Alan Lee – Page 17

Q&A’s published on Lawyers.com and the Epoch Times on September 4, 2020 1. How Can I Expedite Process to Obtain Green Card as a Spouse of U.S. Citizen? 2. Can I Change B-1 Visa into H-1B or Permanent Residency in USA? 3. If I Have a Green Card for 2 Years, Can I Divorce Before This Times Expire Without Losing it?

1. How Can I Expedite Process to Obtain Green Card as a Spouse of U.S. Citizen?

My husband is a US citizen, I am Swiss, married in 1995. I have applied in Phoenix I am told it takes 20 months! We have recently moved to Scottsdale as a permanent residence. Currently I have a B-2 visa. I need to have a social security number asap for a number of formalities here and in Switzerland and I understand I cannot get it without a resident status.

Mr. Lee answers:
The processing times of U.S.C.I.S. are an approximation, and many cases are called to interview before the end of the stated processing periods. That being said, even if the true processing time in your case is 20 months, U.S.C.I.S. would not expedite your case unless it was emergent. Obtaining a Social Security number can be done without having an approved case. If you file for employment authorization on form I-765 Application for Employment Authorization at the same time that you file the I-485 Adjustment of Status Application To Permanent Residence, the agency will normally process a work authorization within 3-6 months. With a work authorization card, you can apply for and obtain a Social Security card within a month.

2. Can I Change B-1 Visa into H-1B or Permanent Residency in USA?

I travel to USA every two years because my brother family is in New York so my whole family is on B-1 Visa. Actually, I applied 2 times for H-1B visa but unfortunately my name was not been selected due to random selection process. Last time for H-1B I applied on 2016. My brother has own company is New York and few other companies from family. They want to hire as IT Professional in their office but due to random selection process in H-1B I am unsuccessful. Is there any way to get employed over there on my brother’s company without going to random selection process OR if I am been in USA , can I change my status from B-1 to H-1B directly.

Mr. Lee answers:
Unknown factors in your question make it difficult to give good advice. Where were you born? What is the nature of your brother’s company? What is the setup of his company? Is it profitable? What other options might you have? I suggest that you make an appointment with an immigration lawyer who can go over all of your circumstances. Insofar as your question of whether you can change status from B-1 to H-1B directly, you would likely not be able to do so with your brother’s company because of timing issues, but might be able to do it with a cap exempt organization such as an institution of higher education, an organization affiliated with an institution of higher education, a government research Institute, or a nonprofit research institute. Companies like your brother’s are subject to the annual cap on H-1B visas, and can only file H-1B visa petitions during the first five business days of each April.

3. If I Have a Green Card for 2 Years, Can I Divorce Before This Times Expire Without Losing it?

I applied for a green card but my situation with my wife is not good anymore. I am thinking about getting divorce but don’t know if I will lose all my process and my green card.

Mr. Lee answers:
I assume that you are a conditional resident through your wife and then you will have to file an I-751 application to remove the conditional basis on resident status within the 90 day period before the second anniversary of the conditional resident grant. If you are divorced or have a legal separation, you are prohibited from filing a joint petition with your wife to remove the conditional basis. However, with a divorce, you can file a petition by yourself on the basis that the marriage was bona fide at the beginning and attach all evidence showing such in the I-751 petition. You can also remove the condition by showing that you are a battered spouse or that you would suffer extreme hardship if you return to the home country, such hardship having occurred during the period of conditional residence.

Q&A’s published on the World Journal Weekly on August 30, 2020 1. Petitioning for My Parents in China. How Difficult Will It Be for Them to Pass the Public charge Requirement? 2. What Will Happen to My Labor Certification Green Card Case Since I Was Born in Hong Kong and How Long Will it Take for Me to Immigrate? 3. Can I Apply for DACA Now That the Supreme Court Ruled That the Program Could Continue? 4. Can You Tell Me if It Will be Safe to Go Into USCIS Offices for Interviews When They Are Scheduled?

1. Petitioning for My Parents in China. How Difficult Will It Be for Them to Pass the Public charge Requirement?

I just became a US citizen and want to apply for my parents in China. I am really concerned because I heard that the Trump administration is making it very hard for persons who do not have much income or assets to immigrate. Currently I am married with two children, and our income level (combined) for the past three years has been around $60,000 annually. We have a house with very little mortgage left on it, and about $25,000 in savings.

Mr. Lee answers,
Under normal circumstances, you would appear to have a good chance of immigrating your parents in the absence of outstanding disabilities on the part of your parents that would require much medical assistance by the government. The public charge rule which went into effect on February 24, 2020, places an onerous burden on petitioners and the people that they sponsor to show more and count a number of factors in deciding the admissibility of people under the rule. This rule during the time of pandemic has been dropped by the government after its recent loss in the District Court in New York. The Department of Homeland Security has issued a memorandum that as long as the ruling is in effect, USCIS will apply the old public charge guidance to any adjustment of status application adjudicated on or after July 29, 2020. The Department of State is also complying with the court’s order and in the process of updating its guidance to consular officers on how to proceed. The situation, however, remains volatile. It remains to be seen whether the court’s ruling will stand and if so, how the public charge law will proceed after the time of pandemic. (I note that under the new public charge rule, you may still be able to immigrate your parents, but would likely have to show much more documentation to do it).

2. What Will Happen to My Labor Certification Green Card Case Since I Was Born in Hong Kong and How Long Will it Take for Me to Immigrate?

I work as a market research analyst under H-1B visa and I took up my employer’s offer to sponsor me for the green card last year because I am from Hong Kong and the company lawyer said that my case would take less than two years if everything went well. Now we hear that because Pres. Trump is mad at China, I am now assigned to China. What does that mean for my case? My priority date is November 2019 and my labor certification application was approved in May 2020. My I-140 petition is now pending with USCIS.

Mr. Lee answers,
On July 14, 2020, Pres. Trump issued Executive Order 13936, “Pres. Trump’s Executive Order on Hong Kong Normalization” which among other things would no longer treat Hong Kong as an area having its own immigration quota under US law and instead assign it under China’s immigration visa quota. The State Department is still reviewing the question of whether Hong Kong born individuals can be chargeable to mainland China legally, but that may very well be swept under the rug given the politics of the State Department and that the Secretary is very much in the president’s corner. Currently for the month of August 2020, the visa bulletin final action dates show that China EB-2 for cases requiring an advanced degree or a bachelor’s +5 years experience is only up to cases filed before January 15, 2016, and for cases under EB-3 requiring a baccalaureate degree or two years experience up to February 15, 2017, one year more advanced. It is difficult to know how long it will take for your case under the China quota to become current given the vagaries of immigrant visa counting and the underuse of the numbers in this fiscal year, but given the more advanced state of EB-3, you may wish to file a petition under that category if you have not already done so.

3. Can I Apply for DACA Now That the Supreme Court Ruled That the Program Could Continue?

I qualified in all respects for DACA except that I was not yet 15, the minimum age for applying, when they stopped accepting new applications. I have been continuously in the US since June 15, 2007; was physically present in the country on June 15, 2012; had no lawful status on June 15, 2012; have not committed any crimes; and am still in high school. If I put in a new application at this time, what will happen to it?

Mr. Lee answers,
The Supreme Court decision preserved DACA a in a 5-4 decision in June 2020 as Chief Justice Roberts did not believe that the government had followed legal procedure in trying to stop the program. Although Pres. Trump said in a TV interview on the Hispanic channel Telemundo that he could give a path to citizenship for the Dreamers, his administration has done exactly the opposite in a pending case, Casa de Maryland v. US DHS in which it said last week that new applications would neither be granted nor rejected, and instead held in a bucket pending a policy consideration by DHS; and the last word was a July 28, 2020, memorandum in which DHS said that it would reject all pending and future initial requests, reject all pending and future applications for advance parole for DACA members absent exceptional circumstances, and shorten DACA renewals from two years to one year. This is likely not the final answer, but you may wish to wait and see what happens before putting in a new application at this time.

4. Can You Tell Me if It Will be Safe to Go Into USCIS Offices for Interviews When They Are Scheduled?

I am being petitioned for by my US citizen mother for the green card. I, my wife, and our two kids are here under my H-1B visa. Our priority date finally cleared, and we were scheduled for an adjustment of status interview at the immigration office in April that was canceled because of the pandemic. Now I hear that Immigration will begin to reschedule all the canceled interviews beginning in August. We are very nervous because I and my wife have medical conditions and are scared of catching the coronavirus. Will we be safe in going to the interview?

Mr. Lee answers,
One of the discouraging things that one hears about USCIS these days is its constant complaint that it is running out of money, needs to raise fees, and obtain funding from Congress. The latest is that it will furlough up to 70% of its workforce at the end of August if it has not received relief from Congress. That being the case, the agency probably does not have adequate funding to maintain complete office safety. I doubt that the agency has the ability to wipe down surfaces including chairs and bathrooms every couple hours or the personnel to enforce social distancing in elevators, escalators, hallways, and waiting rooms. You can do a few things to protect yourself such as maintaining your family’s social distance from others; bringing sanitary wipes to clean your own seats; wearing masks and gloves; bringing your own pens, etc. The agency has said that it will space out interviews, mark off seats to maintain distancing, put plexiglass barriers between officers and the public, provide face coverings from people who come without face coverings, and be flexible on rescheduling missed appointments. Hopefully that and other improvements that it may make before your interview along with your own safety precautions will protect you and everyone else with whom you come into contact.

Q&A’s published on Lawyers.com and the Epoch Times on August 21, 2020 1. Can I Request I-485 to be Joint? 2. If I Get Paid $12.50/hr with 40 Hours a Week, Is This Enough to Bring My Girlfriend to the USA from Philippines? 3. Can You Get Married in the US Even If You Are Still Legally Married in the Philippines?

1. Can I Request I-485 to be Joint?

We file I-130 a week ago for my wife. We get the I-797c notices I have been reading around and it state it most case the I-485 can be requested to joint to the I-130. I just want to know if I can go ahead and send I-485 even thou I 130 is pending.

Mr. Lee answers:
As you have the I-797C receipt notice, you are able to use that to file an I-485 adjustment of status application to permanent residence for your wife at this time if you are a US citizen and she entered the country legally. You would attach a copy of the I-797C receipt in the I-485 filing to show that the I-130 petition is pending. U.S.C.I.S. will process the I-485 and usually link the I-130 petition with the I-485 filing in time for the interview.

2. If I Get Paid $12.50/hr with 40 Hours a Week, Is This Enough to Bring My Girlfriend to the USA from Philippines?

Mr. Lee answers:
$12.50 an hour with 40 hours a week or $26,000 per year may not be enough to convince a skeptical consular officer to issue a B-2 visiting visa. American consular officers like to be convinced that a visa applicant has enough support to visit the US without having to work. If your girlfriend or her family have monies of their own, she could show that to the consular officer as proof that she would not have to work in the US. Also if you have close relatives who are capable of giving an I-134 affidavit of support, that might help. She will also have to convince the consular officer that she intends to just visit and will return at the end of her stay.

3. Can You Get Married in the US Even If You Are Still Legally Married in the Philippines?

I knew somebody who came here as a J1 intern for a year. He is married legally in the Philippines and has a kid with that marriage. Now he is married to an American. Is it even legal? How can he get a permanent residency card in that situation?

Mr. Lee answers:
If a person is still legally married regardless of wherever that person was married, he or she would be committing bigamy by marrying another without having the marriage annulled or otherwise dissolved. U.S.C.I.S. would not approve a permanent residence application if it knew that the applicant was not free to marry the petitioner.

Article: Fort USA Arises In The Gloaming

As published in the Immigration Daily on August 14, 2020

American forts were built in great numbers in the 1700s-1800s and contributed greatly to the westward expansion of the country. Regardless of how you look at the history of the nation and the number of wrongs committed in building America, one cannot argue that forts built along the way served to push expansion by placing troops within reasonable distance when called upon.

Now the American fort is rising in the twilight of these four years, but rather than for expansion, for the hermetical sealing of this country. In every way, the Trump administration has moved to wall off the nation from the rest of the world and to return to the cultural America of the 1950s, an era replete with discrimination, Jim Crow laws, and white supremacy.

To turn back the clock, the administration has done everything in its power to forcibly expel and discourage immigrants from staying; to encourage US citizen children to leave with their parents; to bar the admission of qualified immigrants and nonimmigrants; discourage citizenship applications; and push to revoke the citizenship status of numerous individuals. It has taken advantage of the pandemic to issue a series of exclusionary presidential proclamations in the name of public health concerns, while at the same time taking no steps to take control of the coronavirus spread and assigning that responsibility to the nation’s governors while sniping at them from the sidelines. Mr. Trump has also gotten the CDC to act as his henchman in further issuing rules restricting the entry of foreigners. The political games of this administration and the pandemic have played out according to Mr. Trump’s likes and dislikes such as derogatorily assigning the blame for US infection to China while ignoring the fact that the vast majority of US coronavirus cases originated from European travelers; not including a heavily infected Russia in the list of countries whose travelers are barred from the US; and arbitrarily allowing students from the Schengen area of Europe to come to the US despite their specific ban under presidential proclamation.

A whiter and “cleaner” America is the goal and the stopping and expulsion of immigrants has been an important part of the strategy. Fort America is about half complete with most of the border wall to be built, and other measures have been implemented to win the party of Trump and Trump another four years to complete the job through measures such as voter suppression, cost-cutting the Postal Service to handicap it from fulfilling its duty to handle mail-in ballots, discouraging undocumented immigrants from participating in the census thus affecting reapportionment of House seats, and even surreptitiously running Kanye West for president to siphon black votes from Joe Biden in key states.

It seems apparent that another four years of this administration will finish off whatever is left of immigration as we know it today. For the sake of a whiter America, this administration has ignored all evidence that immigrants have contributed much more in benefits than they have taken in public benefits; that they have revitalized blighted cities and towns; that they have stopped America from becoming an “aged” country that cannot support its Social Security system; that they commit far less crimes than the rest of the American populace; and that they have culturally benefited the country through their foods, traditions, and ideas. In the pandemic, many of them have saved American lives and sacrificed themselves as essential workers including doctors, nurses, EMT technicians, other hospital workers, researchers, farmworkers, meatpackers, grocery store workers, food delivery workers, etc.

The hermetical sealing of this country is also encasing America in a rusted suit of armor from which it cannot move and can only look on as the administration has ceded its dominance as the moral and physical leader of the planet. Whereas Russia has moved unimpeded in conflict zones and become the feared powerbroker in the Middle East, the US has done nothing but betray trusted allies in the region. Its stance on China has been that of a paper dragon doing little to stop China’s march to dominance over much of Asia and parts of Africa. Despite beefing up military spending and at one time surrounding himself with a phalanx of retired generals in important positions, Mr. Trump has hobbled the actions of the Armed Forces, making the US the weak man in the military community.

In the gloaming, the Republican Party’s visionary America’s Fort sits, with its non-colored inhabitants perpetually patrolling the ramparts against the outside world. One wonders what four more years will bring.

Q&A’s published on Lawyers.com and the Epoch Times on August 7, 2020 1. What is The Fastest Way to Move From F-1 to H-4/H4-EAD? 2. Asylum Denied and Placed in Removal Preceding. I Married a US Citizen and Had I-130 Interview. Can I Travel Abroad and Return Back? 3. If a Person Was Charged with Embezzlement and Served Jail Time Before Being Deported in 2008, Can He Return to the United States?

1. What is The Fastest Way to Move From F-1 to H-4/H4-EAD?

I am currently working on F1 STEM OPT extension which is expiring on 5th July, 2020 and my husband is on H1-B with an approved I-140 for green card. My H1-B was filed this year in premium but I haven’t heard if my application was picked in the lottery. If my application is not picked in the lottery this year, I will have to move to H4 and H4-EAD to continue working in the US. So, in my case, what will be the best and the fastest way to get converted to H4 and obtain a H4-EAD. I know I can file both together and go on a leave of absence at my job till I receive my EAD. And the estimated timeline for this might be 5-6 months. So is there any better way to move to H4 and H4-EAD with the least period of absence from my work. I was suggested to just re-enter US with a fresh H4 and then apply for EAD once I am in the country. But I don’t know if this will be faster and if it will work.

Mr. Lee answers:
From our experience, we do not see too much benefit from your idea that you can receive a quicker adjudication of the H-4 EAD if you go outside to interview for the H-4 visa, enter the US, and then apply for the EAD alone instead of applying for both the change of status to H-4 and an employment authorization. U.S.C.I.S. accepts concurrent filings of both, and usually adjudicates the EAD application as soon as the H-4 is approved. Also with the amount of time spent in applying for and receiving the H-4 visa overseas, there would likely not be much of a savings in time if any.

2. Asylum Denied and Placed in Removal Preceding. I Married a US Citizen and Had I-130 Interview. Can I Travel Abroad and Return Back?

I was denied asylum and placed in removal preceding, recently I married US Citizen and had my I-130 interview. Can I travel abroad and return back to my husband in US ( I mean if I apply for advanced parole)?

Mr. Lee answers:
U.S.C.I.S. has a rule of not giving advance paroles to individuals in removal proceedings. Although the Board of Immigration Appeals had a ruling that departures under advance parole do not count as “entries”, that ruling did not touch upon persons under removal proceedings. There is the danger that you would be seen as having removed yourself by leaving the US and face a bar on reentry to the country even if you somehow managed to obtain advance parole.

3. If a Person Was Charged with Embezzlement and Served Jail Time Before Being Deported in 2008, Can He Return to the United States?

A family member was charged with embezzlement back in 2006 in CA. The said person then served time in prison and was deported either in 2008 or 2009. since it has been some years since then, if I was to start the process on applying for a green card on their behalf would it be worth it or would I be wasting my time

Mr. Lee answers:
Embezzlement is a crime involving moral turpitude at the very least and an aggravated felony at the worst if the amount embezzled exceeded $10,000 or the individual was sentenced to at least 1 year imprisonment. If there is to be a chance, there must be a petitioner capable of providing the basis upon which he can immigrate to the US, e.g. US citizen or permanent resident wife or child over the age of 21. He would also have to apply for a waiver of the crime, and so would have to have a spouse, parent, son or daughter who would suffer extreme hardship if the waiver application was turned down. Lacking those circumstances, you should not go forward. Even with the elements in place, the chances of success are problematic.

Q&A’s published on Lawyers.com and the Epoch Times on July 24, 2020 1. Either I Can Apply for H4 EAD Now or Shift to F1 Visa from H4. Which is Better in Current Situation in USA? 2. If Someone Else Becomes an I-864 Sponsor, Can My Sponsorship Be Dissolved? 3. Can I Study While My I-485 is Pending?

1. Either I Can Apply for H4 EAD Now or Shift to F1 Visa from H4. Which is Better in Current Situation in USA?

I am joining a graduate school this fall. In order to work in USA, either I can apply for H4 EAD now or shift to F1 visa from H4. which is better in current situation in USA

Mr. Lee answers:
The choice of whether to apply for H-4 EAD or to shift to F-1 visa is up to you at this point. The H-4 EAD situation is still valid at present although it is one of the targets of the Trump administration for elimination. Under F-1, you would generally have to attend schooling for a year before being allowed to work under curriculum practical training unless that was a part of the program that requires internship or fieldwork.

2. If Someone Else Becomes an I-864 Sponsor, Can My Sponsorship Be Dissolved?

Divorced but am still my EX’S sponsor (form I-864). If she remarries am I still responsible? What if her new husband files for sponsorship?

Mr. Lee answers:
If your ex-wife remarries and if the new husband files for sponsorship, you would still be on the hook if your ex-wife attained conditional residence through your sponsorship. On the other hand, if her case through you was denied, you would not be responsible as the I-864 is a contract between you and the government under which the obligation begins when your ex-wife received the benefit.

3. Can I Study While My I-485 is Pending?

I am going to marry my fiancée after I am done with my associates degree, I however want to start my bachelor degree right after. So I have a gap of a couple of weeks between my AA and my BA. My question is, can I start studying again as soon as the I-485 is pending, or do I have to wait for the temporary work permission to arrive?

Mr. Lee answers:

If you are marrying a U. S. citizen, any gap in status will generally be disregarded at the time of your interview for the green card. If you are marrying a lawful permanent resident and adjusting status by filing form I-485, you must be in valid status at the time of filing form I-485. In addition, you cannot violate your status even after filing the I-485 by taking on unauthorized employment. That being said, a gap in schooling after marrying and filing the I-485 application would have no effect upon your ability to adjust status. In your situation, if you are holding F-1 status for both your associates degree and your bachelor’s degree programs, you would not be violating status by having a gap of a couple of weeks as the law provides for gaps of time between 2 levels of schooling. Even if you were not choosing to advance to a bachelor’s degree program, you would still be in legal status as an F-1 student for 60 days after completing studies during the grace period for you to change or extend status or depart the United States.

Article: State Department Allowing Schengen Area, UK And Ireland F-1 And M-1 Students To Enter Despite Ban Under Presidential Proclamations 9993 And 9996; And Other Miscues Interpreting 6/22/20 Proclamation.

As published in the Immigration Daily on July 21, 2020

In a startling turnabout on July 16, 2020, the Department of State (DOS) invited F-1 and M-1 students from the Schengen Area of Europe, the UK and Ireland to enter the US under their visas despite bans under Presidential Proclamations 9993 and 9996 specifically barring persons from these countries from entering the US if they were in them within 14 days of entry. [1]. The Department stated that “Students traveling from the Schengen Area, the UK, and Ireland with valid F-1 and M-1 visas, do not need to seek a national interest exception to travel.” While good news to many, it hardly makes sense unless the proclamations themselves are lifted. A partial lifting sub rosa without reasoning further damages the image of the United States as a country of laws. The proclamations were put in place because of the numbers of infected citizens of those countries and the danger that they posed to the US in spreading the pandemic if they arrived. Is it perhaps that the danger of Covid-19 is no longer relevant as the US recently reached 70,000 infections in one day? Is it that the daily totals of some of the countries being exempted are no longer alarming taking into account the spread in this country? Last week’s statistics on some of the countries now being exempted show France at 2552 infections daily, Spain 1400, UK 687, Germany 529, Poland 339, and Italy 249.

It certainly appears to be political – otherwise, why is there not a similar privilege being given to China that last week recorded 17 infections daily? And why not impose a presidential proclamation against Russia with its daily infection rate of 6109? If Mr. Trump could impose against Brazil, why not Russia?

Your writer is unfortunately not a great fan of social media, but muddled his way around as the State Department is giving answers to questions in FAQs on Twitter concerning the 6/22/20 nonimmigrant H-1B, H-2B, L-1 and certain J visa bars on entry. In looking over the various answers, one would hope that the Department takes more care in giving answers as some of them were wrong or misleading.

On at least five occasions concerning the fate of overseas derivatives spouses and children whose principals were in the US and in the above visa categories, the standard response was “Per Section 3 of the Presidential Proclamation, suspension of entry applies to ‘Any alien who does not have a nonimmigrant visa that is valid on the effective date (June 24) of this proclamation.’ See the link for exceptions.” Also that “We will not be issuing H-1B, H-2B, L, or certain J visas, and their derivatives through December 31, 2020, unless an exception applies.” Yet in another July 16, 2020, official statement by the Department, it said that” The Department of State will continue to issue H, L, and J visas to otherwise qualified derivative applicants who are otherwise currently excepted or where the principal applicant is currently in the United States.” [2].

The official answer appears to finally recognize that the Section 3 exception of the proclamation (proclamation not applying to those in the US on its July 24, 2020, effective date) stretches to cover family members who are now eligible for visa issuance. It also seemingly answers the question that those principals who were in the US on the effective date of the proclamation should be able to leave the country and be visaed in those categories barring their inclusion in other bans – that they should not have to wait until after December 31, 2020, for visa issuance. On this, the Department should issue further guidance to the consular posts.

On the tangential point of five questions asked as to when DV-2020 winners could interview for visas, the stock response was “Presidential proclamation 10014 suspended the issuance of several categories of immigrant visas, including DVs. This proclamation was recently extended until December 31, 2020. While the proclamation is in place, the issuance of DVs is not permitted.” To that, there was an excellent response by the asker that “The proclamation only suspends entry. It does not mention suspending the interview and visa issuance process. For #DV 2020 winners this process needs to happen before September 30. We are suspended from entering till after the proclamation ends, but at least we still get our chance.”

Finally in answering a question from an individual applying for adjustment of status and having advance parole and asking whether they were allowed to travel to the US with their B1 B2 visas while their DV 2020 was under advance parole, the Department’s answer that “Foreign nationals with valid visas are generally authorized to travel to a US port of entry” was clearly wrong as applicants for adjustment of status can only travel outside the US under advance parole and reenter under advance parole – otherwise the adjustment of status application is deniable.

While one cannot be but pleased with the official responses of the Department of State, the Department is urged very strongly to give more attention to its unofficial Twitter responses that are taken very seriously by members of the public.

[1] National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland, Department of State, July 16, 2020.

[2] Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Non-Immigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, Department of State, July 16, 2020.

Q&A’s published on Lawyers.com and the Epoch Times on July 10, 2020 1. How Do I Change Visa Type? 2. I Think My Husband Married Me to Get to the U.S. Because After He Got His Green Card His Actions Toward Me Has Changed. 3. What Kind of Visa Can I be Eligible If My Brother Has a US Green Card?

1. How Do I Change Visa Type?

My friend from Brazil is here on a B1/B2 visa. He wants to do freelance video production. Is it possible to apply for a change of status (COS) to some type of work visa?

Mr. Lee answers，
I cannot think of an appropriate visa for your friend from Brazil to change status to in order to do freelance video production unless he is good enough to qualify for O-1 extraordinary alien status. If not, he may wish to consult with an immigration lawyer to go over his options and what compromises he is willing to make with his goals if he is eligible to obtain some other type of visa status to remain in the country for a longer period of time.

2. I Think My Husband Married Me to Get to the U.S. Because After He Got His Green Card His Actions Toward Me Has Changed.

My husband has been here for one year and three months. After four months here I caught him on a dating site seeking a relationship. I have also found pictures in his phone of a woman with a baby sent to him back in his country. I have found a Mexican lady in his phone as well. When I asked him about these he would say the woman with the baby is his friend’s wife. However, its several pictures. He also deliberately picks fights with me I think to try to ruin the relationship. He wants to be looked at as a good guy by his friends and family. He has opened his own bank account he used to deposit money into our joint account but now he don’t. I feel like he is planning things behind my back. If I feel like he used me to get here and want a divorce what can I do?

Mr. Lee answers，
If your husband is a conditional resident, you can decide whether to assist him in removing the conditional basis of residence status by signing the I-751 form and cooperating throughout the adjudication process. If he is already a permanent resident (marriage was at least two years old prior to him coming to the US), you have less hold over his actions. At present, you have suspicions, but there is likely nothing that you can do with them vis-a-vis U.S.C.I.S. Even in the event that he eventually initiates divorce proceedings, you would probably not interest the agency into going after his green card since it appears that he has been living with you for the duration of time that he has been in the US.

3. What Kind of Visa Can I be Eligible If My Brother Has a US Green Card?

My brother(26 years old) won the green card lottery and I – sister (25) want to learn the important steps of the application process as well as I want to know if I can also benefit that opportunity: residential visa, working permit, etc. He lives in Europe and I have been living in the US for the last 3 years with an F-1 visa.

Mr. Lee answers，
Unfortunately there is no benefit to be received from a brother or sister who obtains a green card under US immigration law. You would have to keep maintaining your independent legal status in the US.

Q&A’s published on Lawyers.com and the Epoch Times on June 26, 2020 1. Child with Documented Immigration 2. Can I Ask for Asylum? I am Illegal for Nearly 20 Years. 3. I Have DACA, Can I Apply for a Green Card?

1. Child with Documented Immigration

I have a child with a documented immigrant and she’s trying to go back to her homeland to visit. What are the laws concerning that?

Mr. Lee answers，
The documented immigrant must check with the consulate or embassy of the home country to determine what the requirements are for the child to enter the country. I will assume for purposes of your question that the child was born in the U. S. and is a U. S. citizen. The documented immigrant should obtain a U. S. passport for the child and then check with the home government as to whether there are other requirements for the entry of the child. Coming back to the U. S., the documented immigrant’s passport and green card and the child’s U. S. passport would be sufficient for entry.

2. Can I Ask for Asylum? I am Illegal for Nearly 20 Years.

I have court approaching, if I am reported to ICE can I request for Asylum? I have court for driving unlicensed. I live in GA.

Mr. Lee answers，
Unless there are extenuating circumstances, an individual can only ask for political asylum within one year of coming to the U. S. illegally, or if the individual came to the U. S. under a nonimmigrant visa, within a reasonable period of time (usually less than 6 months) after the ending of the status. You can, however, request protection under withholding of removal which requires over a 50% probability that you will be persecuted upon return to the home country or protection under the Convention against Torture (CAT), under which you would have to prove by over 50% probability that you would be subject to an extreme form of cruel and inhuman punishment that must cause severe pain or suffering. For the Convention against Torture, even aggravated felons are eligible to apply. I note that asylum differs from the 2 other reliefs as the burden of proof is lower (applicants must show only a well-founded fear of persecution on account of race, political opinion, religion, nationality, membership in a social group, or past persecution) and a grant of asylum can lead to the green card whereas grants of withholding or CAT do not.

3. I Have DACA, Can I Apply for a Green Card?

I came from Mexico when I was 3 with my mother who had a short term working visa for both of us. We overstayed. What can I do to get a green card?

Mr. Lee answers，
Being under DACA means that you are allowed to stay, but without legislation providing a path to the green card, there is not much that can be done at present. For purposes of your question, I will assume that you are at least 18 years of age. As you came in legally with your mother, you could possibly adjust status to permanent residence if you marry with a U. S. citizen in a bona fide marriage. If you marry with a permanent resident who is a long way from citizenship or is ineligible or cannot pass the naturalization test, you could possibly take advantage of the I-601A program to obtain a waiver of the 10 year bar for staying in the U. S. for one year or more. The waiver application would be based upon your spouse suffering extreme hardship if you had to leave the U. S. If the I-601A application is approved, you could then return to Mexico for an immigrant visa appointment at the American consulate. Assuming that you are approved at the time of interview, you could return to the U. S. under residence status almost immediately. If the above is not an option, you can wait with all other members of the DACA class until your DACA situation is solved politically.

Article: Trump 6/22/20 Proclamation Suspending the Entry of Nonimmigrant Workers – Who is Affected and How.

As published in the Immigration Daily on June 23, 2020

The Trump proclamation is out and takes effect at 12:01 on June 24, 2020, which means one minute after the witching hour tonight. If you are in the US before that, you are mainly immune from the order – if you are outside, you may be affected by the order.

This goes hand-in-hand with the order for the bar on immigrant visas, and so for both immigrant and nonimmigrant visas, the bar to entry is now through December 31, 2020. The language extending the immigrant bar and the new nonimmigrant bar has another kicker in saying that it may be continued as necessary after the expiration on December 31, 2020. It follows with the language that within 30 days of June 24, 2020, and every 60 days thereafter while the proclamation is in effect, The Sec. of Homeland Security shall in consultation with the Secretary of State and the Sec. of Labor recommend any modifications as may be necessary.
Nonimmigrant visa entries are suspended for H-1B or H-2Bs and their dependents, J-1 interns, trainees, teachers, counselors, au pairs, or summer work travel program people and their dependents, L visa entrants and their dependents. Previously it had been thought that au pairs would be exempt from the bar.
The bar applies only to people who are outside the United States on the effective date of the proclamation. It does not apply to individuals outside the US who have a valid visa by June 23, 2020. It also does not apply to those who have an official travel document other than a visa such as a transportation letter, or advance parole valid on June 23, 2020, or issued on any date thereafter permitting travel to the US.
Exceptions are for LPR’s (although one would wonder why an LPR would be trying to come in on a nonimmigrant visa), spouses or children of US citizens, someone providing temporary labor or services essential to the United States food supply chain, and anyone whose entry would be in the national interest as determined by the Secretary of State, DHS Sec., or their respective designees. For purposes of determining any of the exceptions, it will be up to the consular officer to determine in his or her discretion whether a nonimmigrant has established eligibility.
For purposes of determining whether a national interest applies, State, Labor, and Homeland Security Secretaries are to establish standards to define categories including those that are critical to defense, law enforcement, diplomacy, or national security; are involved with the provision of medical care to people who have contracted Covid-19 and are currently hospitalized; are involved with providing medical research at US facilities to help the US combat Covid-19; or are necessary to facilitate the immediate and continued economic recovery of the United States.
[This last criterion could open up the possibility of bringing in a hotshot L-1 boss or entrepreneur].
From a look at the outlined sample categories, it is questionable whether many individuals with unrelated approved EB-2 NIW cases could qualify for an exception, e.g an NIW for establishing reading programs for special needs children.
The proclamation will also make people applying for a visa go through more scrutiny as they will now have to be registered with biographical and biometric information, including but not limited to photographs, signatures and fingerprints.
The proclamation intends to dampen enthusiasm further for those applying for H-1B’s and EB-2/EB-3 immigrant visas as it directs the Sec. of Labor in consultation with the Sec. of Homeland Security as soon as practicable and consistent with applicable law to consider promulgating regulations or take other appropriate actions to ensure that the presence of aliens who have been admitted or otherwise provided the benefit or who are seeking admission or benefit does not disadvantage US workers, which will likely mean making employers pay not just prevailing wages, but more for the privilege of sponsoring aliens and more checks and investigations into labor certifications and LCA’s.
The proclamation also charges the DHS Sec. with taking appropriate and necessary steps to prevent aliens with final orders of removal; who are inadmissible or deportable from the United States; or who have been arrested for or charged with or convicted of a criminal offense in the US from obtaining eligibility to work in the US. Among others, such a regulation would affect persons under orders of supervision; possibly those who have conceded deportability at a master calendar hearing; and anyone who has been arrested for or charged for even disorderly conduct.