Q&A’s published on Lawyers.com and the Epoch Times on November 20, 2020 1. I-130 Denied Notice Was Never Received. Will I Get Same Priority Date If I File New I-130? 2. I got married recently with to an U.S. citizen but she refused to fill the form-130 and left while I was about to file for my paperwork. what can I do? 3. Can a traffic violation in which I was fined and I paid the fine. affect my naturalization application. 4. Currently a DACA Applicant (have been for 8 years) married to a US Citizen, am I allowed to broad a cruise ship to the Bahamas?

1. I-130 Denied Notice Was Never Received. Will I Get Same Priority Date If I File New I-130  ?

As US citizen, I applied for my sister in 2007. Case status still says pending on USCIS website however when I called recently, I was told that the case was denied back in 2009 and a notice was sent. I never received the notice and officer suggested to file another I-130. My question is, if I apply for the same beneficiary under same category, will the original priority date be recaptured considering that my sister now has 2 sons. I am devastated to find out after so many years and I could swear that I had called USCIS many times for the same case in the past and each time I got a response that the case was still pending. What are my options?  What can I do to avoid the long delay? it has been 12+ years now and I don’t want to lose anymore time. Besides that my nephews will outgrow the new priority date (if new one given) at the time a visa is issued.

Mr. Lee answers:
A denied I-130 petition does not allow for retention of priority date with a later filing. If you can prove that U.S.C.I.S. sent the notice to an incorrect address or made some other error, you may be able to reopen the I-130 determination. You would have to further communicate with U.S.C.I.S. the way the you are doing it now to gain more information, or arrange for an infopass at a local field office (if that is allowed) or request a copy of the file through the Freedom of Information Act. 

2. I got married recently with to an U.S. citizen but she refused to fill the form-130 and left while I was about to file for my paperwork. what can I do?

Mr. Lee answers:
If your US citizen wife refuses to sponsor you for the green card, that is within her rights. You have no recourse with U.S.C.I.S. to force your wife to sponsor you. It may well be that she suspects that you married her just so that she could sponsor you for permanent residence. I note that some US citizens use the power that they have over the alien at this time like a baseball bat, which does not make for a good marriage. Marriage should be based upon trust. I suggest that you attempt to alleviate her concerns and otherwise discuss with her the reasons for her reluctance to sponsor you. If you do so and she is convinced of your love, she may then consent to sponsor you. 

3. Can a traffic violation in which I was fined and I paid the fine. affect my naturalization application.

I was speeding.  I drove 62 MPH on a 45 MPH limit. I paid my ticket on time and it was dismissed.

Mr. Lee answers:
A traffic speeding violation for which the fine was paid would not have any effect upon a naturalization application.  There is no act of bad moral character here.  

4. Currently a DACA Applicant (have been for 8 years) married to a US Citizen, am I allowed to broad a cruise ship to the Bahamas?

I have a “work authorization card”, “Real ID”, and Mexican Passport (Marriage License if needed) and would like to know if it is safe to take a cruise ship to the Bahamas for pleasure.

Mr. Lee answers:
As the Bahamas are not part of the United States, and DACA status does not allow travel, it would not in my opinion be safe for you to take a trip there on a cruise ship.

ALAN LEE, ESQ. CHOSEN 2020 SUPER LAWYER IN NEW YORK CITY

The 2020 annual list for the top attorneys in the New York Metro area is out and Alan Lee, Esq., was again selected as a Super Lawyer for New York City. He is one of only 2 lawyers of Chinese descent in the 69 attorneys chosen in the area of immigration law, the other being Tsui H. Yee. This is the ninth time that Mr. Lee has been selected, having previously been honored in 2011, 2013-2019. He exclusively practices U. S. immigration and nationality law in Manhattan near Penn Station with his son and associate, Arthur Lee, Esq.

Please click here for the “Super Lawyers – New York Metro 2020

Q&A’s published on Lawyers.com and the Epoch Times on November 6, 2020 1. What Can Happen During My Change of Status to B2 Period? 2. Consular Processing Parent of U.S. Citizen 3. Can I Renew My Green Card on a 5 Years Deferred Probation?

1. What Can Happen During My Change of Status to B2 Period?

I have a J1 visa. It expires on December 04, 2020 but I’ve just applied to changing of status to B2 and asked to start it November 1, 2020. I live with a host family but I don’t know what to expect from them when I tell that I have to leave before December. I want to tell them now so they have time to find someone before I leave. The question is if I have to leave before November 1st – in case the family asks me to leave. if it happens, will it can cancel my J-1 visa when I leave? Can be that a problem?

Mr. Lee answers:
I assume your J-1 is not subject to a two-year home-country physical presence requirement, otherwise you cannot change your status in the United States. The date that you put down on the I-539 application to extend/change status is only a request. The important part is that you have already put in the paperwork to change status to B-2. Even if the family asks you to leave prior to November 1, that should have no effect upon your pending application to change status. The timing of when to cancel or terminate your J-1 participation in a program is not determined by your host family, but by the program sponsor. An applicant who has filed a timely request to change status is allowed to remain in the U. S. during the time that the application is being considered. (I do note that if the time up to which you request expires in the future and you do not yet have an adjudication, you should either leave the U. S. or file another I-539 application if you intend to stay).

2. Consular Processing Parent of U.S. Citizen

My parent’s I-130 is approved. How do I know if NVC is processing my parent’s immigrant visa?

 Mr. Lee answers:
When the I-130 is approved, it is standard procedure for U.S.C.I.S. to forward the approved petition to the National Visa Center. Upon receipt, the NVC sends a notice to the petitioner that it has received the petition and assigns it a case number. From that point forward, the petitioner or the applicant of further work to be done are to pay the visa fee and submit documents. If the I-130 petition has been approved and you have heard nothing from the NVC, you can contact the NVC by telephone at 603-334-0700 or by email at AskNVC@state.gov

3. Can I Renew My Green Card on a 5 Years Deferred Probation?

I had a felony case in 2015 (aggravated assault with deadly weapon). I took a plea bargain and got deferred probation for 5 years. My green card expires in 2 months, but I’ve been told that I will get denied and deported. Should I apply now or wait till my probation is over in a year and half?

Mr. Lee answers:
The question of probation is likely not determinative as the green card renewal process is not regarded as an application for the green card by a nonresident alien. The question is whether the plea bargain that you took would make you removable from the United States, and whether there are any reliefs that you could seek if the government decided to begin proceedings against you. You may wish to make an appointment with an immigration lawyer who is versed in the effects of criminal offenses on immigration status before applying for a renewal of the green card.