the Epoch Times on September 13, 2019 1. My Mother Overstayed Outside USA for 5 Years. Her Green Card Still not Expired. Can She Enter USA With Her Unexpired Green Card? 2. My OPT Expires Oct 20th. Do I Have to Get TN At Border Exactly 1 Month Before OPT Expires or Can I Do TN When OPT Expires? 3. How Can I Apply for L-2 – EAD Extension With L-1 and L-2 Extension Receipt Alone?

1. My Mother Overstayed Outside USA for 5 Years. Her Green Card Still not Expired. Can She Enter USA With Her Unexpired Green Card?

My mother is a US permanent resident w/ an UNEXPIRED green card but has overstayed outside the US for 5 yrs now. She is afraid that she might get held at the immigration office at the airport if she does fly over here to the US without a reentry permit. She was denied a reentry permit last time. The difficult Consul who interviewed her for the reentry permit in the Philippines told her that I have to file for a new petition on her, which I believe is ridiculous. I have a friend who’s mother had the same situation, and the mom was able to get thru the immigration border at the airport and was just given instructions on what to do (i am unsure if the mom had to pay penalty fees or what). I can get my mother to do the same and risk it, even if we have to just pay penalty fees. I just want her back here with me in the US.

Mr. Lee Answers:
You have hit the nail on the head as to the dilemma that permanent residents face who have remained outside the country for longer than the period of time allowed under the green card. It is the bother, cost, and time of waiting and filing a new petition as opposed to having the person come in and take his/her chances with CBP at the airport with the understanding that a refusal would either have the individual leave the US and surrender the green card or challenge the CBP decision in an immigration court. A loss there could subject her to an order of removal. You should discuss these options with your mother and see what is her tolerance level of risk before you both decide what to do.

2. My OPT Expires Oct 20th. Do I Have to Get TN At Border Exactly 1 Month Before OPT Expires or Can I Do TN When OPT Expires?

I graduated with my Doctorate of Pharmacy from an American college. I got OPT. I accrued 75 days of unemployment before finally landing a job (so I only have 2 weeks of unemployment left on my OPT before hitting that 90day mark for OPT). Currently I work on my OPT as a pharmacy graduate intern. I become a licensed pharmacist in April. I was told that I must go to the border 1 month before my OPT expires to get my TN visa. My OPT expires Oct 20th . I have 2 questions/concerns. 1- Am I allowed to continue working on my OPT until it expires then go to the boarder to get my TN( I want to work for my current employer on my OPT as a pharmacist before asking for TN support i.e work till Sept 20th before asking for TN support and going to the boarder) and 2- what happens if accrue more then 90days of unemployment? Do they have a way of checking that when I go to the border to get my TN visa?

Mr. Lee Answers:

There is nothing in the law that says that you must go to the border with one month left on your OPT in order to apply for a TN visa. It may be that some people believe that they might be able to reenter the US under OPT if the TN visa is refused if they have one more month left under OPT. Your second question of what happens if you accrue more than 90 days of unemployment during your time under OPT, it would probably be very difficult for an immigration inspector to have knowledge of that fact although he or she may ask you questions about the subject if he or she is so inclined.

3. How Can I Apply for L-2 – EAD Extension With L-1 and L-2 Extension Receipt Alone?

My L-2 and my spouse L-1 visa expired on July 12th 2019, extensions are in process now.  My spouse company applied my L-2 extension but they did not do my employment authorization document EAD (even requested). I heard that I can applied L-2 EAD extension with L-1 and L-2 extension receipt, is it so? How can I do that? I don’t have valid I-94 or valid visa on hand now, I have only the extension receipt.

Mr. Lee Answers:
To apply for an L-2 employment authorization in your circumstance in which the L-1 and L-2 extensions are pending, you would fill out the employment authorization form, I-765, and attach copies of the two receipts, proof of your marriage, and a photo ID.

Q&A’s published on Lawyers.com and the Epoch Times on September 6, 2019 1. Derivative Citizenship After 12/24/52 Requires A Green Card Holder to Be Unmarried Until His 18th Birthday? 2. DMV of Georgia is Not Ready to Renew a Driver License For a Legal Immigrant Working on H-1B But The Extension Is Still Pending 3. Is There a Danger for Using B1/B2 Frequently?

1. Derivative Citizenship After 12/24/52 Requires A Green Card Holder to Be Unmarried Until His 18th Birthday?

Can you be married prior to 18 years of age for derivative citizenship after 1975?

Mr. Lee answers: 
To my knowledge, derivative citizenship cannot be approved for anyone who has married prior to 18 years of age. Otherwise, the individual is no longer unmarried and under the age limit, the two requirements for being a derivative.

2. DMV of Georgia is Not Ready to Renew a Driver License For a Legal Immigrant Working on H-1B But The Extension Is Still Pending

I am currently working on a work H-1B visa. My visa expired on July 10th 2019. As per your website, on providing an original I-797C along with the petition and I94/Current passport with visa stamp, my driver license should be renewed. As per DMV[Georgia] they require a stamped passport in order to renew a license, which never happens since the extension of the VISA comes as a new petition and not as a stamped VISA in the passport. So now even though I can legally remain within the country for 240 days[as per USCIS because of I797c]. I cannot drive legally. Please let me know why the rules made by DMV and USCIS are contradictory.

Mr. Lee answers: 
The reason for the disparate treatment of your situation by U.S.C.I.S. and DMV is that U.S.C.I.S. does not control local DMV’s. Some local DMV’s will respect the language on the I-797C of automatic extension of work authorization so long as the extension request is in the same class previously granted. However, it is left up to the local DMV’s as to whether they wish to respect the language.

3. Is There a Danger for Using B1/B2 Frequently?

 My friend was visiting the US on a B1/B2 Visa June 5th and left July 5th. She is coming back to help me get situated in my new home and to visit.

Mr. Lee answers: 
I will assume that your question has to do with the safety of your friend coming back into the country so soon after having left. Since your friend only stayed a month, a decent interval of a few months between leaving and coming back would probably be okay as long as there has not been a pattern of your friend frequently coming into the US.