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Article “Why The Trump/Republican Party Grand Plan Won’t Work – A Prelude To 2018 And 2020” as published in the Immigration Daily on July 28, 2017.

As published in Immigration Daily on July 28, 2017.

In the wake of the Democratic presidential victory in 2012, Sen. Lindsey Graham (R-SC) ruefully observed that the Republican Party was not generating enough angry white guys to stay in business for the long term. Donald Trump proved him wrong in the short-term in 2016 with the base that he turned out on fears of blacks taking over America’s culture; that he would reverse unfavorable trade deals and create millions of jobs; get rid of Obamacare and cover everyone more cheaply; and that he would deport criminal aliens and build the great wall between the U. S. and Mexico. He took advantage of the Bernie Sanders supporters’ unwillingness to switch to Hillary Clinton, lulled many Hispanics with his rhetoric concentrating on criminal aliens, blacks with the message of what did they have to lose in voting for him, and the LGBT community with assurances that he would be their friend.

Six months into the presidency, many of the people who voted for Mr. Trump have come to the realization that he is a flimflam man promising everything to everybody without hope of delivering on most of the promises. Without drastic reversal of policy, Republican chances in the 2018 midterms and 2020 presidential election appear to be sealed. The health care bills brought forth by the Republicans have been disastrous in the eyes of the American public as all of them refute Mr. Trump’s promise and most would deny coverage to 20+ million Americans who would have it under Obamacare, the “skinny” repeal and replace would delete 16 million, and repeal without replacing would be even more devastating (32 million) in placing American healthcare in the same sorry position it was in was before the institution of the Affordable Care Act.

The aim of driving the undocumented from the country is part of the Republican Party grand design that has the objective of allowing the angry white guys with their families and supporters to keep control with a minority of the U. S. population (non-Hispanic whites projected to be under 50% by 2043) by expunging those who would have children and are U. S. citizens by birth. Now and in the future, the children of the undocumented become eligible voters, most of whom in the past 20 years have voted Democratic. The thinking goes that if the undocumented can be driven out, their future children would not be U. S. citizens, and any present U. S. children would possibly leave with their parents. To that end, regardless of the drastic present and foreseeable damage to the economy and GDP caused by zero population growth and fear of arrest limiting the undocumented from going out and spending money for anything other than necessities, the Trump administration is moving forward with plans to expedite removals without hearings for all those found in the country who cannot prove that they have been here for more than 90 days, making all of the undocumented ICE targets by designating anyone unlawfully here as lawbreakers, sending those arrested to faraway detention centers where family/community support and legal representation are scarce, having bills introduced against sanctuary cities, handing out stiffer criminal penalties for illegal reentry, and prosecuting good Samaritans for providing assistance to the undocumented. To that end also, Republicans are moving for tighter identity rules at polling places nationwide, although there is no evidence of any widespread voter fraud. Such rules are designed to depress the votes of blacks and other minorities who generally vote Democratic.

Unfortunately for the Republicans, many of Mr. Trump’s moderate white voters who took a chance on him are beginning to see his broken promise on affordable healthcare legislation and many disapprove of his focus on mass deportation rather than just the removal of violent criminal aliens which he emphasized during his campaign. They see his ineffectiveness in U. S. companies still sending job overseas, his inability to reverse trade deals or the Iran nuclear deal, ineffectualness in dealing with China and North Korea, spouting untruths on almost a daily rate, creating chaos in the White House, cozying up to the Russians, and having no strategy for dealing with Syria or the rest of the Middle East. Blacks who voted for Mr. Trump or abstained from voting altogether have realized that they have a lot to lose under this presidency as the situation for violence in Chicago remains unabated and law and order in all its true colors gains ascendance over civil rights. Hispanics believing that the focus of Mr. Trump was only on criminal aliens have learned a huge lesson as he has widened the focus of enforcement to include all of the undocumented. Liberals from the Bernie Sanders camp and from the LGBT community who refused to vote for Mrs. Clinton have now seen the wrecking ball tear through many of their dreams. Finally Mr. Trump cannot expect further offers of assistance, official or unofficial, from Russian sources as they are all under intense scrutiny.

Republicans should realize that the unexpected and shocking confluence of events that propelled Mr. Trump and their party to victory in 2016 will not be repeated in 2018 or 2020 and that they will lose barring huge changes in direction.

The President and the Republicans are now desperately gyrating around many versions of healthcare legislation and not particularly caring which one passes, as long as one can pass with the Republican brand on it. But the light of day numbers by the CBO of how many tens of millions more would be left without healthcare are largely scuttling the misbegotten efforts of Mitch McConnell (S – Ky.) and his cohorts. They fail to understand that the ship has already sailed, and any version that they pass even after their disastrously defeated vote-a-rama last night will ultimately hurt them with their base, many of whom will be more attentive to the loss of healthcare benefits to themselves and a massive number of Americans than to a 7-year-old Republican Party pledge to end Obamacare.

This leaves a mess for the Republican Party, which after initial jubilation in late 2016 now finds itself tied fast to a scandal-ridden unstable President. At present, most members lack the moral courage to stand against Mr. Trump for fear of his inciting their constituents against them. But sooner rather than later, they will have to change their tune and band together in resistance against Mr. Trump if they are to have any chance in future elections.

Q&A’s published on Lawyers.com and the Epoch Times – 07/21/2017 1. How to Get My Mother a Green Card? 2. I Lost My Passport, Green Card and Social Security Card 3. Passport Stamped With “Denied with Prejudice”

1. How to Get My Mother a Green Card?

How hard is it to get my mother a green card? I’m a US citizen over 21 years of age?

Mr. Lee answers:
If your mother has no disabilities, e.g. fraud, misrepresentation, criminal acts, or prior deportations, and if she is overseas, you can file an I-130 petition for her, and she would be consular processed at the American Consulate or Embassy in her home country. If she is here in the US and entered the country legally, you would file the I-130 petition and she would simultaneously file the I-485 application for adjustment of status. If she has none of the above conditions that would prevent her from immigrating, U.S.C.I.S. would likely approve the application. If she entered the country illegally and has been here for over one year, it would become a more difficult situation for her to get the green card. In such case, you may certainly wish to have your mother obtain a consultation with an immigration lawyer.

2. I Lost My Passport, Green Card and Social Security Card

Lost physically documents and also presumably they are expired already. Scare that I will be deported.

Mr. Lee answers:
If you have a green card, you will not be deported just because you lost it. You can file for a replacement green card on form I-90 application to replace permanent residence card. On the passport, you can apply for another one at the consulate or embassy of your country in the United States. Insofar as the Social Security card is concerned, you can call, write, or appear at a Social Security office and should be able to obtain a replacement card.

3. Passport Stamped With “Denied with Prejudice”

Want to marry a person with the passport stamped “Denied with Prejudice”.

Mr. Lee answers:
There should not be a problem marrying a person even with such a passport stamp. The difficulty may be in later trying to sponsor that individual for permanent residence. At that time, either a U.S.C.I.S. examiner (if an adjustment of status application is filed) or US consular official (if consular processing is sought) may be more concerned with the reasons behind the stamp.

Q&A’s published on the World Journal Weekly – 7/16/2017 1. I Heard That The Entrepreneur Parole Rule Is In Trouble – Will It Still Come Out in July? 2. 3 Months Since Coming to U. S. With an Immigrant Visa and No Green Card in the Mail 3. Can I Get U. S. Asylum After Having Got Asylum in Mexico? 4. What is The New Form to Ask More Questions of Travelers, DS-5535, and How Will It Affect Me?

1. Divorce Before the Expiry of the Conditional Green Card

I married my girl friend of 3 years last year in August. My girl friend became a US citizen this January and I got my conditional green card in October. After living together for 3 years and being married for one, I can already see our marriage cracking. I don’t think it will survive more than few months anymore due to our differences and career issues. I want to know what can be done at this stage? so we can get out of this stressful relationship and also get my permanent green card, after all we have been together for 3 years and we tried our best to make it work.

Mr. Lee answers:
You can apply for removal of the conditional basis of your marriage-based green card as long as you are able to show that you are divorced and had a bona fide marriage at the inception. You should of course preserve all evidence of your marital life and living together prior to the marriage although I do note that documentation after the marriage is considered much more important. Items such as lease or deed, rent receipts if renting, utility bills, banking statements, credit card bills, health and life insurance, cable bills, etc. along with photographs are prima facie evidence of a marriage. I assume that you would have time by now to gather joint documentation. I note that the burden of proof is upon you to prove a bona fide marriage where you are applying on the basis of having had a marriage which is dissolved.

2. E-2 Visa

My nationality is Portuguese but I’ve got over 15 years living in Spain, with lawful residence permit and a property. Can I apply for an E-2 visa? I’m looking to become self-employed in the US. Portugal is not a treaty country but Spain is.

Mr. Lee answers:
Unfortunately treaty investor visas (E-2) depend upon the person having a passport of the treaty country. Having permanent residence and a property in Spain is not the same and does not qualify you to be considered an E-2 alien of Spain.

3.Extend a B-2 Visa

We came to united state 2 weeks ago as visitors. We got visas but we want to extend it. How can we do so?

Mr. Lee answers:
Usually visitors to the US are given six months at entry unless there are other factors in their case, at which time Customs and Border Protection can give a lesser amount of time. If you are indeed given a much smaller amount of time to stay, you should check the entry stamp to see whether there was something written there that would preclude change of status or extension of status. If not, you can extend a period of stay through filing form I-539 Application to Extend/Change Nonimmigrant Status with appropriate fee to the U.S.C.I.S. service center having jurisdiction over your place of residence.

Q&A’s published on Lawyers.com and the Epoch Times – 07/14/2017 1. Am I Eligible To Apply Asylum? 2. How Can I Remove Conditions on My Green Card if I Divorce From American Citizen? 3. Divorce

1. Am I Eligible To Apply Asylum?

I need information regarding changing my status on my c1d visa. Am I eligible to apply asylum? I came to the US 5 months ago.

Mr. Lee answers:
Individuals arriving in the United States on C-1/D visas are eligible to apply for political asylum. You should make the application within a year of your entry into the US. Your application would have to be based upon persecution or a well-founded fear of persecution on account of race, religion, political opinion, nationality, or membership in a social group.

2. How Can I Remove Conditions on My Green Card if I Divorce From American Citizen?

I’m married 3 years ago to an American citizen. She did a lot of things to help me in my life and when I came to United States she did a lot of things bad to me. We are a different religion and when she married me she asked me to hide this part front her family and all people. I promised her because I love her and now I’m here 1 year and 4 months. She kicked me out home more than once without food without money without anything 7 months ago. She rented a room for me to stay and all the time she is a liar with my family and talked about me bad with everyone. The only thing she doesn’t want to say is that she is married because we are in different religions (this is my opinion). All the time she threats me and she doesn’t want to fix everything. She told me before “I’m American citizen and you can’t do anything to me”. And that I have to upgrade my green card after few months and she doesn’t want to do any paper with me to proof this marriage in good faith.

Mr. Lee answers:
Removal of the conditions of residence status based upon marriage depends upon your ability to prove a bona fide marriage. If jointly, your wife would have to assist in the process. You may also be able to obtain removal of the conditions if you are divorced and able to prove that your marriage was bona fide in its inception. If you plan to apply to remove conditions in the latter manner, you should ensure that you are able to obtain and take away all documentation proving that you have been living together during the time of your marriage. Sometimes spouses in non-amicable breakups tend to throw away documentation which may help the other party, so you would be best advised to gather whatever documentation that you can and put it in a safe place so that you can later present it to U.S.C.I.S.

3. Divorce

My boyfriend of 6 months needs to get a divorce with his wife they have been separated and both in the states however they are from Jamaica. It’s an uncontested divorce for a Jamaican couple that’s been separated over a year.

Mr. Lee answers:
As long as there is proper service and compliance with state law, a divorce in the States is good for immigration purposes. I assume that this is your question.

Article “Economic Growth and Stifling the Buying of Goods and Commodities by the Undocumented” as published in the Immigration Daily on July 14, 2017.

Does anyone really believe that President Trump really knows what he’s doing with the economy? Last week’s revelation of the February memo by Matthew Albence, head of ICE Enforcement and Removal Operations (ERO) that all undocumented immigrants are to be targeted instead of just those who have committed crimes – “effective immediately, ERO officers will take enforcement action against all removable aliens encountered in the course of their duties” – promises to further shrink the economy all by itself as undocumented immigrants refuse to venture forth except for essential trips. Anecdotal evidence already suggests that many undocumented immigrants have gone from reaching out into communities to closing in amongst themselves. When the purchasing of consumer goods and commodities by 10-11 million individuals out of the US total population of 320 million (over 3%) is severely compromised by fears of arrest, and when long-term purchases of washers, refrigerators, ranges, TVs, vehicles and homes are no longer seen as practical, there is a blow to the economy. Big-box stores and manufacturers are starting to feel the cruel pinch as the undocumented shop less often and closer to home. It should also be remembered that the 3+% purchase more than their share as the vast majority of them, 85.9%, in a 2012 study, were between 18-54 years, prime ages for establishing families and purchasing cars, homes, and all the other accoutrements of living. A 2016 study, “The Economic Impacts of Removing Unauthorized Immigrant Workers” by the Center for American Progress, found that a policy of mass deportation would immediately reduce the nation’s GDP by 1.4% and ultimately by 2.6%, and reduce cumulative GDP over 10 years by $4.7 trillion.

This is already being reflected in the economic numbers of growth as cited in The New York Times article of July 6, 2017 “Hopes of ‘Trump Bump’ for U. S. Economy Shrink As Growth Forecasts Fade” that the Federal Reserve Bank of Atlanta now expects second-quarter GDP growth figures to come in at 2.7%, more than a full percentage point below where it was in May, and a decline even since the beginning of the week. This is happening at a time of almost full national employment when with all cylinders firing, GDP would be expected to rise.

But it is also a certainty that with the unemployment rate at almost full employment (4.3% in May and 4.4% in June), the day of reckoning will come when there will be a sharp upsurge in wages and with it an attendant sharp increase in inflation. The two go hand-in-hand although the veteran head of the Federal Reserve, Janet Yellen, appears ready to make moves to hold inflation in check even as her job is rumored to be in danger by Mr. Trump. The relief valve of hiring undocumented immigrants is almost closed because of the attention and penalties attached to the act of hiring. The purchasing power of raised wages will sooner or later be eroded by the passing on of costs or shrinkage of packages such that a loaf of bread may in the near future cost $6, a gallon of milk $8, and a pound package or 2 liter bottle further reduced in size.

Mr. Trump’s “Americans First” and “Hire Americans” slogans ring hollow and hollower given the state of the economy at almost full employment. There are pockets of unemployment, most in the red states, but the answer cannot seriously be to bring back antiquated factory and coal mine jobs in the Rust Belt and red states as those factory jobs are even now being shipped overseas and most factory line people replaced by robotics and coal technology replaced by a mixture of cleaner fuel alternatives. Such as the Blacks in the country migrated north for jobs in the first half of the 20 ^th century, those in the South or in other parts of the country without full-time jobs should consider moving to where employers are dying to hire people. In a June report by U.S. News & World Report, the 10 best states to find a job based upon unemployment rate, growth of available jobs, and percentage of people either looking for work or working were Utah, Colorado, North Dakota, Massachusetts, South Dakota, New Hampshire, Nebraska, Minnesota, Iowa, and Vermont. As Mr. Trump is discovering, being tough on trade does not work when you do not hold the cards and other countries or regions can retaliate (bar or put stiff tariffs against for example soybean farmers in Illinois, Iowa, Indiana and Nebraska or bourbon makers in Kentucky and Tennessee) or bring suit against the U. S. in the World Trade Organization (WTO).

In addition, the Republican playbook to boost the economy appears in trouble at this time. It was initially to push health care legislation and then use health care savings to fund huge tax breaks to companies and the wealthy which would then allow them to invest heavily into projects to promote further hiring of U. S. workers along with helping to fund public works projects to rebuild the transportation infrastructure of the country. However, the latest numbers released by the Congressional Budget Office (CBO) on June 26 on the Senate’s June 11 “Better Care Reconciliation Act” health plan estimated $321 billion in deficit reduction from 2017 to 2026, but the savings would be achieved on the backs of 22 million less insured people by 2026 than would be insured under Obamacare. The fury caused by the CBO numbers forced many Republican senators to forgo holding town hall meetings, marching in parades, or otherwise meeting angry constituents during the Fourth of July recess. Many of the people affected by the bill are in red states.

In the wake of setbacks across the board caused by the firing of FBI director James Comey and Mr. Trump’s further entanglements in what could turn out to be Russia-gate, the Republican Party is looking for any victory whatsoever, and willing to settle for less savings on the healthcare bill to take the attention off of the burgeoning Russian scandal which threatens the legitimacy of the Trump presidency. And if it cannot accomplish even that, it is willing to take a defeat on a final vote just so it can say to its base that it tried very hard to fulfill its seven-year promise to repeal and replace Obamacare. To this end, the Republicans put forth a revised Senate bill on July 13 which would add $45 billion to combat opioid addiction, $70 billion to the states to help drive down premiums, and a provisional section to allow insurance companies to sell cheap insurance plans not covering much as long as they sold one policy that did. It would further keep Obamacare’s taxes on investment income and payroll for high earners, which The New York Times estimated would account for $231 billion over a decade. Of the 50 (out of 52) Republican senators required to vote “yes” on the legislation, two as of the time of this writing have already come out against it, Senators Rand Paul of Kentucky and Susan Collins of Maine.

It should be noted, however, that even if the Republicans push through their health care legislation package, their plan for economic success hinges upon “trickle down” economics in which the monies given to companies and wealthy individuals result in additional investment with job creation and better wages “trickling down” to the masses. Unfortunately “trickle down” has been disproven as an economic theory through the presidencies of Ronald Reagan and George H.W. Bush (Mr. Bush to a lesser extent). Although Mr. Reagan managed to grow the economy, that was due not only to lowering taxes for businesses and wealthy individuals, but also increasing government spending by 2.5% a year, a move almost tripling the federal debt and stoking inflation fears that contributed to a later recession under President Bush. It may well be that – as demonstrated over and over again over the course of this new presidency – that the Republicans are more interested in short-term results than in the long-term health of this country.

And in another nonsensical move, the Administration on July 11 rolled out a federal regulation to delay the date while planning to rescind the new international entrepreneur rule due to come into effect on July 17, 2017, which would have provided a period of parole of up to 5 years for the best and brightest entrepreneurs to implement ideas to strengthen the country’s technological advances. The Administration step astounded executives of successful startups as the entrepreneur rule was designed to not only advance innovation, but also create U. S. jobs.

The path to true growth has many components, but taking steps to damage the purchase of goods and commodities by a sizable share of the nation’s population is not helpful where other options lack promise and the Administration stifles an initiative designed to create jobs and keep the U. S. competitive with the rest the world in cutting-edge technologies.

Q&A’s published on Lawyers.com and the Epoch Times – 07/07/2017 1. I Have Not Yet Received Any Notice From USCIS 2. What Can I Do When the Immigration Police Pick Up My Boyfriend? 3. My Friend Came to America With an Academic Grant, Now She Can’t Return for Two Years. Is There Any Way to Reduce That Time Period?

1. I Have Not Yet Received Any Notice From USCIS

I have married with white American student 8 month ago I send all my document to immigration 8 month ago but I didn’t got any email from them yet . 4 month ago my husband got in jail because he fought with a girl in bar and he was drunk. He stayed in jail 2 month and he in probation now he pay them $45 every month. why didn’t got any paper yet it is because my husband been in jail my all paper work been expired 45 days ago. How can I renew my paper because immigration didn’t call me for finger print yet. Is my husband cannot help me anymore because he been in jail.

Mr. Lee answers:
I do not know whether you sent in the correct paperwork, but in order to receive biometrics, you would have had to file for an I-485 application to adjust status to permanent residence. You should have received a biometrics notice within 2-3 months of your having submitted the application. I suggest that you call the U.S.C.I.S. National Customer Service Center at 1-800-375-5283 to explain your situation and have U.S.C.I.S. send you the biometrics appointment. Your husband’s being in jail would not have anything to do with your failure to receive a fingerprint appointment. Usual reasons for non-receipt are individuals moving to another address without notifying Immigration or persons not having their names on mailboxes and having the post office return the communication.

2.What Can I Do When the Immigration Police Pick Up My Boyfriend?

He was arrested on public intoxication and let go on bond. Now this morning the police came and picked him up. What can I do? They said he had to go in front of a judge.

Mr. Lee answers:
A good idea once someone is picked up is to involve a lawyer in the case. The lawyer can attempt to obtain the alien’s immigration story and figure out what options are available in his or her defense. Useful questions to know the answers to are whether the individual has had problems with Immigration previously, whether the person has had criminal arrests, how long a person has been in the country, what relatives that person has, and what other equities there are, etc.. Dependent upon the person’s history, bond may be available, or other reliefs such as a grant of prosecutorial discretion resulting in administrative closure, asylum, withholding of removal, etc.

3. My Friend Came to America With an Academic Grant, Now She Can’t Return for Two Years. Is There Any Way to Reduce That Time Period?

She is Russian -eventually wants to get into a doctorates program (has a Russian Ph.D in sociology) -was awarded the Fulbright grant to come to the us for 6 months

Mr. Lee answers:
I assume that your friend has a two-year bar because she previously came to the US as an J-1 exchange scholar or student for which there was a two-year foreign residence requirement. A J visa bar is inapplicable to persons who apply for another J or F-1 student visa. In that case, a qualified candidate’s visa application is decided in the discretion of the US consular officer.

Q&A’s published on the World Journal Weekly – 7/2/2017 1. What Are My Chances of Obtaining an I-601A Waiver and Going Through the Process Now That Donald Trump is President? 2. Is It Considered Harboring an Undocumented Immigrant If He is a Member of the Carpool to Work? 3. What Kind of Local Newspaper Will Support the Recruitment On My Labor Certification Application?

1. What Are My Chances of Obtaining an I-601A Waiver and Going Through the Process Now That Donald Trump is President?

I sneaked into the United States in 2009 from China through Canada, have been here ever since, married my U. S. citizen wife in 2015, and our daughter was born in 2016. I have no criminal record, and have never encountered Immigration or asked for any immigration benefits. I know that I cannot adjust status because I sneaked in, but what are my chances of getting an I-601A waiver so that I can be legally here?

Mr. Lee answers:
The I-601A provisional waiver process is approved by regulation in 2012 and became effective in 2013. It relieves the bar of unlawful presence for those who are willing to consular process their case. The procedure in cases like yours is for the spouse to file an I-130 petition for alien relative, have that approved, and file for an I-601A provisional waiver in which the standard for adjudication is whether your spouse would suffer extreme hardship if the waiver was not granted. Assuming approval, you would continue to process your case through the National Visa Center (NVC) which would then establish an interview date for you with the American consulate or embassy in your home country. In the vast majority of cases, the consular interview is normal and the applicant is back to the U. S. within 1– 2 months. Insofar as your chances of having the I-601A provisional waiver application approved are concerned, kindly note that for all cases that U.S.C.I.S. has received since March 2013, the agency has approved 76.5% of them, a very good reason to consider doing this type of case. Although there is no guarantee that the program will not be targeted in the future, the program is consistent with Republican thinking that people should leave the country to obtain legal status, and so may be resistant to abolition on a bipartisan basis.

2. Is It Considered Harboring an Undocumented Immigrant If He is a Member of the Carpool to Work?

To save costs and to use the express lane on the highway, 3 of us who work who live within 5 miles of each other decided to carpool since the factory as 25 miles away. One of the people in the carpool is illegal and we joke about his illegal status all the time. But in the present environment against illegal immigration, would I be considered to be harboring an undocumented immigrant and face criminal penalties?

Mr. Lee answers:
Unfortunately in the Trump presidency, there is a possibility of such a result. Atty. Gen. Jeffrey Sessions released a memo on April 11, 2017, that federal prosecutors should consider for prosecution any case involving unlawful transportation or harboring of aliens. In the past, the transportation of someone who was already in the United States and not done for the purpose of shielding him or her from immigration authorities was not considered to be in furtherance of alien smuggling or transportation. However, the urging on of prosecution in a pell-mell manner as exhibited by the Atty. Gen. may serve to sweep aside any distinctions or concerns in the haste to score points politically.

3. What Kind of Local Newspaper Will Support the Recruitment On My Labor Certification Application?

My company agreed to sponsor me for the green card through labor certification and is doing the recruitment now through a lawyer. I am a finance analyst and the lawyer is giving my boss the choice of extra steps that he can do for advertising the position. My boss wants to make one of the steps an advertisement in the free community paper. Will that be good enough or do we need a bigger newspaper which is sold on the streets?

Mr. Lee answers:
Whether the newspaper is sold or not is not the main criterion. The local newspaper chosen (not the one for the 2 Sunday ads) must be one which is likely to bring responses from available U. S. workers – specifically the newspaper must be known to contain advertisements for similar, if not the same, job opportunities for which the employment is sought.

Q&A’s published on Lawyers.com and the Epoch Times – 06/30/2017 1. Do I Need to Apply for Citizenship or Just Green Card? 2. From H-1B Back to TN Status 3. Will Doing an Exchange Program Abroad While Pursuing a Master’s Degree in the US Exclude Me From the H-1B Master’s Cap?

1. Do I Need to Apply for Citizenship or Just Green Card?

I am permanent green card holder, what need to be renew before October 2017; i have 2 reckless driving tickets for last 10 years, what was dismissed, and 1 Breaking and Entering (in my own house!) because my tenant was mad – I evict her and she file this on me, it was dismissed too.

Mr. Lee answers:
No one needs to apply for US citizenship if he or she does not wish to do so. If your question is whether you can apply for US citizenship instead of only the green card, the law requires that you demonstrate good moral character during the five-year period prior to the application (three years if based upon marriage to a US citizen and applying on the basis of three years). If the courts dismissed the three charges against you without having you acknowledge guilt, then you may very well be able to meet the good moral character requirement provided there is nothing else in your background of a negative nature.

2. From H-1B Back to TN Status

1. When I first entered to US, I crossed the US border (Point of Entry, POE) with TN visa (Canadian Nafta visa) for 3 years period. 2. I applied the status change from TN to H1b during my work stay in a University in US. 3. Currently, I have I-797A (H1-b approval document) for myself and my family But I have not crossed US POE yet after I-797A approval and do not have H1-b visa stamp on my passport.
If I have another job in the US elsewhere and I want to work in US with TN visa, what do I have to do? 1. Do I need to back to Canada and re-enter to U.S. POE with necessary document for the new TN visa? or 2. Do I need to back to Canada and have H1-b visa interview and re-enter to U.S. POE with H1-b visa stamp then, apply visa status change to TN? I want to find the best way to keep work in US but another company.

Mr. Lee answers:
To work in the US with another TN status, you should go back to Canada and reenter a US port of entry with the necessary documents for a new TN stamp. The status that you have in the US depends upon the status that you enter the US with.

3. Will Doing an Exchange Program Abroad While Pursuing a Master’s Degree in the US Exclude Me From the H-1B Master’s Cap?

I am currently doing a Master’s degree in the US under a F-1 visa and I received an offer from a company willing to sponsor a H-1B visa after I graduate. This is a 2 year degree and I am currently on my first year. If I enroll on an exchange program and complete part of my Master’s degree outside the US and get some of my credits from a University outside the US will I still be eligible to the 20,000 Master’s Cap on the H1B visa. I understand that this cap is only for advanced degrees from US Universities so I am wondering whether I will still be eligible if part of my degree takes place outside the US.

Mr. Lee answers:
As long as you obtain a masters degree from a recognized US Institute of higher education which is not a for-profit institution, the degree should be recognized for purposes of the US Masters cap.

Q&A’s published on the World Journal Weekly – 6/25/2017 1. Can I Travel Outside the United States While My H-1B Extension is Pending? 2. H-1B Was Approved and In Administrative Processing at Consulate – Can a New Employer File Without Me Going Through H-1B Lottery Again? 3. Is There An Age that I Have to be to Marry My Boyfriend and Sponsor Him for the Green Card? 4. Can I Still Do Reinstatement to F-1 Student After 5 Months for Emergency Reasons?

1. Can I Travel Outside the United States While My H-1B Extension is Pending?

I have an H-1B status that is valid until July 2017, and the visa in my passport is good to the same time. Should I file for an extension of H-1B status before or after my planned trip to China for 2 weeks in April? Does it make any difference? In addition, is it possible for me to take further trips during the time that my extension is pending with U.S.C.I.S.? Will I have any problems with reentering the U. S.?

Mr. Lee answers,
Whether you apply for an H-1B extension now or after you come back from your trip in April when your stamped visa is still valid is up to you. Either situation would likely be okay. On the other hand, if you travel outside the US while your extension is pending but at a time that your stamped visa has already expired, you would not have a legal visa by which to return to the US. A consular officer would most likely inform you that you should stay in the home country until your H-1B visa is approved at which time you could apply for a new H-1B visa stamp.

2. H-1B Was Approved and In Administrative Processing at Consulate – Can a New Employer File Without Me Going Through H-1B Lottery Again?

Employer A filed for my H-1B in April 2016, was selected, the petition approved, and forwarded to the American consulate in my home country where I am living. I went for the visa interview in November and the case is now under administrative review. I have heard nothing for the past 2 months, but an employer A’s lawyer thinks that my case will be sent back to Immigration to be reviewed. Employer B is now interested in sponsoring me under a new H-1B. Can he do this while the first case is under review? If he can, do I have to qualify again for the H-1B lottery?

Mr. Lee answers,
A new employer may be able to submit a new H-1B petition on your behalf, and it is extremely likely that you will not be asked to undergo the selection procedure again. However, the petition would have to be approved by U.S.C.I.S. and forwarded to the American consulate or embassy and you would have to interview for the visa again. Dependent upon the reasons for which your case from the employer A is under review, you may be queried on the same issues.

3.Is There An Age that I Have to be to Marry My Boyfriend and Sponsor Him for the Green Card?

I am living in California, age 16, a U. S. citizen by birth, and my boyfriend from Taiwan is 20 years old and we want to be married. He came in with a legal visa and is still a student at a local college. When we are married, can I immediately sponsor him for the green card? What is the minimum age for me to do this? Do we need my parents’ consent to be married?

Mr. Lee answers,
To be married in California at your age, a quick perusal of the law indicates that you would need parental consent and a court order if under the age of 18. Some other states will allow you to marry at 16 or 17 without parental consent. Under U. S. immigration law, there is no minimum age to be married and to fix your husband’s papers assuming that you are a US citizen. However, you must also fill out the I-864 affidavit of support form for your spouse, and the law requires that you be at least 18 years of age in order to fill it out. Without your support paper, your husband would not be able to emigrate.

4. Can I Still Do Reinstatement to F-1 Student After 5 Months for Emergency Reasons?

I had to stop going to school, the school notified me of my being out of status, but was not able to return to school within 5 months because of personal emergency reasons. I am now ready to return, but it is now 9 months since the school’s notification, and I’m wondering whether Immigration will accept a reinstatement application now. I know that the law says that reinstatement applications are to be given to Immigration within 5 months.

Mr. Lee answers,
While difficult, you may still be able to successfully request a reinstatement after 5 months. U.S.C.I.S. provides that if you have been out of status for more than 5 months at the time of filing the request for reinstatement, you must also provide evidence that your failure to file within the five-month period was the result of exceptional circumstances and that you filed your request for reinstatement as promptly as possible under those exceptional circumstances.

Q&A’s published on Lawyers.com and the Epoch Times – 06/23/2017 1. Is the Immigration Status Affected by Medicaid and Using a Tax Credit Toward Paying Premium Health Insurance? 2. Can I Travel Outside the Country With An Open Criminal Case? 3. K-1 Visa Sponsorship

1. Is the Immigration Status Affected by Medicaid and Using a Tax Credit Toward Paying Premium Health Insurance?

I am an American citizen and I my husband is on a green card. I was granted Medicate and during the process he was granted one for three months and then it was terminated by Medicate due to his immigration status. I applied for a health insurance for him via the market and we were giving tax credit toward our premium due to our low income. Would that be considered as governmental aid and affect his immigrant status when we apply for his citizenship? If so what shall we do?

Mr. Lee answers:
The question of government aid is not one that is asked on the naturalization application. I seriously doubt that the subject would ever come up in a citizenship interview.

2. Can I Travel Outside the Country With An Open Criminal Case?

I have an F-1 VISA. I’m hoping to travel home to Canada for a weekend but I am summoned to appear in criminal court on a date after that weekend. Will there be any issues upon re-entry to the United States as I’m here on a F1 student visa.

Mr. Lee answers:
Although I am not aware of all the databases of diverse agencies that the government is tapping when it admits individuals into the country, I believe that the government is more concerned about convictions than arrests. If you already have a valid F-1 student visa, your chances of reentry are good. If you do not have a valid one and must apply for the visa at an American consulate or embassy, you may have to explain the circumstances of the arrest and be subject to a discretionary grant or denial of the visa. If you are a Canadian citizen, you do not need a visa in your passport to enter the country under F-1 status and must only pass inspection at the port of entry.

3. K-1 Visa Sponsorship

For a K1 Visa Application, Do they look at your Gross Adjusted Income, Gross Income, or Total Income for sponsorship qualification?

Mr. Lee answers:
For sponsorship qualifications, total income is usually a more accurate gauge than adjusted gross income or gross income. Although K-1 petitioners would use Form I-134 for the affidavit of support, the I-864 affidavit of support for permanent family-based sponsorship gives a good idea of what is being sought by DHS as the instructions request total income to be designated if filing IRS forms 1040 or 1040A, and adjusted gross income if filing form 1040 EZ.