Year: 2019

1. I Was Denied the Right to Become a U.S. Citizen Because I Voted, I Have Proof to Show I Was Tricked into Doing So.

I have 30 days to make an appeal.  What to do?

Mr. Lee Answers:
You can make an administrative appeal to U.S.C.I.S. on form N-336 Request for Hearing on a Decision in Naturalization Proceedings. U.S.C.I.S. policy on illegal voting depends upon the election law. If the election law penalizes the actual act of voting, the fact that a person has actually voted is sufficient to establish that he or she has voted unlawfully. However, if the election law penalizes the act of voting only upon an additional finding that the individual acted “knowingly” or “willfully,”, U.S.C.I.S. states that adjudicating officers cannot conclude that an applicant voted unlawfully until they assess the circumstances surrounding the voting, the applicant’s credibility, and the documentary evidence.

2. What Happens if I Don’t File Form I-751, and Go Back to My Home Country Before the 90-days Period For Good?

Do I still have to come to a court hearing? We are not yet divorced, but separated.

Mr. Lee answers:
Although not a guaranteed solution to avoiding court, if you intend to go back to your home country for good, you may wish to write a letter to the Texas Service Center since you live in Florida and you would be filing an I-751 application to that service center as it has jurisdiction over Florida. You can explain your circumstances, that you will not be remaining in the US, and perhaps give some proof such as an air ticket of your intent to depart. Upon your departure, you can also inform the Center that you have departed and give them proof of such, e.g. copy of passport showing entry into your home country.  The address of the Texas Service Center for I-751’s is:   

U.S.C.I.S. Texas Service Center
PO Box 851488
Mesquite, TX 75185-1488

3. Can I Stay in the U.S. for Leisure From June – Oct 1st Under B2 Visa Until H-1B Takes Effect?

I’m currently dating a US citizen, I am a Canadian citizen. I’m graduating from my M.Sc in Canada in June. I’ve read that once the H-1B is approved and your visa is stamped (hoping all goes well), that you can only enter the US 10 days prior to employment start (Sept 20th for Oct 1st start for H-1B) Could I apply for a B2 visa to stay with my boyfriend until my H-1B takes effect? Something like June – Oct 1st? I’m aware I have to do my interview and visa stamping in Canada, I can take a trip for that. But is it possible to just take trips and re-enter under B2 visa? And once everything is stamped, does the H-1B visa stamp replace B2? Or is there a conversion involved. 

Mr. Lee answers:
As you are a Canadian, you do not require a visa to enter the United States for visiting purposes. If you have a valid reason for being in the US for visiting purposes such as visiting with your boyfriend, you can explain that to the inspecting officer upon your entry with a Canadian passport. Similarly Canadians are not required to have H-1B visas put into their passports. At the appropriate time, you can approach the port of entry with your I-797 H-1B approval and request admission into the US to take up your H-1B position. You may of course have to explain what you were doing in the United States from June-October 1. 

Married One Month After Coming to U. S. and Want to File for Her Immigration (I am USC) – Did We Marry Too Soon?

I am a U. S. citizen and invited my girlfriend from Hong Kong to come to the U. S., and she entered under a B-2 visiting visa 2 months ago. We got married last month and were about to put in papers for her immigration and someone told me that we might be in trouble because we married too quickly after she came in. Is that true? What can we do?

Mr. Lee Answers,
Current policy guidelines are that persons coming to the U. S. who take an action within 90 days of entry inconsistent with their stated purpose for coming to the U. S. are presumed to have made a misrepresentation of intent at the time of entry. In your case, you can solve your situation by filing the I-130 petition for alien relative for your wife and having her leave the U. S. and undergo consular processing once the I-130 petition is approved by U.S.C.I.S. The other route of filing for adjustment of status without leaving could bring on the consequence of U.S.C.I.S. questioning her intent at the time of coming into the country when you are both interviewed. I note that there is a recognized immigration decision that a preconceived intent should not count in an immediate relative case (immediate relatives are the spouses, parents, and children under the age of 21 and unmarried of U. S. citizens), but the question is whether an immigration officer at the time of your wife’s interview would be aware of the decision or believe that all the facts apply to your wife’s case. In the event that your wife is deemed to have committed fraud or misrepresentation, she could file an I-601 application to waive the ground of inadmissibility and the standard would be whether you would suffer extreme hardship if the waiver is not approved.

2. Laid Off on H-1B, Do I Have to Leave Now? Do I Have Any Time to Find Another Job?

I received my H-1B in October and had been working with my employer until the end of October at which time I was laid off. It has now been 33 days since I was let go. I have been trying to find other jobs, but it is not easy, especially around the end of the year. Can you tell me how much time I can stay here to find another H-1B job without leaving the country or trying to change my status?

Mr. Lee Answers,
You are allowed to remain 60 days after the last day of employment with your employer. During that time, you are considered in legal status for all purposes except for work and leaving the country. Please note that once you find a new position, your new employer will need approximately 2 weeks to file for an H-1B transfer petition (with a good legal representative) as it must first go through a labor condition application (LCA) with the Department of Labor prior to submitting your new H-1B to U.S.C.I.S. Good luck!

3. On H-1B, I-140 Just Approved, Priority Date Far Away, Want to Change Employers, Currently Applying For Extension

I am being sponsored by my present company and my I-140 petition was just approved 8 months after my labor certification was issued. I am from China and have a priority date in February 2017 under the EB-3 category. My 6 years of H-1B status will end in March, and we just filed for an extension. I am thinking of changing jobs to another company with better conditions, but wonder what risks I have and how much trouble this will be.

Mr. Lee Answers,
Unless there is fraud or misrepresentation, revocation or invalidation of the labor certification, or mistake on the part of U.S.C.I.S. in the I-140 adjudication, you will be allowed to keep the priority date. If the business does not fail or the employer revoke the petition within 180 days, the I-140 will stand for purposes of allowing you to extend your H-1B status until your priority date is current. Your new employer in that case would still have to file for a new labor certification and I-140. In changing over to a new employer, you and your new company will have to decide whether to put you on board during the time of the pendency of the transfer or have you remain with your original employer until the H-1B adjudication is done. Unfortunately at this time, there is still a suspension on premium processing for your type of anticipated filing, which is expected to last until February 2019. There is a risk that if you move over to the new employer without a new approval, a denial would place you out of status, and you might be forced to seek consular processing of any further approved petition. You should also be aware that remaining in the U. S. for over 180 days after receiving a denial from U.S.C.I.S. would subject you to a 3 year bar on returning to the U. S. if you had to leave.

4. Friend Who Filed Political Asylum Based on Persecution Under China Family-Planning Policy Just Denied – Why If He Has a Good Case?

I have a friend who has applied for political asylum and was just denied. Could you tell me why because he will not tell me and I am very concerned. He is a good man. In China, he was a doctor who was very conscientious. He worked in a clinic where he did abortions, but he tried to be as kind to the women as he could be, and in 2 instances even managed to help the women escape who did not want the abortions. In fact, he got into trouble in China because it was found out that he helped one escape for which he was dismissed. He has much evidence and documentation of the above that he gave to U.S.C.I.S.

Mr. Lee Answers,
Unfortunately it sounds as if your friend was labeled a persecutor by the U. S. government if he told his story in the way that you have just described. The family planning policy in China has consisted of coerced abortions and sterilizations, and people who prove that they have been the victims of such have a legitimate ground for political asylum. At the same time, those who assisted in the implementation of the coercive population control policy are considered persecutors who are ineligible for asylum and subject to removal from the United States. The fact that your friend helped out in 2 instances would not excuse his participation in a program of persecution in the eyes of the U. S.

1. DACA Question

My dad is a US citizen and I am an 19 year old immigrant with DACA . Will he be able to help me fix my paper work or am I too late to get any help?

Mr. Lee answers:
If you entered the country legally, your father can probably assist you in adjusting status to permanent residence in the US without leaving. If not, you may still be able to obtain your residence status through the I-601A program under which your father would petition for you as his relative on form I-130, and when that is approved, you would be able to submit an I-601A request for a waiver of the 10 year bar for being here in the US unlawfully for a year or more. The I-601A adjudication would be based upon your establishing extreme hardship to your father if you could not return to the US. Assuming that the waiver is approved, you would complete your case by having it consular processed through the National Visa Center in the States and the US consulate or embassy in your home country. Kindly note that the I-601A program has a good rate of success, but also that its future may depend upon how vigorously Mr. Trump wishes to go after programs benefiting the undocumented.

2. I am on H-1B and My Prevailing Wage Request is Submitted.

If prevailing wage is more than what i get currently, can the employer increase before perm and will my GC process go fine or should employer maintain the same salary starting of prevailing wage request

Mr. Lee answers:
PERM labor certification applications require a prevailing wage determination of the offered position for the case to be filed with the Department of Labor (DOL). The prevailing wage must be paid at the latest at the time that the permanent residence application is approved. Whether the employer pays the prevailing wage prior to that time to the alien is not a primary concern of DOL, which is the protection of US workers. That means that DOL will want to be assured that the employer is offering that wage to the US workers who apply for the position, and that the employer is not rejecting US workers because the alien is willing to work at a lower rate.

3. I Have a Temporary Residency for 2 Years But He is Asking for Divorce.

I am from Venezuela and have been married over a year with an US citizen. How can I do so the divorce does not affect my residency?

Mr. Lee answers:
The best action is to gather together and keep in a safe place all evidence that you and he have had a bona fide marriage. When the divorce is finalized, you can submit the I-751 Petition to Remove Conditions on Residence with all the proof of your marital relationship. If U.S.C.I.S. is convinced through the documentary evidence and/or interview with you that the marriage was bona fide, you would be allowed to have your conditions removed on the green card.

 

1.Green Card Holder Applying for Unmarried 28 Year Old Child

How long it usually lasts to bring over an unmarried 28 years old, biological daughter to the USA if I am a Green Card holder since 2014. Will my Citizenship (in two years) speed up her case? What is the fee for?

Mr. Lee answers:
A good guesstimate is 7-8 years. In this case, citizenship usually does not help as, believe it or not, a guesstimate for that situation is at approximately 8-9 years now for most people in the world. The current I-130 petition fee with U.S.C.I.S. is $535.  Insofar as our legal fee is concerned, we do not publicly quote but it is reasonable.

2.Can I Have My Marriage Annul?

I married an illegal alien in 1991 who was supposed to be deported but fled to another country before they caught him. I need to know if we’re married. I’m trying to get married and I haven’t seen or spoken to him since 1991. I hoping that everything was just annulled. I’m trying to get married now and want that part of my life over. Also, we were married in Orleans parish by a Justice of the peace, but I do not remember what his name is.

Mr. Lee answers:
You cannot marry another without having your former marriage terminated. In every state, there is a record of marriage. In Louisiana, the office of the state registrar compiles and issues vital records for Louisiana citizens including for marriage. You can access the website at new.dhh.louisiana.gov. You can also check the records to see whether there has been a divorce filed by your marriage partner. If not, you can begin a divorce action on your own.

3.My Fiancé Is On Immigration Hold And Is Being Held In A Local Jail Facility

A month ago my Fiancé was getting out of court for a case he has for an Assault and Battery . Immigration was waiting for him outside and took him. He’s been held and ICE obviously does not give me any information if he has a bond or not. I’m 4 months pregnant with his child and I’m a high risk pregnancy and he’s my only provider for now. We have an apartment together but since he’s not working due to being in jail I had to give up my apartment and now I’m staying with a family member for now. Is there any way he will be able to get out on bond or with an ankle bracelet because I need him more then ever to help me with my pregnancy and living situation. He was my only help and now that he’s been gone so long I’m having so many problems emotionally and financially. He worked 24/7 and the assault and battery charge was for a fight we had and I’m fixing that in court because there were a lot of lies in the police report. What can I do to help him out?

Mr. Lee answers:
Hopefully the charge can be dismissed or changed as a conviction for domestic violence against a fiancé is a permanent bar to immigration. With a dismissal or change in character of the charge, and if you are a US citizen or permanent resident and marry and petition for him, ICE may give him a bond or release him on his own recognizance or with ankle hold assuming that he has not had prior criminal incidents or a bad immigration history.