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Q&A’s published on Lawyers.com and the Epoch Times – 8/10/2018 1. How to Sponsor My Nephew for Visiting Visa? 2. Is There Any Way For Me to Get Back Into America If I Am Under a 10-Year Bar? 3. Citizenship Through Marriage

1. How to Sponsor My Nephew for Visiting Visa?

My brother, who I have sponsored and has been granted a visa to the US, wants me to sponsor his 4 yr old child too. Both my brother & sister-in-law, have visiting visas to the US, but now they would like me to be a sponsor to my nephew, who is 3.5 yrs old. Plus, they want me to sponsor the mother-in-law, who cares for the boy. What forms do I need to complete? What is required from me?

Mr. Lee answers:
The assistance that your brother is asking from you does not appear to have much success potential. It would take a very sympathetic US consular officer to grant a visiting visa to a small child and for someone who is not a parent to take care of him while in the States. This would especially not look good since your brother and his wife have visiting visas to the United States also. Questions would be why they did not present the child to begin with when they applied for their visas, and also why they need the mother-in-law to take care of the child if they are here in the US on visiting visas. Would the answer be because they are planning to stay and illegally work in the States? I suggest that you might ask your brother to reconsider his request to you if this is the case.

2. Is There Any Way For Me to Get Back Into America If I Am Under a 10-Year Bar?

My parents took me to America when I was 9 months old. We stayed for my entire life up until 3 years ago. I am currently in Korea and I would like to go back for college. But I heard that I cannot because I’m under a 10 year bar. I really need to go back to study. I’m ok with living on my own. Is there any way I can go back before 10 years?

Mr. Lee answers:
Assuming that you left the US after you turned 18 (10 year bar only applies to those in US at 18 who were illegal for a year or more), you can apply for an F-1 visa at the American consulate or embassy and apply for a waiver of the 10 year bar. The procedure will vary from Consulate to Consulate, and you may wish to communicate beforehand with the American consulate or embassy in Korea as to whether it wishes you to bring in waiver papers at the time of the F-1 visa interview. It will then be up to the consular officer of whether to recommend a waiver to the Admissibililty Review Office (ARO) of DHS which makes a final decision as to whether a waiver can be approved.

3. Citizenship Through Marriage

I need to apply for citizenship through marriage based green card. My wife traveled for six month to INDIA. Am I still eligible for 3 years?

Mr. Lee Answers:
In applying for citizenship based upon the three-year rule involving marriage to a US citizen, U.S.C.I.S. expects that the alien will be constantly with the US citizen spouse. Whether you can do it on the basis of three years where the wife traveled to India for six months may depend upon whether your wife had more than one trip, e.g. three trips of two months each, the timing in between the trips, or whether you accompanied her when she traveled to India. If your wife traveled to India one time for six months without you, it is questionable that U.S.C.I.S. would allow you to take advantage of the three-year rule.

Q&A’s published on the World Journal Weekly – 7/29/2018 1. Son Wants to Apply for Mother Previously Denied at Consulate in a Marriage Case – Any Foreseeable Problems? 2. Cap-exempt H-1B Moving to Non-cap Exempt H-1B Got RFE, Company and Applicant Have Questions. 3. I-485 Adjustment of Status Application Was Denied Because of Medical Examination Mistake by Doctor – Should I Appeal or Refile?

1. Son Wants to Apply for Mother Previously Denied at Consulate in a Marriage Case – Any Foreseeable Problems?

My parents were divorced in 2002, and my mother remarried a U. S. citizen in 2004. He applied for her and she had an interview at the American consulate in Guangzhou in 2005 at which time she was denied because the consular officer was not convinced that the marriage was bona fide. I came to the U. S. through my marriage to my U. S. citizen wife in 2014 and just became a U. S. citizen this year. If I apply for my mother, will she have a problem from her old case or will she be OK since she is now applying on the basis of my application for her?

Dear reader,
The difficulty with cases that are rejected for the consul’s not believing the marriage is that U. S. law will not allow a person found to have engaged in a fraudulent marriage to immigrate under any visa petition category to the U. S. If your mother has proof that the marriage is indeed bona fide such as a child with the U. S. citizen husband or much proof that they had a bona fide relationship from 2004 for a long period of time such as constant communications, correspondence, monies sent from the husband to the wife, trips to China over the years by the husband to visit her, etc., she could put that forward to erase the presumption of fraudulent marriage. Lacking that, some consular officers may still have doubts in their minds on the bona fides of the marriage, but settle upon allowing the applicant to file an I-601 application to waive grounds of inadmissibility – in effect, leaving the decision up to U.S.C.I.S. Other consular officers may be fully convinced that there was a fraud marriage, and simply deny an application like your mother’s without giving recourse to any relief.

2. Cap-exempt H-1B Moving to Non-cap Exempt H-1B Got RFE, Company and Applicant Have Questions.

My current H-1B is non-cap and with a university in the Northeast. It will expire on August 31, 2018. The school is not applying for an extension, and I worked it out with a private company to sponsor me for a cap H-1B in April. I was selected, but we just got a request for evidence (RFE) from U.S.C.I.S. that asks a lot of questions as my new employer is a computer consulting company. The company lawyer says that any response will take about 60 days to process from the time that we send it back. Assuming that we will not get a final answer until after August 31, what are my options? I began working with the private company since June 25, 2018, while still working for the university. Can I continue to work after August 31? Can I travel out of the U. S. during the time that the RFE is being processed?

Dear reader,
In your case, any authority to work as concurrent employment with the private company while at the university would cease when the H-1B work ends with the university. At that point, you would have to wait for the H-1B by the private company to be approved before continuing to have the authority to work for it. (Please note that as a cap H-1B only begins on 10/1/18, you would have to wait until that date even if the petition is approved in September). During the time that you are still working for the university, you can travel outside the U. S., but only upon the expectation that you will continue to work for the university when you reenter the States. If you are not visa exempt or have a current H-1B visa, please be aware that it may take time for the U. S. consulate or embassy to process an H-1B visa for you. In that situation, there is also the possibility that administrative processing or denial at the consulate or embassy could leave you with no option to return to the U. S. until the H-1B at the computer consulting company is favorably adjudicated.

3. I-485 Adjustment of Status Application Was Denied Because of Medical Examination Mistake by Doctor – Should I Appeal or Refile?

I filed my I-485 application to adjust status to permanent residence based upon employment with my company in 2016. For some reason, my case took a long time, but I received a message from U.S.C.I.S. in March 2018 to give in a new medical examination because the old one had already expired. I went to the doctor’s office, took all the new tests, and sent in the medical result in a sealed envelope to the Texas service center. I just received a denial of my I-485 in late June saying that the medical result that was in the envelope was only a copy and not an original and that I had not given a sufficient response. This is baffling to me because I did not have a chance to look at what the doctor sealed in the envelope. Can I appeal the case? Can I refile?

Dear reader,
At this time, the choice appears to be between filing a motion to reopen with a new medical or refiling your I-485 case. (The law does not allow an appeal of an I-485 denial at this stage. U.S.C.I.S. is not likely to issue a notice to appear (NTA) to you for you to go before the immigration court under your circumstances.) Some factors that you may wish to take into account are that a motion to reopen is variable in time and with uncertain result while a new I-485 filing generally adheres to published processing times of U.S.C.I.S. and the result would likely be favorable if there are no other inadmissibility factors. Please note that any motion to reopen must be received by U.S.C.I.S. within 30 days of its sending you the decision. Good luck to you!

Article “What Concerns The President And The Answers”

As published in the Immigration Daily on July 24, 2018.

Commie loving, pinko… President?! In the 1950s and 60s, they would have run you out of town on a rail. Selling out US intelligence in favor of Russian denial was lunatic and treasonous from a President, regardless of how you walked it back after pressure from your base. Your rise to power was unfortunately fueled by Russian involvement with or without the complicity of you and your campaign, and the fears of white America that its place in the sun would be replaced by a more diverse America. To that end, your base of conservatives and whites including evangelical church leaders has tolerated your sexual misbehavior towards many women, your adultery, and your endless lying. Your agenda has been not to make America great again, but white again.

To appease your base of non-college graduate whites who were stuck in the economy, you have taken a great many steps to ensure that the country marches relentlessly towards fuller than the optimal rate of employment, thus forcing employers to find and pay higher wages for workers. But it is obvious to even a non-economist that high inflation will be the price to pay for your ruinous actions of trade tariffs, and chasing the undocumented from the country. With trade tariffs, the price of goods coming into the country for US consumers will be higher. With the inflated wages to be paid US workers, US employers are raising prices on their goods, so the US consumer can expect no relief in buying domestic goods. The continual cycle of employers looking for workers, workers demanding higher wages, and employers having to raise prices to compensate is one guaranteed to lead to spiraling inflation and loss of earning power. There are not enough U. S. workers to go around, and the relief valve of immigrants is being hounded out of the country by you and your cohorts by any means, legal or illegal. To you, the only good nonwhite illegal is a deported one, and it is highly doubtful that you recognize that the Constitution applies to them also. The future augers worse for workplace replenishment as U. S. women are not reproducing at sufficient rates to replace the present population.

The problem, Mr. President, is that you are unconcerned about the long-term effects of your policies – you only look to the short-term like a burglar in a house before the police come as you have doubts that you legitimately belong in the White House and are trying to do is much to promote your agenda before the voters come for you in the midterms and 2020. Part of your strategy is keeping up stock market prices as long as you can so that voters approve of your performance. You believe in the Roman concept of panem et circenses – bread and circuses to keep the crowds happy. In your case, the bread appears to be stock prices and employment and the circus is your daily media circus. The Federal Reserve is the independent institution tasked with monitoring the economy and taking the proper steps to ensure that it does not seize up or move too fast. It recognizes that where there are strong signals of inflation (2.9% climb in June numbers), it should tap the brakes by raising interest rates and making money harder to borrow for companies thinking to expand or to start new projects. Yet such a move almost always rattles the stock markets, causing the Dow to tumble. With the midterms so close, you insinuated yourself last week in the Fed deliberations to express your displeasure on its decision to raise rates, an unwarranted and dangerous move made not for the welfare of the country but for yourself. Your displeasure was especially threatening as you have already nominated 5 members to the Fed board.

Mr. President, although it is now late in the game, could you do and act like you promised on the night of your election that you would be a President for all Americans?

Q&A’s published on Lawyers.com and the Epoch Times – 7/20/2018 1. How Can I Speed Up the Immigration Process for U.S. Citizen’s Sibling Case? 2. Can a US Citizen File Immigrant Paper for Goddaughter? 3. Can My Mother Get Her US Citizenship Back After Being Deported For a Drug Related Offense?

1. How Can I Speed Up the Immigration Process for U.S. Citizen’s Sibling Case?

My dad is in process immigration and his category is F4 brothers and sisters of U.S. citizens application processing date is 27 mar 2003. I investigate on page of visa Bulletin and there appears application processing date 1/8/1998. How can I speed up the immigration process?

Mr. Lee answers:
I assume that with your reference to a 1998 visa bulletin date for the F-4 category, your family is born in Mexico or the Philippines. The rest of the world except for India, Mexico, and the Philippines is already up to the year 2004 for immigrant visa availability in the F-4 category. Unfortunately there is no speeding up of the category unless the dependent spouse is born in another country. In that event, there could be a cross-charge of the dependent’s country of birth instead of Mexico or the Philippines. I would suggest that if your father or mother has education or an employment based skill that could be the subject of employment sponsored immigration, that would probably be a better way to go. The EB-2 category for persons with advanced degrees (or bachelors +5 years of progressive experience) is current for Mexico or the Philippines born, and the EB-3 category for skilled workers or those who only have a bachelor’s degree is current for Mexico and up to January 2017 for the Philippines.

2. Can a US Citizen File Immigrant Paper for Goddaughter?

I am a U.S Citizen and I will like to bring my 23 years goddaughter who is deaf by birth from Panama to live with me. Is this possible?

Mr. Lee answers:
There is no category under U. S. immigration laws for a U. S. citizen to petition for or bring in a godchild to live with that individual. If she is educated or has past experience that could be the basis of an employment based nonimmigrant or immigrant visa, perhaps those are areas to be explored.

3. Can My Mother Get Her US Citizenship Back After Being Deported For a Drug Related Offense?

My mother was deported back to Mexico after doing her time in prison for transporting drugs in Texas. That was 20 years ago. She has talked to a few lawyers about trying to get a pardon to be able to come back to the states. One told her to save her money because she would never be able to. Her mother recently passed and she went to the border to see if she could apply for a pass to see her mother. She was told it would never happen. She has lost hope. I need to know if there is any way she can legally come back to the states to be with her family.

Mr. Lee answers:
The U. S. government cannot deport a U. S. citizen for a crime committed after the individual is naturalized, so I will assume that your mother was either a permanent resident or the crime was committed prior to her becoming a U. S. citizen. Drug transportation is treated very harshly under the U. S. immigration laws, and the fact that a few lawyers have already gone over her case and not encouraged her is an indication that she will not gain any immigration relief. There is no immigrant visa waiver that covers drug transportation. The best hope was probably trying to obtain a non-immigrant waiver at the border based on emergent humanitarian reasons, but that was apparently turned down. Her case unfortunately does not look encouraging at all unless she is able to overturn the criminal conviction.

Q&A’s published on Lawyers.com and the Epoch Times – 7/13/2018 1. Get Green Card From Visitor Visa 2. I Have H-1B Visa Until 2021 so If I Apply for Asylum Will This Affect My H-1B Visa Status. Will My H-1B Visa Be Canceled? 3. Transferred H-1B Visa, Got I-797B Consular Approval, But Have A Valid I-94. Is Consulate Visit (stamping) Needed Immediately?

1. Get Green Card From Visitor Visa

I am citizen in USA. My mom came here on visitor visa. I want to apply for her green card what can I do for it

Mr. Lee answers:
If your mother is already here in the US on the visiting visa and you wish to apply for her green card, you and she can put in papers to adjust her status to permanent residence. That is assuming that she did not have the intention to adjust status when she first entered the country. If she did not, she is eligible for adjustment of status. You would file form I-130 petition for alien relative, and your mother would concurrently file an I-485 application to adjust status to permanent residence. The package with all the other forms and documents would be sent to the Chicago lockbox of U.S.C.I.S. The agency may or may not decide to interview your mother on her immigration application. Processing times can vary, but normal is between 9-12 months.

2. I Have H-1B Visa Until 2021 so If I Apply for Asylum Will This Affect My H-1B Visa Status. Will My H-1B Visa Be Canceled?

I am living in the USA since 2012. I have M.S. degree in Math major from USA. After I graduated I started to work with OPT (OPT stands for Optional Practical Training, this allows F1 students to work on a full time basis for one year after they have completed their studies, in a field related to their major) last year. Last year the company that I worked for applied for H-1B visa for me and it has been approved so I have got H-1B visa status. However, I want to apply for Asylum because if I will go to my country I have life-threatening condition due to political issues and my human race. That is why, it has been 2 years that I did not go to my country because of life-threatening condition. I am afraid if I will apply for Asylum and my H-1B visa will be canceled then I will have to go back to my country which it is going to be terrifying for me.

Mr. Lee answers:
If you have a legal nonimmigrant status like H-1B & are maintaining it, your applying for political asylum will not cancel the H-1B status. In applying for asylum while in status, you will only have one chance to prove your case for asylum. That will be at the local asylum office. If your case is denied, you will receive a notice of such action, but U.S.C.I.S. will take no steps to cancel your status or to put your case before an immigration court.

3. Transferred H-1B Visa, Got I-797B Consular Approval, But Have A Valid I-94. Is Consulate Visit (stamping) Needed Immediately?

10 days after I came to US, I switched to a different employer (B), B filed for my H1B. Received H1B approval, I-797B, it states: The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons… Since the worker(s) has (have) been found ineligible for an extension of stay, we have sent notification to the consulate shown above… If a visa is issued, upon admission in this classification the worker will be authorized to be employed by petitioner for the authorized period. Current stamping valid till Dec 2019, so is I-94. (i) Am I required to immediately go to a consulate (or consulate referred in 797B) and get the stamping or can say till I-94 is valid? (ii) USCIS officer apparently saw my initial 10 days as out of status. Is it advisable to appeal that I wasn’t out of status for the 10 days?

Mr. Lee answers:
Under your current I-94, you are only allowed to work for your first employer. Since U.S.C.I.S. denied your extension of status, your work is not authorized under your second employer. In order for you to legally work for your second employer, you would have to leave the US and reenter with the new I- 797 approval. Assuming that the visa in your passport for your first employer is still valid, you can use that one to reenter the US with the new H-1B approval sheet. On your second question as to whether it is advisable to appeal that you were not out of status for 10 days, it is likely more troublesome to go through a motion to reopen or to reconsider than to leave the US and come back in.

Article “Even With The Child Separation Issue, Why Donald Trump Feels Confident About The Midterms”

As published in the Immigration Daily on June 21, 2018.

Democrats and liberal minded people hope that the child separation issue at the border will be the tipping point against Mr. Trump as the nation recoiled at images of crying children and children behind wire fences. They hope that this time the nation as a whole sees Donald Trump for what he really is – a mendacious accidental president who will stoop to the very abyss to get what he wants. That mendacity was on full display and exposed by his finally signing an executive order on June 20, 2018, halting the separation of migrant families and the ripping of children from the arms of their parents after a string of lies as to who was to blame, why he couldn’t do it, and why Congress had to act to protect them as part of a huge immigration bill bent on curbing U. S. immigration. Yet that unfortunately is a forlorn hope.

Mr. Trump once remarked that he could stand in the middle of Fifth Avenue and shoot someone and he wouldn’t lose voters. The period of time from now to the midterms is 4 ½ months, sufficient time in his eyes and those of the Republican Party for voters to forget what they would likely call his “hiccup.” They are banking on short memory of the public. The news cycle is ever churning with new news and issues appear and disappear in the flash of an eye. That is even more so with this president who dominates the media waves almost every day with his twitters and other messages. Who remembers Charlottesville? Who will remember Marjorie Stoneman Douglas? Mr. Trump is like a magician diverting the audience’s eyes while working the other hand.

The polls paint an alarming picture to his opposition. Trump’s job approval rating in early June was 45% in Gallup polling, tying his personal high. This was roughly equivalent to the approval rating of Presidents Obama, Clinton, Reagan, and Carter in their second year. His approval rating among black men at the end of April rose from 11% to 22% according to a Reuters poll. Among the total black community, it also nearly doubled from 8.9% to 16.5%. Why? It could well be because the black unemployment rate is hitting record lows – in May, that rate fell to 5.9%, the lowest since the government started keeping track in 1972. Many Asian-Americans, especially small business owners, are supporting Mr. Trump as they feel that the current business climate is heading in a positive direction and 87% believe that the new tax law will have a positive effect on the economy.

Hillary Clinton won the majority of votes in America, yet lost the election. In the midterms, the Republicans behind Trump do not have to win the majority, just enough in the various states (many of them red) to win the elections. What do conservatives and the base of white Americans adore about Mr. Trump? They love his appointing of conservative federal judges including the Supreme Court justice Neil Gorsuch and cannot wait until one of the more elderly justices like Ruth Ginsburg or Anthony Kennedy retire or pass away; the new tax law that gives benefits to most in the red states; the constantly chipping away of Obamacare; the massive rescinding of regulations across the board, including banking and the environment; the emphasis on restructuring trade deals with allies and foes alike; his support of law enforcement even in the most questionable circumstances against the minorities; his crackdown on illegal immigration as a whole; and most of all, for the stock market’s rise to unprecedented highs and the record low unemployment rate in the country.

And so for those who would celebrate the comeuppance of Mr. Trump and think that Americans will carry the image of children living in tent cities behind wire fences to the polls in November, think of this article as the dash of cold water in the face. Democrats and liberal minded people must in the vernacular “put the pedal to the metal” and get out the vote to win the midterms rather than relying on incidents like the child separation issue to carry the tide. They should also not become more confident if polling numbers reflect better circumstances for the Democrats as many Trump followers do not acknowledge their support in public, only in the ballot box.

Q&A’s published on Lawyers.com and the Epoch Times – 6/8/2018 1. Can I Get Sponsored by My Job After They Found Out I Have a Bad Social? 2. How To Prove Physical Presence in USA for Citizenship? 3. High Risk

1. My mother is a U.S. citizen

So can my wife file for me even if my mother petition has been approved?

Mr. Lee answers:
Your wife can file for you even if your mother’s petition is been approved. We have had cases in the past in which individuals have been applied for or applied for permanent residence through multiple paths.

2. Can a Person With a Withholding of Removal Buy a House?

Can people with such status get loans from banks to help buy a house?

Mr. Lee answers:
Banks are private institutions and what they do with regard to their rules of lending is generally up to them. Withholding of removal allows an individual to remain in the US as long as there is continued fear of persecution from the home country. As there is likely to be a long period of time during which individuals can stay in the US with work authorization, the choice of whether to take the risk of lending to such individuals is up to the institutions. There is no law of which I am aware precluding them from lending to such people.

3. Will I Still Be Able to Work on My EAD?

I graduated with my bachelors and started my OPT (EAD card in hand). I got married to a US citizen in 9/2017, left my job in 10/2017 and have been unemployed ever since. It is now 6/2018 and I am in the process of filing for my green I have a few concerns that have me in a panic: 1. My EAD card is valid until July 2018 (it is stated on the card) can I still use it to work even though I have been unemployed for almost 4 months and well over the time limit? If I do use it to work, will that affect my filing process? 2. Even though I am married to a US citizen with all the documents and evidence to prove it, will my violation of my opt status affect my filing? 3. If there a way I can work on my EAD card without immigration finding out?

Mr. Lee answers:
Marriage to a US citizen in a bona fide marital relationship excuses unauthorized employment. Your present EAD is connected with your OPT and it is technically invalid now that you have been unemployed for over 90 days. However, the fact that you will undoubtedly be adjusting status to permanent residence in the US based upon marriage to a US citizen erases that for the most part as a concern to an adjudicating immigration officer. Whether you work on the EAD or without authorization at this point would likely make no difference in your case.

Matter of Y-M-C- States Limit on U.S.C.I.S. Ability to Automatically Deny I-212 Because of Another Possible Ground of Inadmissibility

Attached a non-precedent decision of the AAO (U.S.C.I.S.’s Administrative Appeals Office), Matter of Y-M-C-, ID #151-8339 (AAO May 25, 2018), which we worked on, withdrawing the U.S.C.I.S. New York Field Office Director’s unfavorable decision and remanding to him for a further judgment as to whether the applicant deserves conditional approval of the I-212 application as a matter of discretion. (Form I-212 is an application for permission to reapply for admission into the U. S. after deportation or removal. Our client had been ordered deported long ago but not left the U. S.). The Acting Director had denied the application on the basis that the applicant had filed a false I-102 (Form I-102 is an application for replacement or for an initial nonimmigrant arrival-departure document) and that, because he was also inadmissible under §212(a)(6)(C)(1) of the Act, the section for fraud or misrepresentation, there would be no purpose in granting the applicant permission to reapply for admission while he remained under that ground of inadmissibility. (The conditional I-212 application was filed as part of the I-601A process, and the I-601A only forgives the unlawful presence grounds of §212(a)(9)(B)(i)(I) or (II) – the 3 and 10 year bars for being in the U. S unlawfully for 180 days or one year respectively). We contested the client’s inadmissibility under the 6(C)(1) section on appeal.

The AAO pointed out that the applicant was not seeking to adjust status inside the United States, and that it is the consular officer’s responsibility to determine an applicant’s inadmissibility and to have an applicant file a form I-601 if required – accordingly, the Director’s finding of inadmissibility under §212 (a)(6)(C)(1) of the Act was premature, and the matter had to be remanded for him to determine whether the applicant merited conditional approval of his application as a matter of discretion.

The case shows that in a conditional I-212 matter in which the applicant must make final application for an immigrant visa to an American consular officer overseas, U.S.C.I.S. should not automatically deny the application as having no purpose where there is another possible ground of inadmissibility, but leave that decision to the consular officer, and confine itself to deciding whether the applicant should be granted or denied the I-212 as a matter of discretion. Although not a precedent decision of U.S.C.I.S., the decision should be given greater weight as it is well reasoned and in line with the agency’s 2016 I-601A instructions that Service officers should leave questions of inadmissibility to the U. S. consulates and secondarily to CBP (Customs and Border Protection).

The full decisions can be read here: Matter of Y-M-C-.

Q&A’s published on Lawyers.com and the Epoch Times – 6/1/2018 1. Can I Get Sponsored by My Job After They Found Out I Have a Bad Social? 2. How To Prove Physical Presence in USA for Citizenship? 3. High Risk to Get Citizenship With Arrest Record?

1. Can I Get Sponsored by My Job After They Found Out I Have a Bad Social?

I’ve been working at the same job since high school. I used a social security number that’s bad. Now it’s been found out because of the affordable care act. My question is if I can try and get my job to sponsor me and if not what are my best bets? I don’t have any pending charges, felonies, and I have a bachelor’s degree. I also have been with this company for close to 13 years.

Mr. Lee answers:
Whether your employer will sponsor you is up to it. Doing so would be an acknowledgment that it knows that you are not a permanent resident or US citizen. It may feel an obligation to you for your almost 13 years with the company, but it may also be reluctant if you did not previously inform them of your true status or because of the possibility of immigration fines.

2. How To Prove Physical Presence in USA for Citizenship?

This is just to prove that I have been physically present in the country for a period of time. Employed persons can get an employment letter. How would unemployed people go about it? Can a notary help? eg. signing documents in city?

I am currently renting two safety deposit boxes and access them weekly so the bank has a record. What else can I do? Can i pledge something in front of a notary every two weeks…sign some documents and the notary stamps it with the name of city ?

Mr. Lee answers:
For citizenship cases, relevant documents to prove physical presence in the US are passports, other travel documents, reentry permits, tax returns, evidence of schooling, past employment, leases with rent receipts, deeds with mortgage statements, banking statements, utility bills, telephone bills, etc. Your having two safety deposit boxes and accessing them weekly is questionable as the bank may not give you your access records. Pledging something in front of a notary every two weeks may help, but a notary’s stamp is not an official government document and some notaries have been known to falsely notarize papers of individuals not in front of them.

3. High Risk to Get Citizenship With Arrest Record?

I was convicted of shoplifting in 2013. I went to court and served a community service for a day. I know that I have to wait at least 5years to apply for it and I got Certificated disposition from court. I wonder it is really high risk to get citizenship with my record? I’m going to hire a lawyer when it’s time.

Mr. Lee answers:
The period of good moral character is five years. If you have committed no other crimes and five years have passed before your application for citizenship, it would not be a high risk for you to obtain US citizenship. I assume that the shoplifting occurred after you obtained your LPR status or you disclosed it on your green card application if it happened before obtaining LPR status.

Q&A’s published on Lawyers.com and the Epoch Times – 5/25/2018 1. Is It Possible to Immigrate If I’m Under 18? 2. While Filling N-400 Based On 3 Year Rule, Is It Enough to List 3 Years of Address and Job Information? 3. Worked Under the Table Now I Am Getting an 1099

1. Is It Possible to Immigrate If I’m Under 18?

I’m going to finish school next year and I want to move to Pennsylvania, Boalsburg and go to high school for 12th grade. My aunt and her family of husband and 3 kids live here and I’ve been visiting them since 2011. So is it possible to move here and become a legal resident without my own parents moving with me? It’s just me and I would live with my second American family in Boalsburg.

Mr. Lee answers:
Normally it would not be possible for you to immigrate by just going to Pennsylvania and living with your aunt’s family that you have been visiting since 2011. The only possible way would appear to be if you are claiming special juvenile status as a child who has been declared dependent on a juvenile court; whom a juvenile court has legally committed to, were placed under the custody of, an agency or department of the state; or who has been placed under the custody of an individual or entity appointed by a state or juvenile court. The juvenile court must find that juvenile’s reunification with one or both of the juvenile’s parents is not viable due to neglect, abuse, abandonment, or a similar basis found under state law.

2. While Filling N-400 Based On 3 Year Rule, Is It Enough to List 3 Years of Address and Job Information?

Mr. Lee answers:
I believe that you could do so, and just to avoid confusion, you should add a note saying that you are qualifying for naturalization under the three-year rule and are therefore only providing 3 years worth of addresses and employment. If an examiner wants more, be prepared to supply the information at interview.

3. Worked Under the Table Now I Am Getting an 1099

I worked for a lady during university and I got paid under the table for helping her design a patent. Now she is stealing all my work and threatening to issue me a 1099 because I refuse to do more work for her.

Mr. Lee answers:
You are indeed in a difficult situation in which you will have to choose between having a record of your work and continuing to work for someone that you consider less than honorable in taking credit for your work. Choosing the former course may not be as consequential as you believe as there is not to my knowledge automatic data sharing between U.S.C.I.S. and IRS.