Q&A’s published on Lawyers.com and the Epoch Times on April 12, 2019 1. Would My Being on Food Stamps Affect Me Helping My Mother Get Residency? 2. Naturalization with DWI 3. Tax Filing Status For Illegal Spouse

1. Would My Being on Food Stamps Affect Me Helping My Mother Get Residency?

I just became a citizen and I’m planning on helping my parents apply for residency but my family is in current need of assistance if I Apply and get approved for food stamps will that effect be being able to help my parents?

Mr. Lee answers:
If it is discovered that you are taking means tested benefits like food stamps, that could have an effect on your mother’s obtaining resident status as you must supply an I-864 affidavit of support in order for her to immigrate. Although the chances of discovery are not high, there is still a risk. Even if you have a financial co-sponsor, a relevant question by an adjudicating officer upon discovery could be whether the co-sponsor’s affidavit of support is credible since the cosponsor is not assisting your financial situation.

2. Naturalization with DWI

I am a permanent Resident for over 10 years, and decided it is time to apply for a US citizenship. One problem that I do have is in June 2015 I was arrested for a DWI (which is considered as a traffic offense in NJ) in the state of NJ. Will this have any negative effect on my application and cause it to be denied? Do I absolutely have to wait 5 years from the arrest date until I can start the process for naturalization? Do any other factors such as being a full-time student, owning a home, weigh in positively towards the decision making from USCIS? If the application does get denied, Do I have to wait another 5 years until I can re-apply?

Mr. Lee answers:
I will assume for purposes of your question that you were not cleared of the charge. Naturalization requires good moral character, in most cases for five years. You have a questionable case as to whether an application would be granted at this time. If only one DWI, however, the odds are good. DWIs in the past were not considered too damaging to applications, but have received much attention in this past decade. That is because of the pressure brought on to members of Congress by aggressive lobbying by interested parties, which in turn has meant the dragging of DHS officials before congressional committees on the issue. If you do decide to go forward with your naturalization case, you should attempt to make a showing of any equities that you have including any explanations for your DWI arrest.

3. Tax Filing Status For Illegal Spouse

How do I file my return if I recently got married to someone from another country, but my spouse has not yet received his green card or social security number?

Mr. Lee answers:
There is no one right answer for the question, but we favor married and filing separately if the individual is overseas. Your tax status is in my understanding determined on your marital status at the end of the calendar year. If you were married this year and your spouse is in the US, you should file a joint tax return or file as married filing separately.  For filing jointly, you should be able to work it out so that your spouse files with you with a taxpayer identification number (ITIN). Any of the accounting service should be able to assist you and your spouse with doing that.

Q&A’s published on the World Journal Weekly on April 7, 2019 1. I Wish to Give Up My Green Card As I Have Not Been Successful. What Effect Will That Have On My Family That Wants to Stay Here And How Do I Do It? 2. Having Difficulty Changing Schools on F-1 Visa – What To Do? 3. CBP Gave Me a Short Stay When I Reentered on H-1B Even Though I Have a New Visa. Why? 4. On H-1B Visa With Company A, Transfer Applied for by Company B, But Want to be With Company C – How Can I Solve This?

1. I Wish to Give Up My Green Card As I Have Not Been Successful. What Effect Will That Have On My Family That Wants to Stay Here And How Do I Do It?

I and my family immigrated to this country in 2015. As an artist, I have not been successful here, and want to return to my home country. My 2 questions are how can I give up my green card and what effect will that have on my wife and child who want to stay in the U. S.

Mr. Lee Answers:
There are 2 ways to cancel the green card through the filing of form I-407 Record of Abandonment of Lawful Permanent Resident Status – 1.)  Submitting the form in person or by mail to a U.S.C.I.S. international field office in your home country, or mailing the form to the nearest U.S.C.I.S. international field office where there is not an office in your home country; or 2.)  submitting the form to Customs and Border Protection at a U. S. port of entry. In rare circumstances, the U. S. Embassy or Consulate without a U.S.C.I.S. international field office in the country may allow the submission of the form in person if you need immediate proof that you have abandon your lawful permanent resident status. Addresses of international field offices and ports of entry are in the form I-407 instructions on where to file. On your family, they should feel no adverse effects if you abandon residence at this time as you have already held it for 3-4 years. U.S.C.I.S. is more concerned with principal aliens and their families in which the principal alien fails to stay in the U. S. for any appreciable period of time before taking steps to abandon the green card.

2. Having Difficulty Changing Schools on F-1 Visa – What To Do?

I just entered the U. S. to go to a good college for which I got a five-year F-1 visa, but I am uncomfortable and want to change schools. However, the school that I am really interested in has a policy that it will not transfer in someone who just came in to start with another school. It tells me that I must go back to China and ask the first school to terminate the school’s I-20 form first. What can I do?

Mr. Lee Answers:
I do not know what your desired school will finally accept, but perhaps they would be satisfied with giving you an I-20 for you to use outside the United States. Then because the five-year visa is still valid (even though with another school), you should be able to reenter the U. S. by showing the new I-20 and valid passport to Customs and Border Protection (CBP). If CBP disagrees, it could still allow you to file a form I-193 application for waiver of passport and/or visa in its discretion.

3. CBP Gave Me a Short Stay When I Reentered on H-1B Even Though I Have a New Visa. Why?

I had my H-1B status extended to 2021, and went home and got a new visa at the consulate that starts on March 25, 2019. The current H-1B visa expires on March 24, 2019, which was the ending date of my first H-1B petition. I came back to the U. S. from vacation on February 25, 2019, and the CBP officer at the airport only gave me the time to stay until April 3, 2019, which he said included the 10 day grace period after the expiring of the visa on March 24. How can I straighten out my situation?

Mr. Lee Answers:
An H-1B visa holder generally cannot enter into the country on an H-1B visa more than 10 days before the start date on the petition. When you entered the U. S., neither the visa nor the petition beginning on March 25, 2019, was within the 10 day striking range. Therefore the CBP officer probably believed that you could only enter on the basis of the present visa and petition which ended on March 24, 2019, and that he or she was only allowed to give you that period of time plus the 10 day grace period. It seems a dubious reading of the law where the new approved petition is connected in date with the one that is expiring. A visa is usable for entry, but does not dictate the period of time that someone is allowed to stay in the country. I suggest that you communicate with CBP immediately at any international airport in the U. S. to attempt to have your situation straightened out. If CBP refuses to assist, you should book a flight outside the United States and reenter using the new visa and petition which are now within the 10 day range. You should ensure that you will be passing through a port of entry in which CBP will actually inspect you rather than just waving you through. In the latter case, there might not be a record of your reentry.

4. On H-1B Visa With Company A, Transfer Applied for by Company B, But Want to be With Company C – How Can I Solve This?

I am presently with company A, got a better job offer from company B which sent in H-1B transfer filing 4 months ago and is pending a response on U.S.C.I.S. Request for Evidence, and now have a better job offer from company C which is also willing to do a transfer petition for me. What should I do at this point?

Mr. Lee Answers:
As you are still with company A, there is no impediment to company C putting in an H-1B transfer petition for you at this time. The new petition would include proof of your continuing pay with company A to show that you are still maintaining your present status. The question is whether you are stuck in your mind on working only for company C or whether you are willing to work for company B if its petition is approved instead of that of company C. If you are set against working for company B in any circumstance, you should ask the company to withdraw its petition now. On the other hand, if you are still entertaining thoughts of perhaps working for company B, you could have the company continue its petition and see whether it can be approved. If it is approved prior to the approval of company C’s petition, the company C approval would supersede it automatically, but you should also have company B withdraw the petition unless you are also planning to work for company B. If the situation arises in which the company C approval comes in prior to any final action on that of company B’s, you should have company B immediately withdraw the petition to avoid any adverse effects upon your ability to work for company C.

Q&A’s published on Lawyers.com and the Epoch Times on April 5, 2019 1. My Husband Moves Out After Filing I-485 for Employer Sponsored Green Card – Will I Still be Eligible As His Wife If Legally Married But Different Homes? 2. H1-B Extension With Approved I-485 Employment Authorization Document 3. My Boyfriend and I Are Getting Married Soon I’m Illegal He Wants to Get My Immigration Status Fix

1. My Husband Moves Out After Filing I-485 for Employer Sponsored Green Card – Will I Still be Eligible As His Wife If Legally Married But Different Homes?

I am concerned about needing to go to a green card interview as a married couple if the credit report shows a new lease? He claims provided we are legally married it is ok if he moves out BEFORE we receive green cards? We have been married for 17years & previously held a green card before moving out of US for 6yrs. We now have E3 / E3D visas. We have two children under 9 who are also on the application. I don’t want his lease / moving out to make me ineligible for spouse green card.

Mr. Lee answers:
Yours is not a marriage based petition case, and as long as your husband continues to support your immigration application, I would assume that you will obtain your permanent residence. I will also assume that the move is in the same immigration office jurisdiction as local field offices of USCIS may not wish to adjudicate applications of persons residing outside their jurisdiction. The fact that you already have two children nullifies any suspicion of a non-bona fide marriage. Separate addresses would appear to be more of a concern where a US citizen or permanent resident has married and is petitioning for the spouse, or where the principal in an employment base case has a recent marriage. A difficulty may be coordinating between yourselves to attend an immigration interview together if you both filed I-485 adjustment of status applications together as USCIS is now interviewing all employment based case beneficiaries.

2. H1-B Extension With Approved I-485 Employment Authorization Document

Although my I 485 EAD and AP is approved, I still want to maintain and continue to be on H1-B visa, till the time my green card priority dates become current. The reason to maintain H-1 Visa status : If for whatever unforeseen reason there is any issues in my green card processing, I need a fall back plan that can let me stay in US and work, that’s only H1 Visa. Also my priority date is 31st Oct 2010 from India and the dates are not moving fast enough every month. Need a professional advise if this is the right approach or if there is something else I should be doing for me(H1B) and my wife(H4).

Mr. Lee answers:
Many H1B holders are faced with the same question as you, and many choose your fallback plan. This appears to be the right approach for the sake of security. Of course, as you know, many take the other course with the EAD and advance parole.

3. My Boyfriend and I Are Getting Married Soon I’m Illegal He Wants to Get My Immigration Status Fix

I came with a visa when I was younger it expired and I stayed here would that be an issue for my immigration process?

Mr. Lee answers:
As long as the visa on which you came to the US was valid, your overstay should not affect your having your immigration status fixed as long as your boyfriend is a US citizen. The status of being the spouse of a US citizen forgives the immigration violation of an overstay.

Q&A’s published on Lawyers.com and the Epoch Times on March 29, 2019 1. What Information is Required on An Approved I-130? 2. I Am An Illegal Immigrant Living in the USA. Will Anyone at the Airport Check My Legal Status or Ask Me Questions? 3. Am I Qualified to Apply for Citizenship?

1. What Information is Required on An Approved I-130?

My wife is a US citizen and filed I-130 for me, which was approved after 1.5+ years and sent to Islamabad Pakistan embassy more than 1 month ago. But I didn’t receive any information from embassy about any interview etc? What things I must keep ready and required by embassy?

Mr. Lee answers:
Your situation is not uncommon, and I expect that you will receive a notice of interview soon. You should ensure that you have the original of all the copies of documents that were previously sent to the National Visa Center. If the police certificate or affidavit of support are old – one year and six months respectively – they should be renewed. Other than those, you should maintain records of all your communications and meetings with your wife as this is a marriage based case in which a chief question is whether there is a bona fide marriage.

2. I Am An Illegal Immigrant Living in the USA. Will Anyone at the Airport Check My Legal Status or Ask Me Questions?

I need to go to another state but I’m an immigrant from Mexico. I have always flown in airplanes using just my Mexican passport. Now in 2019 will they be checking any legal status of a person or asking questions at an airport?

Mr. Lee answers:
Unfortunately Pres. Trump has implemented a policy of tough immigration enforcement, and the Department of Homeland Security officers are energized to enforce the laws against the undocumented. Traveling by air may now become more dangerous, especially where the entry is made from outside the mainland, e.g. Puerto Rico, Hawaii, or to and from places close to the borders of this country.  Also airports are places of high security, and so there may be more risk of encounter with DHS there than in many other places.

3. Am I Qualified to Apply for Citizenship?

I have 3 questions: 1. I am a foreign people. I married America citizen on Jan, 2005 outside of USA. My permanent resident Green card date was on Dec, 2007. Because my husband abused to me, I left him and lived in a shelter on Jan, 2008. I divorced with him on June, 2009. Now I have lived in America for 9 years, and I want to be an America citizen. Will It influence my application for my citizenship? What papers do I need to prepare for citizenship?  2. I changed my address 3 times. I did not know that I should tell USCIS or I would be punished me? I worry Trump’s policy will push me to outside of USA. 3. I did not have job since 2010 up to 2017 because I was a student in a university. Therefore, I could not proof tax return “transcript.” Does this case will reject me to be US citizen?

Mr. Lee answers:

Although your green card is based upon your prior marriage, your showing proof of abuse and having lived in a shelter would go a long way to convincing a naturalization officer that your green card was legitimately obtained and should not be questioned again in the naturalization setting. Changing addresses and not informing U.S.C.I.S. is only a non-favorable factor if it was done intentionally. A tax transcript or other proof of having paid taxes is not required except in situations where individuals have worked in this country and are supposed to have filed tax returns.

Q&A’s published on Lawyers.com and the Epoch Times on March 22, 2019 1. What To Do With My Aged Out Son’s Case? 2. What is the Fee for Removal of Conditional Green Card? 3. I Have a Felony and Would Like to Fix Papers for My Mother. Is That Possible?

1. What To Do With My Aged Out Son’s Case?

My mother is a U.S. citizen and she applied for F3 visa category for my family in India – priority date august 2004. Our case got approved in June 2010 now mine and spouse visa is approved but my son born in 7/1987 has been aged out after paying his visa fee of $325, his biometrics and medicals were also done. Then on the day of interview, they said our son is aged out. My spouse and I have got our visas.  What can be done in my son’s case?

Mr. Lee answers:
I will assume that the US consular officer counted correctly and that your son has indeed aged out and cannot immigrate with you and your spouse. You and/or your spouse can file an I-130 petition(s) for him as soon as you enter the US with your immigrant visas. The waiting time is approximately 7 years during which your son should stay single as you would be petitioning for him under the F-2B category for unmarried sons or daughters of permanent residents over the age of 21.

2. What is the Fee for Removal of Conditional Green Card?

I want to know how much it will cost me to file for the removal of a 2-year condition on a green card.

Mr. Lee answers:
An I-751 application to remove the conditional basis of residence status currently has a fee of $680 payable to the US Department of Homeland Security. If you are inquiring about lawyers fees, those vary from attorney to attorney and also depend upon the complexity of the case. You may wish to make an appointment for consultation with an immigration lawyer.

3. I Have a Felony and Would Like to Fix Papers for My Mother. Is That Possible?

Mr. Lee answers:
Assuming that you are a US citizen, it should be possible for you to sponsor your mother even if you have a felony assuming that you fulfill all of the other obligations associated with sponsorship including relationship and financial support.

Q&A’s published on Lawyers.com and the Epoch Times on March 15, 2019 1. CD1 Visa 2. Russian Citizen in Mexico 3. How Can I Help My Husband Get His Citizenship Here in the U.S.?

1. CD1 Visa

I have a CD1 visa entered United States. I got married more than a year ago to an American. Is there any hope for my case after the election?

Mr. Lee answers:
You may still take advantage of the I-601A program under which your US spouse would file an I-130 petition for alien relative on your behalf, and upon its approval you would file an I-601A application to remove the bar of unlawful presence based upon extreme hardship to your US citizen spouse if the provisional waiver is not granted. If U.S.C.I.S. approves the I-601A, you would then begin consular processing with the National Visa Center with the aim of ultimately interviewing with the American consulate or embassy in your home country. Assuming that your only bar to the US was your unlawful presence, your interview would be like any other applicant’s for an immigrant visa.

2. Russian Citizen in Mexico

My friend is a Russian native and is currently in Tijuana, Mexico and would like to apply for a visa to travel to the U.S. He has tried before for a B1, B2 but was denied for not having enough money or lack of connections to travel. Is there any way I could possibly help him? I am a U.S. citizen. What should be our next step? Thank you for your time.

Mr. Lee answers:
As a US citizen, you could give your friend an I-134 affidavit of support if you have moderate to good income along with proof of that in the form of a job letter, recent payslips, banking statement, and most recent federal tax return. You could also give him a letter to take to the US consulate or embassy guaranteeing his support, what he will be doing in the US, and promising that he will return to Russia at the end of his period of visit. Whether he is able to obtain a visiting visa is in the discretion of the US consular officer.

3. How Can I Help My Husband Get His Citizenship Here in the U.S.?

Me and my fiancé will be getting married this month. How can I get his citizenship process started? He also has a 2 and a half year old daughter.

Mr. Lee answers: 
Assuming that you are a US citizen and that your fiancé and his daughter are in the US and entered the country legally, they may be eligible for adjustment of status to permanent residence without leaving the country. In such case, you would file I-130 petitions for both of them, and then your husband and his daughter would file I-485 adjustment of status applications at the same time. The cases would be submitted to the Chicago lockbox of U.S.C.I.S. and you would normally expect to be called for interview within a year.  If you are not a US citizen or there are other complications, you may wish to consult with an immigration lawyer.

Q&A’s published on Lawyers.com and the Epoch Times on March 8, 2019 1. How Long Does It Take For a U.S. Citizen to Get a Green Card for Her Parents? 2. Can I Reopen My Husband’s I-130 So He Can Apply for the I-601 Waiver Within the U.S.? 3. I Have a Conditional Green Card Through Marriage, Which Ends This June. Recent DUI Charge Was Reduced to Reckless Driving.

1. How Long Does It Take For a U.S. Citizen to Get a Green Card for Her Parents?

I am living outside USA. However, while we were visiting the USA on tourist visa last year my child was born in the USA. I understand that my child can apply for a Green card for me and my spouse once she is 21. Is that correct? How long will it take for us to get a Green Card once my Child applies for us? Few months or several years? Do you see any prospect of a change in this law over the coming years? 

Mr. Lee Answers:
Taking into account the time that will be involved when your 21-year-old child petitions for you both on I-130 Petitions for Alien Relative and the time required for National Visa Center (middle point between U.S.C.I.S. and American consulate or embassy) and final consular processing, the timing is currently approximately one year. There is contemplation of change of law that would affect your type of case by doing away with the USC child-parent category.  Hopefully it will not come to pass.

2. Can I Reopen My Husband’s I-130 So He Can Apply for the I-601 Waiver Within the U.S.?

He got his I-130 approved in 2008, had an appointment in Cuidad Juarez in 2011(cancelled it), case got closed, got the Consul to reopen it And telling them we were applying for the I-601A.  They gave us a year to complete but then our lawyer at the time said he didn’t qualify because he already had an appointment before and as of now his case is closed.

Mr. Lee answers:
The prohibition upon applicants participating in the I-601A program if they had a previous immigrant visa interview has been rescinded, and your husband is now eligible to apply for the benefits of the I-601A program. You can check with the American Consulate in Ciudad Juarez to see whether the case is still viable. If not, you would have to file a new I-130 petition and wait for that to be approved before filing for the I-601A waiver.

3. I Have a Conditional Green Card Through Marriage, Which Ends This June. Recent DUI Charge Was Reduced to Reckless Driving.

I need to apply for a permanent green card. I recently got DUI, which was reduced to reckless driving on my record. Now I am afraid the government will decline my removal of conditional green card. I have 2 kids and a family. Do I need a lawyer to help?

Mr. Lee answers:
Reckless driving would not be a bar to removing the conditional basis of your residence status. Whether you wish or need an attorney’s assistance with your case is up to you. In our experience, some people seek assistance for naturalization cases even though there are no issues and their English is fluent while others decline to use attorneys even when facing removal proceedings.

Q&A’s published on the World Journal Weekly on March 3, 2019 1. Applied for EB-5 Investor Investment in 2017, and With The Line So Long, What Else Can I Do To Immigrate? I Am Major Owner of a Company in China. 2. What Are The Chances of Being Approved If Applying For H-1B Visa With a Small Tutoring Company? 3. How Should My Son Answer the DS-160 Question of Whether an Immigrant Visa Petition Has Been Filed for Him Where It Was Filed For Me And He Was Only Listed As a Member of My Family? 4. Can I Leave on Advance Parole If I Have Already Received a Notice of Intent to Deny My Adjustment of Status Application?

1. Applied for EB-5 Investor Investment in 2017, and With The Line So Long, What Else Can I Do To Immigrate? I Am Major Owner of a Company in China.

I and my family have been trying to emigrate to the U. S. from China through EB-5 investment, and our case was finally filed (I-526) in November 2017. Now we understand that it will be many more years – probably at least 10 more – before we are allowed to finally immigrate. Is there another way for us now? I am the major owner of a company in China that does the equivalent of $8 million (USD) business per year and we have over 300 workers. Our entire family has B-1/B-2 10 year visas.

Mr. Lee Answers,
You may wish to consider immigration under the EB-1C category for multinational managers or executives if you have or if will have a related U. S. company which will be a viable affiliate or subsidiary or headquarters operation. The company can have the relationship with you or your China company since you are the major owner. This path would take approximately 2 years at present. At least 50% of the shares of either the U. S. or China operation must be held by the counterpart company in the other country. You would have to demonstrate the viability of companies in China and the U. S. In addition, you would have to demonstrate that you or your wife (if she is to be the sponsored manager or executive) has had one year experience out of the past 3 as an executive or manager in the China company. Under U. S. law, you could start your own business, but if starting small, you would have to give a comprehensive business plan on how the business is going to grow. Growing your own U. S. business to the point that it can support an application for your green card might take years. Only if you start big in terms of investment and numbers of employees might you be able to soon apply for the green card. Acquiring a viable existing U. S. company might be a move to consider in this direction.

2. What Are The Chances of Being Approved If Applying For H-1B Visa With a Small Tutoring Company?

I have a bachelor degree in mathematics and am studying for my Masters degree which will not complete for another year. A tutoring service run by a family friend is interested in sponsoring me for H-1B to tutor math and physics. This would be a part-time job. The company has one full-time employee, a few tutors who are subcontracted, and I would be the first part-time employee. What are my chances of success in getting H-1B in this situation?

Mr. Lee Answers,
U.S.C.I.S. has become stricter in its adjudication of H-1B’s with a reported increase in denials of 41% from the 3rd to the 4th quarter of FY 2017 (9 months into the Trump presidency). Later figures are not available. The size of an organization appears to carry much weight with U.S.C.I.S., and larger companies get the benefit of the doubt in H-1B adjudications. In small companies of this size, questions abound such as whether the alien will be doing all professional work or perhaps some clerical or other nonprofessional work because of the company’s small size and whether the company has enough work to keep the individual occupied in professional work. You might probably be better off finding a larger sponsoring organization if such can be found.

3. How Should My Son Answer the DS-160 Question of Whether an Immigrant Visa Petition Has Been Filed for Him Where It Was Filed For Me And He Was Only Listed As a Member of My Family?

My U. S. citizen brother filed a petition for me in 2009 and we will likely have to wait another 4 years according to the lawyer before we can immigrate. My son is finishing high school and we want him to study in the U. S. Looking at the American non-immigration visa form, DS-160, it asks whether he has ever had an immigration visa petition filed on his behalf. We do not want him to lie, but want him to have the best chance of getting the visa. My brother filed for me, not for my son, and my son is only on the petition as a member of the family. Can he answer “no” to the question or must he answer “yes”?

Mr. Lee Answers,
According to the Department of State, your son can answer either yes or no. It has amended its consular manual to say that someone who is the spouse or child of the principal beneficiary of a petition will not be making a misrepresentation by answering no to the question. Consular officers many times expect the answer yes, and the American Immigration Lawyers Association has taken the position that such a person may respond yes or no to the question, with neither response resulting in a finding of material misrepresentation.

4. Can I Leave on Advance Parole If I Have Already Received a Notice of Intent to Deny My Adjustment of Status Application?

I filed my I-485 adjustment of status application in 2016 based upon a labor certification by my employer. At the time of interview in October 2018, there were questions concerning my employer and my past qualifying experience. I have advance parole to leave the country, but do not know if I should use it at this time. I want to go back to China to visit my mother who is old.

Mr. Lee Answers,
Your situation would pose risk, and I would not recommend that you go out on advance parole. Customs and Border Protection (CBP) in this region has made known recently that while a notice of intent to deny would likely have no effect on your reentry under parole, CBP would not parole an individual whose adjustment of status application had been denied by the time that he or she is trying to reenter the country. In that situation, CBP would look to see if the I-485 was denied on criminal charges. Based on its initial review, it might decide to defer the inspection for 30 or 60 days to consult with U.S.C.I.S. and determine the nature of the denial while the individual addresses the denial with U.S.C.I.S. It would likely continue the deferred inspection if the applicant was making progress with U.S.C.I.S. to resolve the issue.

Q&A’s published on Lawyers.com and the Epoch Times on February 22, 2019 1. Can An Illegal Immigrant Become Legal After 13 Years of Living in the U.S.? 2. I’m On L-2 Dependent Visa and Want to Have a Work Permit to Work in U.S. 3. Clarification on The 3-Month Residency Requirement in the District When Submitting N-400.

1. Can An Illegal Immigrant Become Legal After 13 Years of Living in the U.S.?

Mr. Lee Answers:
Dependent upon the situation, an illegal immigrant can become legal after 13 years of living in the US. However, that presupposes that there is some basis other than the 13 years of residence. For example, an individual may be eligible for relief in the immigration court by showing 10 years continuous residence, good moral character, and that removal to another country would cause exceptional and extremely unusual hardship to a US citizen spouse, parent, or child. Other reliefs may be available, and your best move may be to consult an immigration lawyer about other possible options.

2. I’m On L-2 Dependent Visa and Want to Have a Work Permit to Work in U.S.

Is it necessary to apply EAD & social security number?

Mr. Lee Answers:
For an L-2 dependent to obtain a work permit, he or she must file for employment authorization on form I-765 application for employment authorization. Upon obtaining an employment authorization, the individual can apply for a working Social Security number. I do note that L-2 employment authorization is for spouses and not dependent children.

3. Clarification on The 3-Month Residency Requirement in the District When Submitting N-400.

 I am living in two states which are NC and SC. They are in same USCIS district according the information on USCIS website. Currently l am in NC since October and l will be living in SC during summer time then will be back to NC again.  Does it matter which state l apply for naturalization?  I have apartment lease and utilities on both state address.  

Mr. Lee Answers:
U.S.C.I.S. regards the three-month residency requirement to either be applicable to the state or to the U.S.C.I.S. field office’s jurisdiction. So in your case, you would be fulfilling the three month requirement whether in North Carolina or South Carolina as long as they both fall under the jurisdiction of the same immigration office.

Q&A’s published on Lawyers.com and the Epoch Times on February 15, 2019 1. EAD I-140 Compelling Circumstances 2. How to Change Tourist Visa to Work Visa? 3. Extension of B1/B2 Visa

1. EAD I-140 Compelling Circumstances

I am on H-1B with I-140 approved (2014- EB2- India). My wife is facing medical issues and if I qualify, my intent is to apply for I-140 EAD Compelling circumstances. My wife had multiple miscarriages and last year she was hospitalized for 15 days for emergency. This year she had a minor surgery and again put on 100% bed rest by the doctor. Currently I travel 1-1/2 hr each way to my job. We cannot move as she has doctor visits every week. EAD will allow me to find a flexible job near to my house and take care of my wife in this difficult times. Question: 1. Do I qualify for EAD I140 Compelling circumstances. I wish to apply for EAD. I am looking for a competent attorney. 2. My h1b expires August 2019. What is my status on EAD if I have to travel abroad? What about stamping? 3. On EAD I may get any job which allows me to be flexible and close to my house to take care of my wife. What if after 1 year, I do not get an H-1B?

Mr. Lee answers:
Whether you qualify for an EAD based upon compelling circumstances will depend upon the view of U.S.C.I.S. As this is new relief without much of a track record, I could not inform you whether your situation would be seen as compelling circumstances although I suspect that it will be. An individual on the EAD who works for another employer is no longer in valid nonimmigrant status. It does not give travel privileges.  For that, you would have to make an application for advance parole, and such could be approved based on urgent humanitarian circumstances or where it would provide a significant public benefit.  If you must renew your H-1B after the year of employment authorization under the EAD, you would have to go abroad for non-immigrant visa processing. If you are denied an H-1B petition and are still in the States, you can request an extension of the EAD where there is still compelling need and the visa availability date is far away, or the visa availability date is reachable within one year before or after the visa bulletin final action date. However, if the H-1B petition is approved by U.S.C.I.S. and you are denied a visa when you try to go for visa stamping abroad, you would essentially be stuck overseas unless you are able to overcome the ground(s) of denial.

 2. How to Change Tourist Visa to Work Visa?

I am in tourist visa. I came in USA to take care of my son who is a Troy student and extremely injured from car accident in December 15.

I have to stay here for injured victim of car accident. I probably should quit the job in Nepal. I like to apply work visa.  Is it possible?

Mr. Lee answers:
Generally speaking, US immigration law does not allow employment authorization for humanitarian situations where there is no other basis for its allowance. If you are eligible for other types of application such as nonimmigrant or immigrant visas that allow an employment authorization or for political asylum, you may be able to obtain an EAD (employment authorization document).

3. Extension of B1/B2 visa

I need more time before I can submit an E2 visa application. My B2 visa will end in early March, I’m looking to extend.

Mr. Lee answers:
It may be possible for you to obtain a B-1 extension or B-1 change of status for the purpose of completing the arrangements for making an investment in the US which would make you eligible for E-2 Treaty investor status. You would generally have to inform U.S.C.I.S. of the progress of your investment and when you can be expected to perfect the investment. In addition, you would have to show evidence of intent to leave the country once your arrangements are concluded.