Q&A’s published on Lawyers.com and the Epoch Times – 04/21/2017 1. Can You Change Visa While Being in USA? 2. Do I Have a Criminal Record in the USA? 3. When Can An Asylee Naturalize?

1. Can You Change Visa While Being in USA?

My son was on F-1. After finishing his Masters’ he applied for OPT which was denied on March 13, 2017 since he had applied earlier but never utilized his OPT since he went on to do another Masters’ and never informed INS about it. Now another University is willing to give him J1 visa. So is it possible for him to change status without leaving USA? What is his status now? He is afraid that he might get denied at US embassy in India if he was to leave US for stamping. He is Indian citizen. 

Mr. Lee answers:
From our understanding, an F-1 student can change status even after the OPT is denied in 2 situations – denial before completion of studies and an applicant would then have a full 60 day grace period; and after completion of studies but before the 60 day grace period ends, and an applicant would have 60 days from the date of the decision. If the OPT is denied after the 60 day grace period, there would be no additional period of time. If out of status, your son can request a late change of status from U.S.C.I.S., but if denied would have to leave the U. S. for consular processing if he wanted to be in legal nonimmigrant status.

 2. Do I Have a Criminal Record in the USA?

I recently travel to the USA with a tourist visa, but my visa was revoked after admitting I was seeking employment. I signed a withdrawal of application for admission, my phone was search and was at the airport till it closed. Was then taken to a correctional facility where I was cavity search and locked up for the night. I asked if I was been arrested or if I was suspected of any crime was told no. But I believe I was suspected of some crime after being locked up in that manner.

Mr. Lee answers:
It appears that you encountered a rude coming to the US, but you do not have a criminal record. As you signed a withdrawal of application for admission, your visa was canceled. For you to reenter the US, you would have to convince an American consular officer to issue you another one.

3. When Can An Asylee Naturalize?

I was granted asylum in March 2012. So I applied green card on March 2014 and got green card on October 2014. The date on my green card is October 1014. I had heard that I will be eligible for citizen after 5 years after the day I was granted asylum but now date on my green card is October 2014. So I got confused really. What date should I follow for to apply citizenship? If I fallow green card I will have to wait more about 9 month. Could you please suggest me better. 

Mr. Lee answers:
As an asylum seeker granted permanent residence, you are entitled to a one-year rollback on your green card. The date on the card should be October 2013. You can request a replacement card from U.S.C.I.S. through form I-90 application to replace permanent residence card.

Q&A’s published on Lawyers.com and the Epoch Times – 04/14/2017 1. Can a DACA Recipient Who Is the Son of a Permanent Resident Adjust Status? 2. DV Lottery 3. Can I Travel by Air Through Temporary ID in State of US

1. Can a DACA Recipient Who Is the Son of a Permanent Resident Adjust Status?

I am 20 years old. My mom, dad, and brother overstayed our visas. I do have an I-94 record. My Dad is a permanent resident.

Mr. Lee answers:
If your father becomes a US citizen and files a petition for you before the age of 21, you would be eligible to adjust status to permanent residence as the immediate relative of a US citizen. Failing that, you would only be adjustable if you are entitled to the benefits of §245 (i) under which your father would have had a labor certification application or immigrant visa petition filed by April 30, 2001, and be physically present in the States on December 21, 2000. However, even in that scenario, your case would fall under the F-11 category as the adult son of a US citizen and you would have to wait for that quota to clear before you could file for adjustment of status. That category has a 8-9-year backlog for people born in most countries of the world. I note that with 245(i) benefits, your father could sponsor you under the F-2B category as the unmarried adult son of a permanent resident and the waiting time would be approximately 7-8 years. 

 2. DV Lottery

I am one of the lucky selectee of 2017 lottery, on my interview day everyone was asked to swear but the officer did not ask me to swear, does it mean anything?

Mr. Lee answers:
Sometimes officers do forget to place people under oath before interviewing them. As long as the case is approved, the lack of placing you under oath is of no consequence.

3. Can I Travel by Air Through Temporary ID in State of US

I’m a victim of domestic violence and I am staying in safe house in Atlanta, GA.I want to move to Seattle, WA. I don’t have a permanent ID. Can I move to Seattle by air through temporary ID.

Mr. Lee answers:
It may be very difficult for you to do so with a temporary ID. Looking at the more liberal forms of identifications required by the Transportation and Safety Administration (TSA) on its website, a foreign government issued passport is OK along with driver’s licenses or other state photo ID cards issued by the Department of Motor Vehicles (or equivalent). I also note that the TSA may soon start enforcing a law that requires states to comply with a set of federal standards when issuing driver’s licenses in order to allow people to board airplanes. 

Q&A’s published on Lawyers.com and the Epoch Times – 04/07/2017 1. Am I Eligible for Applying I-485? 2. How Long Does It Take for CSPA Review at NVC? 3. Is My Immigration Process Out-of Reliability Because I Worked Abroad Few Days?

1. Am I Eligible for Applying I-485?

I am an EB5 petitioner with priority date of Aug. 12, 2013. My I526 was proved on Oct. 2015 but I was told my petition would be reassessed during my visa interview this July. It has been 8 months after the interview and we haven’t got any news about my case. I have been living in the U.S. for 3 months. Am I eligible for applying I-485 or is there any way to get my case expedited? 

Mr. Lee answers:
The problem with an I-485 application at this stage (assuming that there is no ineligibility) may be the question of your intent in entering the US. If you came on a visiting visa, a U.S.C.I.S. officer may feel that you abused it in gaining entry to the US when your true intent was to immigrate – especially as you already had a case pending for immigration with the US Consulate. So you may be eligible to file for an I-485, but may find it problematic. For cases which are “stuck” at a US consulate, there are no great ways to expedite although constant communication with the consulate, lawyer’s assistance, contact with the visa office in Washington, and/or congressional assistance may be helpful as long as the petition has not been sent back to USCIS.

 
2. How Long Does It Take for CSPA Review at NVC?

My priority date is current already. Should I send a letter to them about the review to make it faster?

Mr. Lee answers:
When the priority date is current, CSPA review at the NVC is fairly quick. Your sending a letter would be recommended to remind the NVC of your CSPA concerns.

3. Is My Immigration Process Out-of Reliability Because I Worked Abroad Few Days?

I have got a job in a company that have relations with Brazil (which is very understandable because I’m the only one that speaks Portuguese in here) So I’ve traveled to Brasil 3 times this year for work matter and now I want to spend the new years ( 1 week ) with my mom that it’s really sick and old. 1st time: 4 days -> 9th April to 12th April 2nd time: 3 weeks -> July 3rd July – 27th July 3rd time: 2 weeks -> 9th October – 26th October Since I have applied to remove conditions in July and receive the one-year-extension-letter on 8th August and I have not receive any biometrics appointment letter. Should I be scared? Should I go to Brazil to visit my mom anyways? Is my process out-of reliability because I worked abroad few days? I make really good money and I’m not willing to change my job. Is there any action that I must do in order to improve my process reliability?

Mr. Lee answers:
I assume that the conditional green card is on account of marriage and not EB-5 investment.  When you pay the fee properly for the I-751 application to remove the conditional basis of conditional residence, you can expect a normal process of fee receipt and biometrics. If you have not yet received a notice for biometrics, you should call the National Customer Service Center (NCSC) (1-800) 375-5283 and ask what happened. Travels outside the US for short periods of time, especially to visit an old and sick parent, should not affect the progress of your case. Working abroad for a few days likewise should have no effect. As I further assume that you are applying based upon a joint filing with your spouse, you might wish to take him or her with you on your travels to further prove that you have a bona fide marriage.

Q&A’s published on Lawyers.com and the Epoch Times – 03/31/2017 1. Arizona ICE Hold 2. I-751 3. Regarding Travel While H-1B Amendment Is In Progress

1. Arizona ICE Hold

My partner of 30years is serving time for a 3rd DUI until May, 2017 and placed on ICE hold. Since he was born in Mexico but become a citizen at 12 years old, why was he placed on ICE Hold? What types of questions will ICE ask at the hearing? And what document should he have to prove his citizenship? He has worked for Honda Corporation and Toyota for over 20 years.

Mr. Lee answers:
It is difficult to say what type of questions ICE will ask at a hearing – that is up to each DHS attorney. If your partner can prove that he is a US citizen, he is not removable. As he has been your partner for 30 years, I assume that he was born in the 1960s. He would have to show that the parent through whom he is claiming citizenship was physically present in the US or a possession of the US for 10 years prior to his birth, five of which were after the age of 14.

 2. I-751

I applied for I-751 on 01-16-2016 then on 09-04-2016 got email from USCIS say I’m approved then I got a letter say I got approved and I should get my green card within 60 days I should receive it but I haven`t get anything then I contact USCIS they said my case got on hold because the security check ( I file I 751 through VSC then got transferred on 08-17-2016 to CSC) my question is I will be eligible to apply for my N-400 now so can I apply for my citizenship with my approval notice without my green card.  I`m from New Jersey. 

Mr. Lee answers:
You are eligible to apply for your N-400 on your eligibility date even though your I-751 is still pending. However, you will not be granted citizenship unless and until the I-751 is approved.

3.Regarding Travel While H-1B Amendment Is In Progress

I am on H-1B Visa stamped visa, I need to my H-1B Amendment is currently with USICS for location change, in such situation, I urgently need to travel to home country. Can I enter US back when my H-1B Amendment is in progress? If so what all documents will I need ?

Mr. Lee answers:
I suggest that the premium processing fee be paid to U.S.C.I.S. to expedite the adjudication of your H-1B amendment prior to your leaving the US. Such action could alleviate all your concerns concerning return to the country after a trip abroad. U.S.C.I.S. will reach the case for adjudication within 15 calendar days after receiving the premium processing request on form I-907 with filing fee of $1225. Coming back to the US when an H-1B amendment is in progress raises questions such as who you actually intend to work for when you come back; whether you should remain overseas until the H-1B amendment is approved; the extent of the change of circumstances requiring the amended petition, etc. 

Q&A’s published on Lawyers.com and the Epoch Times – 03/24/2017 1. Form I-212 is Confusing 2. Marry More Than One Wife 3. How Can Someone Residing in Switzerland Come to the United States?

1. Form I-212 is Confusing

After 150 days administrative processing I got notified that I need to file a form I-212. I was never deported so I thought, but in absence I was put in deportation proceeding even though I was already back in my home country. I tried to reach the embassy but I don’t get any reply. I never been deported but on the form is no section for me to check mark ( like deportation proceeding in absence ) which should I check mark. I have 4 American children but I only see room for 1 child but it would help listing all. Can I handwrite a statement? I do not want to make a mistake after coming that far. 

Mr. Lee answers:
Whether you attend the hearing or receive a deportation order in absentia, that is still considered being deported. So you should put down that you have been deported. In such case, you would have to file the form I-212 for advance permission to come back to the US. Otherwise you would have to stay in the home country until the time that the deportation order expires, in most cases 10 years. Insofar as your four children are concerned, you can use the extra page provided in the form, page 8, for additional information. Copies of their birth papers and any other relevant information that might be favorable to you should be included in the application. You may also look to see whether you also have to file an I-601 waiver of inadmissibility, which would generally be required if you stayed in the US illegally for one year or more or committed other acts such as fraud or misrepresentation or crimes.

 2. Marry More Than One Wife

If it’s in someone’s religion they can marry more than one wife, can one be brought here to USA to marry.

Mr. Lee answers:
The United States has a law against polygamy – no one would be allowed to come to the US to engage in a polygamous marriage. Neither would someone who advocated it be admissible.

3.How Can Someone Residing in Switzerland Come to the United States?

He is from Iraq and has been living in Switzerland and has documents, he would like to know is there a Visa he can apply for and how.

Mr. Lee answers:
If an individual has documents including passport, he or she can apply for a visiting visa to the US as long as that is the purpose for which the individual wants to come to this country. A B-1 visa is for business visiting purposes, and a B-2 visa is for other visiting purposes. 

 

Q&A’s published on Lawyers.com and the Epoch Times – 03/17/2017 1. I Changed My Status From F-2 to F-1, Can I Enter USA Based on This F-2 Visa? 2. Adjustment of Status Application (I-485) for Children 3. Travelling Abroad

1. I Changed My Status From F-2 to F-1, Can I Enter USA Based on This F-2 Visa?

I still have F-2 visa stamp on my passport. Can I enter USA based on this F-2 visa? My husband is in OPT and his I20 expires on Jan 23 and I have flight on 24th December.

Mr. Lee answers:
Your having changed status from F-2 to F-1 is only valid when you are in the US. If you are out of the country and coming back in as a dependent rather than a student, the F-2 visa is the correct one under which to enter as long as the principal F-1 is still in valid student status. That appears to be your case.

 2. Adjustment of Status Application (I-485) for Children

We came to the USA 5 years ago and our 2 children (10 and 20 years old) do not have their own foreign passports. So all information (i94, Visas, Birth information) is included in wife’s passport. There is no way to get foreign passports for them at this point. Should we expect any issues with USCIS such as a request for evident since we cannot provide their passports?

Mr. Lee answers:
There is a chance that you may receive an RFE from U.S.C.I.S. because of lack of the passport for your two children. You should attach an explanation along with copies of your wife’s passport and the specific page that refers to  each of them along with sending in copies of the I-94’s if you still have them. 

3. Travelling Abroad

I am a German national who entered the US on an F-1 visa. I got married 1.5 years ago to my husband who is a US citizen and we had our first child this summer. I applied for my Greencard September 9th and got the notification that it was received and being processed on September 14th. However, my guidance counsellor terminated my student status on September 9th so I may have unintentionally been out of status for 5 days. We are planning on traveling to Germany to see my family in a week. I got advance parole and have all of the travel documents that I need. My question is, will I have trouble getting back into the US because I may have been out of status for a few days?

Mr. Lee answers:
You will not have problems on any advance parole by virtue of being out of status for a few days. Under a decision by the Board of Immigration Appeals, advance parole is not considered an entry for purposes of unlawful presence. Even prior to the Board’s decision, being out of status for a few days would not have any effect upon the admissibility of a person like you on advance parole.

Q&A’s published on Lawyers.com and the Epoch Times – 03/10/2017 1. How Long is the Process to Get My Husband Legalized? 2. Will I Lose my Green Card If I File a Tax Return That Shows All My Income Is Earned in Another Country? 3.Can My Expired H1-B Visa Be Reinstated?

1. How Long is the Process to Get My Husband Legalized?

We have one year of marriage and have a son. We have known each other since 2009. My husband has a clean record and no criminal background. Also has been here in the U.S since 2007. He did not enter with visa.

Mr. Lee answers:
The answer depends upon your status. If you have no status, your husband may have to wait until Congress passes a legalization act. If you are a US citizen or permanent resident, you may be able to take advantage of the Administration’s I-601A program under which you would file an I-130 petition for alien relative, have that approved, and then submit an I-601A application for a waiver of illegal presence during the time that he is still here in the US. That application is based upon establishing extreme hardship to you if the waiver is not granted. The waiver would be adjudicated during the time that your husband is here, and dependent upon the results, he would then decide whether to continue his immigration. Assuming that it is, he could then consular process for an immigrant visa interviewing overseas at the American Embassy or Consulate in his home country. As you say that your husband has a clean record, no criminal background, and did not enter with a visa, his interview would be like any other immigrant visa interview since the I-601A waiver would excuse his illegal presence in the US. Kindly note two other things –The viability of the program may depend upon whether it will be targeted by Mr. Trump and if so, whether he will be able to muster enough votes from Congress to end the program.  Second is that the I-601A waiver only excuses illegal presence and not any other grounds of inadmissibility such as drug addiction, chronic alcoholism, membership in the Communist Party or terrorist organization, etc. 

2. Will I Lose my Green Card If I File a Tax Return That Shows All My Income Is Earned in Another Country?

I am a legal resident living abroad. I have been a legal resident for 5 years but have never filed a tax return. What are my chances of losing my GC if I start filing one now?

Mr. Lee answers:
I believe that you are confusing the payment of taxes with maintenance of your green card. DHS knows how long you have been out of the country through its record-keeping of your record of travels and through your passport. Stays outside the US for extended periods of time may subject you to loss of the green card regardless of whether you file US taxes or not. As a US permanent resident, you are obligated to file taxes on your worldwide income. In my opinion, the most damaging aspect of filing taxes immigration wise would be to claim a foreign income exemption as you would be stating on the tax return that you consider yourself a nonresident of this country.

3.Can My Expired H1-B Visa Be Reinstated?

I worked in US from Jan 2009 to Jan 2013 and came back to India for Masters. My Visa expired on Oct 2013. Now since I did not utilized my VISA fully, is there a way to reinstate my VISA, if so how? I heard of cap exempt. Is it applicable here?

Mr. Lee answers:
In your situation, you do appear to be cap exempt if you wish to use the other two years of H-1B eligibility. You have to go through the H-1B process all over again. The only difference is that you would not have to  establish eligibility under the H-1B visa lottery and could file at any time that you have the proper situation. 

Q&A’s published on Lawyers.com and the Epoch Times – 03/03/2017 1. Deportation 2. Applying for a Re-Entry Permit from Abroad? 3. Why My Passport Has No Entry Date?

1. Deportation

RE: Immigration Marriage Fraud “Amendments of 1986, 8 U.S.C. § 1186a…, requiring that an actual family unit still remain in existence at the end of the two year period.” My husband obtained his Green Card in Nov. 2014. He and I started living apart April 2015. He moved from my house in NC to CT. I have not yet filed divorce papers NC but we are no longer an intact family unit. INS does not know this and he has not informed them or of a change of address. Could he be at risk for deportation? 

Mr. Lee answers:
If your husband already has a ten year green card instead of a two-year green card, he is generally not affected by the immigration marriage fraud amendments of 1986. If he only has a two-year green card, he would have had to file form I-751 application to remove the conditional basis of the resident status within the 90 day period prior to the second anniversary of his having obtained the conditional card. At that point, he would be giving U.S.C.I.S. his current address. If he has a 10 year green card, he is still supposed to notify U.S.C.I.S. of his change of address, but no one (as far as we can see) is being deported because of failure to do so. 

2. Applying for a Re-Entry Permit from Abroad?

I am a green card holder and I want to submit a I 131 form to apply for a re-entry permit. I am currently overseas. Am i allowed to send the completed and signed form to a relative in the US and have them forward it to USCIS and then I can just fly back to the US when I receive a letter for my biometrics appointment?

Mr. Lee answers:
It is illegal to file for a reentry permit from abroad. The form instructions clearly require that the applicant apply when he or she is physically in this country.  

3. Why My Passport Has No Entry Date?

I’m a Jordanian citizen , got a 5 years visa through the US embassy in Jordan . I did arrive to the states 2 weeks ago, the immigration officer at Chicago airport asked me how long am I going to stay in the USA visiting, I replied : not sure , could be a month , 2 months or more,  then Later on at the hotel I   I have noticed that my passport does not have an entry date , so apparently the Officer has forgotten to stamp my passport nor he specified the length of time that I could  Stay here in USA . What do I need to do at this point , with taking in consideration  that I’m trying to avoid  Missing up with my 5 years visa as I’m thinking to come back to visit the states again  Back to the states for another visit. 

Mr. Lee answers:
As this is a mistake of the immigration inspector at the airport, you should go back to an international flights airport to the deferred inspection section run by Customs and Border Protection, explain your situation, bring out whatever documents that you have, and try and have your problem rectified.

Article “Trump on Future Legalization – Deliberate Distraction or Naïveté” as published in the Immigration Daily on March 2, 2017.

As published in the Immigration Daily on March 2, 2017.

You cannot continually demonize undocumented immigrants and then turn around to legalize them. The math does not compute. Even as Presidents George W. Bush and Barack Obama attempted legalization, they constantly praised the virtues of the undocumented. Both presidents were frustrated by the intractability of the Republican Party. Now it is the Republican Party on steroids owning both houses of Congress and President Trump’s own rabid backers poised to stop any mass legalization program. The President’s musings at the luncheon with television news anchors at the White House before his address to Congress on February 28th that he is open to providing legal status to millions of undocumented immigrants as long as there is compromise on both sides cannot be taken seriously given the background, his continual speeches on the undesirability of undocumented immigrants, and his Executive Order on January 25, 2017, “Enhancing Public Safety in the Interior of the United States” targeting all the undocumented for removal, not just violent criminals. That prioritizes the removal of persons convicted of a criminal act, persons with unresolved criminal cases, and those who have committed acts that constitute a chargeable criminal offense, thus including everyone who has made an illegal entry since such is a crime under Section 275(a) of the Immigration and Nationality Act. Reports are that after Mr. Trump’s comments, aides rushed to quickly to alert the Svengali- like Steve Bannon, chief strategist, and Stephen Miller, the senior policy advisor – both strident anti-immigration personages and chief writers of his address – and the remarks or any hints of them were not included in Mr. Trump’s speech.

The speech itself was virulently anti-immigrationist, like a hammer in a velvet glove, rather than the strident speeches that the President is known for making, e.g. Inaugural address. He talked of the U. S. standing united in condemning hate and evil in all of its forms, especially mentioning threats targeting the Jews, but only said “as well as last week’s shooting in Kansas City” which would puzzle anyone not already familiar with the ethnic hate shooting of 2 engineers from India by a white man last week because of Mr. Trump’s short shrift, non-recitation of facts, and giving the wrong location as the shooting occurred in Olathe, Kansas, a city 20 miles from Kansas City. Mr. Trump had been criticized for not saying anything before, and so gave short shrift to answer his challengers, but no detail as such did not fit his narrative that immigrants are to be seen as perpetrators of violence, not the victims. He later presented four Americans in the galleries as the victims of undocumented immigrants whose son and 2 husbands were killed by illegal immigrants. He demonized the undocumented as creating an environment of lawless chaos, as the cause of American families losing jobs, income, or loved ones, and that by enforcing the immigration laws, his administration would raise wages, help the unemployed, save billions of dollars, and make our communities safer for everyone.

So even though the facts on criminality by the undocumented do not bear him out, Mr. Trump’s demonizing and elaborating on anecdotal situations even to the point of bringing in four victims for his address hardens even further the sentiment against undocumented immigrants and would make legalization much harder. Mr. Trump has been accused many times of feinting and trying to confuse and distract his critics, and his remarks at the afternoon luncheon must be seen as one of those occasions. If by some chance he was sincere in that moment, he has already built himself a box from which he would find it very difficult to extricate himself.

For the record, undocumented immigrants are incarcerated much less than the native-born population of this country. In a 2010 survey, 1.6% of immigrant males the ages of 18-39 were incarcerated compared to 3.3% of native-born Americans. Although Steve Bannon’s publication, Breitbart, offers a figure of almost 37% of undocumented immigrants in federal prison, the overall federal prison population is only about 10% of the overall prison population, and the overwhelming majority of undocumented immigrants (76% in 2013) are there for immigration violations and not other criminal acts. The New York Times article on January 26, 2017, “Contrary to Trump’s Claims, Immigrants Are Less Likely to Commit Crimes”, says that “Analyses of census data from 1980 through 2010 show that among men ages 18 to 49, immigrants were one-half to one-fifth as likely to be incarcerated as those born in the United States.”

Immigrants are the lifeblood of a country’s maintaining itself in a leading position in the world where the native population is unable to reproduce fast enough. The Japanese are the prime example of a country that has fallen into stagflation for this reason. The German Chancellor has attempted to avoid the situation through importing vast numbers of refugees and will be seen in the future as a visionary who saved the future for her country although Germany is now going through the throes of change. In this country where immigrants are a huge life force – 3 million immigrants in the city of New York alone – mass deportation of the undocumented would leave hollowed out cities of empty apartments and houses and virulent crime. The immigrant population is generally younger than the general population, and will be a huge part of propping up the Social Security system for retiring baby boomers, the largest class of retirees ever. As stated in our article, “Is the Wreckage Fast Approaching for the Nation under Trump?”, Immigration Daily, 2/6/17, as of 2012, 95.5% of the 11,000,000+ undocumented immigrants living in the U. S. were under 55 years of age; in 2014 there were 6.6 million U. S. citizens living in households with undocumented immigrants, of which 5.7 million were under age 18 and 865,000 age 18 or over; and a 2016 study on the economic impacts of removing undocumented workers 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.

Whether he knows it or not, President Trump will need the undocumented immigrants to help him achieve many of the lofty goals that he stated in his address. The initiatives all cost money; he will find that some of the sources that he is counting on will not produce due to flawed assumptions; and he will need all the revenue that he can obtain – even from the undocumented.

Q&A’s published on Lawyers.com and the Epoch Times – 02/24/2017 1. Can an H-1B Holder Leave the Country After Filing an I-485? 2. Name Mismatch in Green Card and Passport 3.Marital Status – Visa Lottery

1. Can an H-1B Holder Leave the Country After Filing an I-485?

My I-485 has been filed but I-131 was not filed.  She has an active H1B Visa through Nov 2017. Can we leave the country and return without hurting our application process or her H-1B? There is extra sensitivity around this as I have read that: “if a H-1B visa holder reenters the United States with the Advanced Parole, his/her H-1B status will be terminated. “

Mr. Lee answers:
An H-1B holder can leave the country after filing an I-485, but the question of returning safely depends upon whether the H-1B holder already has an H-1 visa stamped in the passport. If not, the H-1B holder (unless a Canadian citizen) would have to interview with the American consulate or embassy for a visa stamp to reenter the country. In most cases, the visa would be issued even if an I-485 has been filed. But there is always a risk-however slight- with consular processing of an H-1B petition with other issues. So you should be aware of that.

2. Name Mismatch in Green Card and Passport

My question is about green card and passport name mismatch. GC has only first 18 letters of the first name due to character limitation. What is the problem I am going to face while re-entry to US

Mr. Lee answers:
I do not believe that you would have problems reentering the US where the green card can only fit the first 18 letters of your first name. Customs and Border Protection can always look through the database to see your entire name if the immigration inspector so desires. However, the fact that the first 18 letters of the first name are the same as the name in the passport should be enough to convince an inspector that you are who you say you are.

3. Marital Status – Visa Lottery

I am from a not eligible country this year and my fiancée is from an eligible country; we are planning on getting married on mid November but we will both be single by the application closing date (Nov 1st). Should he apply as “unmarried”? or should we apply as a married couple?

Mr. Lee answers:
As you will both still be single by the application closing date, your fiancé should apply as unmarried. If he is selected, you can still be married and immigrate with him at the same time. If in the US, and able to adjust status, you can both put in I-485 applications for adjustment of status when his number appears on the visa bulletin. If overseas, you can apply through submitting form DS-260 immigrant visa application forms.