Category: Q&A

1. K-1 Petition & Police Report

My K-1 petition for my fiancé to join me in the U.S. has been approved. We are in the interview process. Noticed a document required for interview is police report.  Are police records for each country he has lived in for 6 months or more over the age of 18. He is a refugee an unable to obtain these records. Are there any alternatives?

Mr. Lee answers:
Although no guarantee of success, your fiancé can show proof that he has attempted to obtain police records from the countries in which he has resided for six months and more since the age of 16. A good-faith effort such as giving all pertinent data about himself including addresses in each country and the specific period of time spent there may be helpful. Proof of delivery to the appropriate organ in the countries would be part of the good-faith effort. The appropriate agencies in each country for police records are contained in the Foreign Affairs Manual of the US Department of State.

2. Can I Change my Current H-1B Visa to OPT Status?

I entered US on F1 to do PhD degree in computer engineering. After I finished all the degree requirements except the dissertation, I have been employed as a visiting instructor and my employer changed my F1 visa status to H-1B for one year only, which is the actual duration of the contract. After that my school informed me that my SEVIS F1 record has been Terminated. As my contract is now approaching its expiry date, can I apply for an OPT visa instead? 

Mr. Lee answers: 
Optional practical training (OPT) is only allowed for those who are in F-1 status. Unless you are back in F-1 status, there is no authority to allow you to change from your present H-1B to OPT.

3. H-1B Visa Fraud

I had filed my H1B visa through some consultant called iLogic 8:53 pm. My application got picked in lottery but then consultant had to withdraw since he had filed one LCA for 4 applicants 8:54 pm I had paid him 5K dollar, he said if visa doesn’t happen he will return back $3.5K  but now he is refusing. Is there a way where I can get justice?

Mr. Lee answers:
Probably the best suggestion is to initially contact local agencies such as the Better Business Bureau or Consumer Affairs to see whether they can be effective in having your money refunded. There may also be other resources available, such as the immigrant affairs unit of the New York County District Attorney’s Office which attempts to resolve situations for victims of immigration fraud.  Failing that, you could go to local law enforcement and file a complaint against the consultant for fraud if the facts are as you state. 

 

1. How to Add A New Born to a Pending I-130 Petition?

I’m U.S. citizen. My wife’s I-130 is pending in NVC now. We just had a newborn baby in India. I have not been “physically present” in US for 5years – because although I have resided in US for 5 years, I have taken 2months trip each year to India. Now, how do I proceed for my newborn baby’s case? Can I join him to my wife’s petition or do I have to file a new I-130 for him? If a new I-130 is required, what happens if my wife’s case finalized before my son’s case?

Mr. Lee answers:
As you are a US citizen, you filed a non-quota immediate relative petition for your wife which has no allowance for dependents. Your best action at this point is probably to file an I-130 petition for your newborn baby and the two cases can hopefully be joined together at the NVC or at the US consulate or embassy. This is not an uncommon situation, and you or your attorney can slow down your wife’s case in the consular processing stage to allow your newborn baby’s case to join up.

2. US Green Card Holder Imprisoned in Canada. Green Card is Expired And Have Served in Canada. Can He Come Back to US?

I am a Hong Kong citizen with now an expired green card. My family are all U.S. citizens. I have traveled aboard to Canada many years ago, and was wrongfully convicted for a drug related offense. I am nearly finished with my sentence in Canada, and will be deported back to US. I would like know what is going to happen once I am back to U.S.? Would I be allowed to renew my green card, or would I be deported to Hong Kong? Also, would U.S. detente me for a crime which I did not commit in Canada?

Mr. Lee answers:
If you are deported back to the US by Canadian authorities, the US Department of Homeland Security would know and would likely begin proceedings to challenge your right to remain in the US with the green card. Whether or not to detain you would likely be a joint decision of Customs and Border Protection and Immigration and Customs Enforcement.

3. In USA on B1/B2 Visa, How to Stay Permanently?

Approved till Feb. 2017. Citizen of Bosnia & Herzegovina. 33 years old, Male, Master degree in agriculture.

Mr. Lee answers:  
With a Masters degree in agriculture, a likely way to stay permanently may be through the employment based categories which require sponsorship from a US organization. There may also be other options available. I suggest that you make an appointment with a knowledgeable immigration lawyer who can go over all options with you.

 

1. Does My Boyfriend Need a Fiancé Visa If He Has a 10-year Tourist Visa?

My boyfriend and I have known each other since April 2016. He came to visit his best friend in the states in January 2018 and we met. We started dating. He stayed for three weeks. Went back to Jerusalem and he came back to visit me after 30 days. The second time he stayed for two months. He left in April. Then he visited me again in June and stayed for 3 months. He left on September 9th. He has a 10 year tourist visa. From my understanding he can only stay here 6 months total out of the calendar year. Do we have to get a fiancé visa for him to come back so we can get married? Or is it okay if he comes back in a few months and we get married and adjust status. What is the best option?

Mr. Lee answers:
A visitor to the US makes an assertion that he or she only plans to stay here for a visit and then go back to the home country. An individual intent upon marrying when coming to the States is best advised to obtain a K-1 fiancée visa. U.S.C.I.S. discourages individuals from using the tourist visa to get married and adjust status in the US as that is an abuse of the visa.

2. C-1D Illegal Immigrant Wants to Apply Any Visa

I was an illegal immigrant who stayed with C-1d Visa in the USA from Sep 2009-May 2014. I am now in India for the past 4.5 years. Can I apply to USA anytime soon for any visas?

Mr. Lee answers:
If you were in the US under a C-1/D visa for the period of time that you state, you would be barred from reentering the US for 10 years from May 2014. If you have good reason to return to the US on a temporary basis and are eligible for a non-immigrant visa, the US consulate or embassy may allow you to apply for a temporary waiver of the 10 year bar. (If a Canadian citizen, such an application would be made to U.S. Customs and Border Protection). The request for waiver would then be forwarded to The Admissibility Review Office of U.S.C.I.S. which would make the final decision on whether to grant you a waiver. Additionally if you have a basis to immigrate and are at the immigrant visa interview stage, you might be able to seek a waiver of the 10 year bar if you have a spouse or parent who is a US citizen or permanent resident and would experience extreme hardship if the waiver was not granted. The request for waiver would be made to U.S.C.I.S.’s lockbox in Phoenix Arizona, and the expected time to decision would be approximately 12-16 months.

3. G-1 Visa to B-1 Visa

I’m actually on a G-1 visa (my father works in an international organization).  He retired and will no longer be on that status. I would like to change my status. And I’m looking for a college to apply for an LLM/JD program for the January 2019 semester. I wanted to know what I should write on my letter explaining the reasons why I would like to change the status. 

Mr. Lee answers:
B-1 is a business visa and not appropriate in your case. A common reason which individuals in your situation of dependent whose status is ending give is to spend more time taking care of arrangements before having to leave the country.

 

1. I Am From India and I Am Living and Working As Caregiver Since 6 Years in Israel. I Want to Visit to USA for Meet My Younger Brother.

Mr. Lee answers:
If you have been living and working as a caretaker in Israel for six years, you could apply for a B-2 visiting visa from Tel Aviv or the American Embassy consulate in Jerusalem. Visitors visas are given in the discretion of American consular officers and you would have the burden of proof that you do not intend to remain in the US past the time that you are requesting for visiting in the States. The fact that you are a third country national in Israel will be taken into account, but also the fact that you have spent the last six years in the country. Your brother’s presence in the US would be taken as a negative factor if he did not hold legal status. If holding legal status, that would be a good factor as he could also guarantee financial support if capable. Even if he is a US citizen, the fact that he could also sponsor you for permanent residence is not much of a factor since the waiting time (now approximately 13 years) is so long as to almost negate any semblance of immigrant intent.

2. Can F2 Visa Holder Start a Partnership Company As An Investor?

My wife is currently holding F2 visa. We have already filed I-526 petition for our EB-5 program. Her friend who is a green card holder likes to start a partnership company with my wife. To establish the company, my wife’s SSN and ITIN are required. (She had a job during her OPT so she has ITIN). My wife will be a passive investor/owner without operating company and drawing income. Is there any violation which would sabotage our I526 petition or even future I-829 petition? Is there anything else we should pay attention?

Mr. Lee answers:
As long as your wife is a passive investor, there is nothing in the law that prevents your wife from establishing a company in partnership with anyone else. Such an act does not constitute unauthorized employment.

3. I’m On the Process of Getting a Divorce From My Spouse Who Has a Conditional Visa For 2 Years

He wants to use our daughter to have his conditional visa removed. His lawyer is saying that if he has a shared legal custody, he will be able to have his green card. But I don’t want that. He doesn’t care about our daughter when we are still together and all of a sudden, he cares so dang much. I feel like he is using our daughter to only get his green card. He always talk about how soon he can get his permanent card and now I realized that he was all about that.

Mr. Lee answers:
It would be fairly difficult for U.S.C.I.S. to deny your spouse’s removal of the conditional basis of his residence status since you have a common child. U.S.C.I.S. is mainly concerned with whether there was a bona fide marriage and not one done for favor or profit. A child together is strong evidence of a bona fide marriage.

 

1. Came to U. S. As a Student, Have Stopped Studying, And Ask if I Can Apply for Political Asylum Based on My Experiences in China?

I came to the U. S. to study film at a college in California. Because of economic problems with my sponsor, I had to quit my schooling in May 2018. I just got a letter from the school telling me that I am out of status, and will have to leave the U. S. or ask for reinstatement. At this time, can I apply for political asylum based on my background in China in which I was a photographer for a city newspaper, took photographs of people in protest against government corruption which were published, and because of that was beaten and arrested by the local police? I was detained for a week but not charged.

Dear reader,
The U. S. grants political asylum based upon past persecution or well-founded fear of persecution based upon race, religion, nationality, social group, or political opinion. In your case, the reason for which you took the photographs of protest may determine whether your case falls within “political opinion.” If you had no motivation for taking the pictures other than to earn money as a photographer, then you might not qualify. Otherwise it would appear that your case has merit. Whether it can be approved on the basis of past persecution depends upon the severity of the beating and imprisonment. Because of the fact that it has been 3-4 months since you quit your studies, I suggest that (if you are qualified based on the above) you apply as quickly as possible. For persons who held legal status in the States, U.S.C.I.S. expects an asylum application to be filed within a “reasonable period of time” after the ending of the status. 6 months is considered the outward limit of reasonableness with some immigration officers believing that 6 months is already too late, and so we believe that the earlier the better in your case.

1. What Are the Steps to Legalize My Spouse?

I am a US citizen and my husband is here illegally and did not enter with visa.  We have a two month old baby together.  He has no criminal background not even a citation and has paid his taxes every year and has worked with his legal name.  What are the steps I need to take for him to become a US resident? Is it possible for me to apply by myself for him? Due to economic reason, I cannot pay a lawyer.  

Mr. Lee answers:
If your husband entered the US on a parole status instead of a visa, you could possible work to adjust his status to permanent residence n the US without leaving.  The major forms that you would be dealing with would be the I-130 relative petition and the I-485 adjustment of status application.  If he entered the country illegally without being paroled, does not qualify under section 245(i) as having been the beneficiary of a labor certification application or immigrant visa petition by April 30, 2001 and being physically present in the US on December 21, 2000, you may think of processing under the I-601A program which allows an advance waiver of the penalty for being illegal in the US for a period of time.  The relevant forms for that would be the I-130 relative petition, and after that is approved, the I-601A application form for a provisional waiver.  If approved, your husband would ultimately complete his case at the American consulate or embassy in his home country, but if everything else is okay, he would be allowed to come back with an immigrant visa right after the interview.  For further information you can check out the USCIS website at uscis.gov.

2. What Is The Best Option for a Legal Permanent Resident to Get the Spouse From a Foreign Country?

Other than petition, what would be the fastest and easiest way for an LPR to get the spouse from foreign country, Philippines and how long will it take?

Mr. Lee answers
The best way would be for the LPR to become a US citizen and to petition under that category. Failing that, some other options could be through the immigration investor EB-5 program if your spouse has the wherewithal to invest, or he might qualify for a working category with dual intent such as H-1B specialized worker or L-1 intracompany transferee. Also if your spouse is an extraordinary alien in a specific field, he may be able to qualify under an O-1 nonimmigrant visa or EB-1A immigrant visa.

3. Which Eligibility Category Exactly Am I Under If My Visa Expired and Then I Got Married While Being Out of Status?

Mr. Lee answers:
You are illegal when your visa status expires. If you are married to an undocumented immigrant or green card holder, your status would still be illegal. In the event that you marry a US citizen, and you file for an I-485 adjustment of status application, you would be in a U.S.C.I.S. state of grace while the adjudication is ongoing.

 

1. H-1B or L-1 and Then Green Card?

I have a 3 year degree in accounting, and have been the accounting controller in our family business in Taiwan (35 people in company and $3 million USD in sales) and want to be in the U. S. under H-1B or L-1 status with the ultimate goal of getting the green card. The company has a subsidiary in Canada with 10 employees and will start up a new company in the U. S. with me at the helm, initial capitalization of $100,000, and the initial plan in the first year is for the company to have 3 people including myself and U. S. sales of $750,000. What is the best approach?

Dear reader,
H-1B visas for private companies are capped in number and applications are only accepted at the beginning of April. The employment would have to be for a specialty occupation. A good time to start the case is in January.  2 possible problems are that you do not have a four-year baccalaureate degree in accounting and that the new company that you are starting would seem to be quite small to have the need for an accounting professional or manager. A startup L-1 is possibly a better option, but would have to include a solid business plan as to how the company plans to expand within the next year. Assuming that the visa is approved, U.S.C.I.S. would only give a period of one year, and the U. S. company would have to apply for an extension of your status by showing its growth after the first year. Assuming that it grows well, it could then sponsor you for permanent residence under the EB-1C multinational executive or manager category if you were transferred to the U. S. in an executive or managerial capacity. This is a fairly quick route to immigration and can usually be accomplished within 1-2 years after the EB-1C application is submitted. Please note that if the company does not grow, U.S.C.I.S. may have problems in granting you an extension for permanent residence. If you and your Taiwan company see possible problems with growing a small company in the U. S., you may wish to rethink your plans and attempt to acquire an existing company with employees and sales. Such could pave the way for easier entry under both L-1 and green card.

2. I-601A

I sneaked into the United States in 1995, applied for political asylum in 1996, lost and was ordered deported in 1998. My mother came to the U. S. in 2006, applied for me in January 2007, and became a U. S. citizen in 2010. I got married in 2016, my wife has the green card, and we have 3 children – 3, 4, and 7 years old. She has tried twice to become a citizen, but cannot pass the English test. How can I get my green card?

Dear reader,
Under the expansion to the I-601A program, you may be able to ultimately immigrate to the U. S. For you to do that, you can probably use your mother’s petition for you as the base. For the month of June 2018, the available date for the F-3 category of married sons and daughters of U. S. citizens is up to 3/15/06, and so the time for visa availability is probably between 1-2 years. In the meantime, you can file an I-212 conditional application for permission to reapply for admission into the U. S. after deportation or removal with the local U.S.C.I.S. field office. Such application would look at your immigration record, any criminal record, and all of your equities. Assuming that such is approved, you would then file for an I-601A application for provisional unlawful presence waiver with U.S.C.I.S. in which the standard for adjudication is whether there would be extreme hardship to a U. S. citizen or permanent resident spouse or parent if the waiver was not approved. If both the I-212 and I-601A applications are approved, you could then complete consular processing and return overseas to the home consulate or embassy, where you would likely have a normal immigrant visa interview and be able to return to the U. S. with an immigrant visa.

1. U. S. Citizen with Overseas Business Wants to Sponsor Mother for Permanent Residence – Problems?

I became a U. S. citizen in 1996 and have spent most of the last 10 years in Taiwan conducting a successful professional business. My mother (80 years old) now wants to immigrate to the U. S. to join my brother and sister. Our father passed away 5 years ago. My brother and sister only have green cards, and so I would have to be the one to petition. Can I do that without problems?

Dear reader,
There are no confines on the length of time that a U. S. citizen can be outside the United States. That being said, the immigration laws do require that you demonstrate domicile in the U. S. at the time that your mother will be interviewing for permanent residence. The demonstration of domicile is one of the requirements of the I-864 affidavit of support form that you would have to fill out. In discussing the notion of domicile, the State Department believes that the I-864 can be accepted if the petitioner satisfies the Department of State officer by a preponderance of the evidence that he or she will establish a domicile in the U. S. on or before the date of the intending immigrant’s admission and the Foreign Affairs Manual (FAM) gives examples such as opening a U. S. bank account, transferring funds to the U. S., making investments in the U. S., seeking employment in the U. S., registering children in U. S. schools, and voting in a U. S. election.

2. Just Got Green Card From Marriage, Want to Sponsor 20-year-old Son in U. S., But Any Problems With His F-1 Visa?

I married a U. S. citizen who applied for me and I just got my conditional green card. My son was over the age of 18 at the time that we got married, and so he could not be included. He is 20 years old, and studying in the U. S. at Princeton University. He is afraid that if I file the petition for him, he will have a problem in traveling in and out of the U. S. in the future. Is that true? If so, what can we do? His visa is good until 2019.

Dear reader,
An F-1 student should have nonimmigrant intent, and the filing of an I-130 petition can be taken as an indication that your son does not have that requisite intent. At the present time, he could likely travel in and out easily until the expiration of the visa even if you file an immigrant petition for him. The difficulty may come up if he decides that he wishes to renew the visa in 2019 (please note that he does not necessarily have to have the visa renewed to remain legally in the U. S as the visa only controls travel in and out of the States and he is legal as long as he maintains a valid I-20 and keeps up his full-time schooling). At that point, he would have to disclose that an immigrant visa petition has already been filed on his behalf. Depending on the consular officer, he or she may or may not issue the visa. Arguments on the side of issuance are that your petition for him would take a number of years before your son could immigrate and that your son’s studies would end long before the immigrant visa is available. If you decide to do that, the I-130 petition should be marked for consular processing instead of for adjustment of status to emphasize that point. Another alternative is that you can leave it to your son to find another way to immigrate in the future as many F-1 students ultimately remain in the States through employment immigration or marriage. The difficulty there is that a failure by your son to find a sponsoring employer or life partner can ultimately waste more years during which his immigration petition through you could be moving forward. So unfortunately, there is no bright line choice, and you and he will both have to assess the possible risks and rewards of your future actions.

3. Came as K-1 Fiancé, Did not Marry, Now Married to Another U. S. Citizen with 2 Children – Can I Adjust Status to Permanent Residence Through My Wife’s Petition?

I entered the U. S. in 2002 under a K-1 fiancé visa, stayed with her and her family for about 6 months, but we never married like we were supposed to. We had arguments and she always threatened to send me back. We split up after 6 months, and I got into a relationship with someone else in 2010, got married in 2011, and we have 2 children ages 5 and 6. Can my wife do something for me to adjust my status to permanent residence since we have a marriage they can be proven as real?

Dear reader,
The law does not allow adjustment of status where an individual entered the U. S. under a K-1 and never married the petitioner. Your wife could apply for an I-130 Petition for Alien Relative for you, have that approved, and you could return to your home country for an immigrant visa interview with 2 obstacles – you would have to convince the American consular officer that you did not engage in fraud or misrepresentation when you entered the country under the K-1 visa, and you would have to ultimately file an I-601 waiver application for the ground of excludability of being in the country unlawfully for a year which carries a 10 year bar. If the waiver is approved, you would be able to return as a permanent resident.  Assuming that all goes well, please note that the period of time that you would be outside the U. S. would be approximately 9 months-one year.  Alternatively, you could do nothing and if caught by ICE, you could apply for cancellation of removal (the 10 year green card) before the immigration court. You would have to prove 10 years residence in the U. S., good moral character, and that your removal would cause exceptional and extremely unusual hardship to your wife and children. Please note that cancellation of removal is only available when you are before the immigration court, and is not an application that you can give to U.S.C.I.S.  Because of the difficulty of having cases placed in proceedings affirmatively before the immigration court, some lawyers and consultants have resorted to filing political asylum applications with or without the knowledge of their immigrant clients to get their cases for cancellation of removal before the court, a practice frowned upon especially where the asylum case has little merit.

4. Problem with the In-laws and We Got Divorced – Can I Still Get My Permanent Green Card?

I came into the country in 2014 as an F-1 student, maintained my status, and married my husband in 2016. We applied for my green card and I got a conditional green card in January 2017. We were living in Ohio since we both went to school at the same university there, but after graduation in June for both of us, he wanted us to move back to California to be with his parents. His parents and me do not get along, and so my husband and I argued a lot, and got divorced in November 2017. I have kept all of our documents. Can I still get a permanent green card at this time?

Dear reader,
The law allows conditional permanent residents to obtain permanent status if they are able to prove that they had a bona fide marriage at the inception. In your case, you say that you have kept all of the documents, and that would be very much of a help to prove that you did have a bona fide marriage. As you are now divorced, you do not have to wait to file within the 90 days before the 2nd anniversary of your obtaining conditional residence. If you wish, you can file for removal of the conditions on your residence status (form I-751) at this time with all proof of the bona fide relationship.

1. If My Boyfriend Was Almost Killed in His Country Can He Get Asylum Even Know He’s in Jail For Illegal Entry Twice

My boyfriend was here once before got sent back but almost got killed when he got better he fled and got on federal probation while we lived got raided they charged him with illegal entry for the second time.  But he can’t go back they will kill him and I also gave some info to help catch somebody and worked with an officer to get my boyfriend good help and probation was happy and everything do you think know he’s got a chance.

Mr. Lee answers:
If your boyfriend has the probability of being persecuted in the home country, he may be able to stay here in the country even though he may have had a prior order of removal. When DHS attempts to reinstate the prior order of removal, he can still make an application for withholding of removal or withholding under the Convention against Torture in which he will have the burden of proof of showing that it is more likely than not that he would be persecuted. The immigration judge in most instances withholds action on the case while DHS sets up a reasonable fear interview. Assuming that he passes that, he would have his day in court to apply for withholding of removal.

2. My NVC Case Preference Category Was Changed From F-2B to F-1

My question is can I ask to keep my case at F-2B? What I can do in this case?

Mr. Lee answers:
To keep your case preference F-2B, you would have to have the assent of U.S.C.I.S. and communicate back with the Service center which approved the I-130 petition. There is no set procedure for doing such, and so it may take quite some time before U.S.C.I.S. confirms that you may keep your F-2B visa classification.

3. U.S. Citizen Wants to Apply Green Card for His Wife While Both Living Abroad

I have two question regarding my sister immigration status. She and her husband are living in Iran now, and his husband is a US citizen an wants to apply green card for her. My first question is: 1) Since his husband does not have bank account in US now, can she list me as her financial supporter in her application? (I am living in US on H-1B visa) 2) is it required that his husband proves that he intends to live in US? If it’s needed how he can support his intention? 

Mr. Lee answers
Unfortunately you cannot be a financial supporter in an immigrant visa case. A cosponsor can either be a permanent resident or US citizen. At the time that the wife will be interviewing at the US Embassy for the green card, the husband will have to prove domicile in the US. Domicile can be shown in a variety of ways, such as possession of a US home, US job offer, US bank accounts, a recent pattern of voting in the US, etc.

 

1. Family Sponsored Immigration Visa

I am a US Citizen and in 2007 I completed the application process to sponsor my brother to come to the USA. As of now, we are not sure what the status is. We have both called the NVC and they cannot provide an answer as to why it is taking so long, if there is an issue or provide an estimate of when the visa will be provided. What other options exist for us at this point because at this rate it may about 25 years for this visa to be processed.

Mr. Lee answers:
The status of your case appears to be that the 1-130 petition has already been approved and your brother is waiting for the priority date of 2007 to become available before he can immigrate. Currently the process is taking approximately 13 years for persons born in most countries of the world except for India, Mexico and the Philippines which takes longer. As your brother has already invested 10+ years in the process, he probably needs to only wait another 3 years or so to immigrate if from any country other than those three. If he has good education or working skills, he may be a candidate for employment-based immigration. If he has much monies, he could conceivably look at the US immigrant investor scheme to immigrate. For those options, he or you may wish to consult an immigration attorney for details.

2. Come Into U.S. Illegal What Is The Option to Get a Green Card

I came here by Porto Rico I am on paroled, I am married now my wife filed for me so now what to do with the other case they gave me an I-94.

Mr. Lee answers:
It is unclear what you mean by reference to “the other case.” If there are complications, you should of course consult with a knowledgeable immigration attorney. The below advice pertains to a situation in which an individual was paroled into the country without further complications such as removal or exclusion proceedings. If you were paroled into the US and are now married to a US citizen spouse who has already filed for you, you may be able to adjust your status to permanent residence without leaving the country as the immigration laws allow adjustment of status to those who are either inspected and admitted or paroled into the country. If your spouse has a green card, you may decide to wait until she becomes a US citizen. If unable, impractical, or unwilling to become a US citizen, you and she may decide to explore the Administrations I- 601A program under which persons who are barred by their unlawful presence in the US may be able to obtain a provisional waiver of the 3 or 10 year bar, and complete their immigration by interviewing for an immigrant visa at the US home consulate or embassy. The waiver would be based upon extreme hardship to your wife If you are not able to remain with her in the US.

3. In Removal Proceedings

I am currently in removal proceedings and would like to inquire whether I can obtain a driver’s license. I have an approved I-130.  Can I obtain a driver license with the I-130 and my passport?  I have a proof of address.

Mr. Lee answers:
Most Department Of Motor Vehicles require an employment authorization card and social security number.  There is no right to obtain employment authorization from the Department of Homeland Security by virtue of just being in removal proceedings with an approved I-130.  If you have some other relief available such as an I-485 adjustment of status application pending with the I-130, you would be able to obtain employment authorization, obtain a Social Security card, and thus be able to show such to the local DMV to obtain a drivers license.  Otherwise the issuance of driver licenses is up to the discretion of each state, and there are a number that give driver’s licenses to undocumented immigrants.  Your state, Georgia, does not.