Category: Q&A

1. B1/B2 Visa – Legal to Work?

Is it legal to work if you have a B1/B2 Visa? If not, is there any legal way to work around it, such as creating a business where a US citizen is identified as the owner and/or manager and/or officer, you’re listed as a manager or investor, and you/your family (also with B1/B2 Visas) actually do all or almost all of the work and management of the business, list your apartment as the business address, and use the profits from the business to support yourself and your family? The business does have a tax id and pays taxes. If not, what are the possible consequences if you’ve been doing this for many years?

Mr. Lee answers:
It is not legal to work in the U. S. under B-1/B2 visa status under the conditions that you have described. While someone holding B status may be a passive investor, that does not appear to be your situation. Possible consequences are that you are in violation of your immigration status and removable. 

2. Can I Get Married Before My Consulate Interview?

My mother filed for me and my visa was approved but I have an interview on August 2 in my country.  I’m engaged to be married in November do I leave or get married before I leave the USA?

Mr. Lee answers:
You should not be married before you leave the country unless your fiancee is a US citizen and can sponsor you for the green card. Your mother is either filing for you under immediate relative status as a child under the age of 21 and unmarried, F-1 category as unmarried son or daughter over the age of 21 of a U. S. citizen, F-2A category as the child under the age of 21 and unmarried of a lawful permanent resident (LPR), or F-2B category as the son or daughter over the age of 21 and unmarried of an LPR. Getting married prior to receiving permanent residence would adversely affect any of the above petitions.

3. K-1 Visa

I am a long time resident of the USA. My fiancee is in the Philippines.  Is it best to get my citizenship to sponsor her for visa or go there and marry her to bring her to the States? I am trying to bring her here as soon as possible and I need to pay some old tickets.

Mr. Lee answers:
If you become a U. S. citizen, you can choose to sponsor your significant other under K-1 fiancée visa status assuming that you have met each other within the past 2 years, or as your spouse if you go to the Philippines and marry her. That choice is up to you. If you have outstanding traffic tickets, you should settle them by the time of your interview for citizenship. 

 

1. Regular EAD and Green Card

I applied for I-485 Adjust of Status. My I-140 got approved based on EB1A. I have also applied for EAD and AP. I am expecting that in few weeks I will be losing by job. when I get the EAD with advance parole, can I go back to my home country and return say after 2 months. Will it cause problems. Assuming if I get the green card when I am india. Can I ask my friend to send the green card by post. Can I enter US with my green card?.

Mr. Lee answers:
I assume that your EB-1A had you both as the petitioner and beneficiary and not your company. In such circumstance, I see no problem with your leaving the U. S. on advance parole. If the green card is issued during the time that you are overseas, you can have your friend send it to you, and you can reenter the U. S. on the basis of the card.

2. Have Both H-1B & B1/B2 visas, Safe to Enter as Visitor?

I’ve been in US on H1B for a few years. A few years ago, I moved back to home country. I happened to get B1/B2 visa and travelled for business. A few months ago, got cap-exempt H1B stamped based on my earlier H1B. Since this stamping was done, I haven’t travelled to US. The end client contract through which I got this H1B is no more valid. So, I was told that I can travel on this H1B only if I have a new I-797, obtained through H1B petition approval with a new end client contract. I would like to travel to US as a visitor. Is it risky? Is it risky only if I apply for change of status later?

Mr. Lee answers:
It would likely be safe for you to enter as a visitor although you may have to explain to a Customs and Border Protection (CBP) officer why you are also holding an H1B visa. As long as you can convincingly explain the B1/B2 purpose of your trip, you should be allowed to enter. If you are here and manage to find another organization that can sponsor you for H-1B status, you could possibly apply for a change of status (although a request close to the time of your entry could raise questions concerning your actual intent when you entered) or leave the US and reenter on the basis of a newly approved H-1B petition. As you already have an H1B visa in the passport, you would not have to go through the stamping process again. 

3. What Documents Should A Divorced Green Card Holder Has Traveling From the USA to The Home Country and Back to the USA?

I am newly Divorced & have not started my maiden name change yet?  Every time I reenter the US at Chicago airport they detain me for 1 to 5 hours. I had to have them call my Husband back then. My green card is current and identification is with his last name still. I need to see my father, his health is failing. I don’t have time to make all the name changes before the trip.

Mr. Lee answers:
Keeping the husband’s name although divorced is a common practice. I do not see why having your husband’s last name would cause you to be placed in secondary inspection at Chicago. Perhaps you would have a different result in entering through another port of entry.

 

1. Can I Cancel My I-765 Application for Replacement of OPT EAD Card, If I Got My Old Card Back?

I had lost my OPT EAD card recently and I got it back today. However I had sent new I-765 application for replacement card. So can I cancel my new application for replacement card?

Mr. Lee answers:
Yes, you can cancel your new application when you receive the receipt of filing. That will give you a case number with which you can correspond with U.S.C.I.S. I do note, however, that U.S.C.I.S. will not return your filing fee.

2. How Do We Resubmit a Green Card Application (Through Marriage) After Receiving a Rejection Letter Because One of the Checks Had an Incorrect Date?

My husband (US citizen) and I submitted our green card application about a month ago. We just receive a rejection notice because one of the checks had an incorrect date. How do we proceed with the resubmission? Our documents were returned in a random order, stapled together. Out photo album is missing and the medical examination folder is bent in a zip lock bag. Should we resent everything as it is with a corrected check and a cover letter? What about the missing items? Should we send a new application starting from scratch?

Mr. Lee answers:
You should resend everything with the correct the check and cover letter, and put the rejection letter on top so that the U.S.C.I.S. cashier can see that you are responding to a rejected application. The file should be coordinated with the missing items by U.S.C.I.S. when you send everything back.

3. Can I Directly Apply for U.S. Passport?

I was born out of wedlock, my mom married a citizen so she became naturalized when i was 14,i got my green card at 15 and came here in US. im 24 now.. can i derive my citizenship from my mom and directly apply for a US passport? if so, what are the requirements?

Mr. Lee answers:
The Child Citizenship Act took effect on 2/27/01 and would apply to you if you were under 18 on the date. If so, you would appear to fit the requirements for automatic citizenship as long as you were in the legal and physical custody of your mother when you came to the U. S. That provision allows persons to become citizens automatically if the parent is a U. S. citizen, the child is under 18 and a permanent resident, and in the legal and physical custody of the U. S. citizen parent. To apply, you would fill out a passport application and present it to an authorized passport acceptance facility. You should present the naturalization certificate of your mother, your birth certificate, proof of your admission for permanent residence, and that you resided with your mother when you entered the U. S.

 

1. I Got Letter From Selective Service System But I Am on F1 Visa

I just applied to DMV and get learning permit. but suddenly i got the letter from Selective service system regarding already registered and it has my Selective Service Number also.

Mr. Lee answers:
You can and should write to Selective Service informing the agency that you are a current F-1 visa holder. The registration should be canceled as non-immigrants holding current legal status are not amenable to being registered under the system.

2. If I Helped My Church Members to Fill Up I-589 Form and Signed My Name on Form, Does It Affect My Apply of Asylum Later On?

We’re believers of underground Church in China, because of persecution of government, we’ve fled here. So, I would like to have your advise on some questions I have.

Mr. Lee answers:
If the I-589 form is correct and true, there is nothing to worry about either on the criminal law side or immigration law side. However, if you have knowingly participated in fraud, such acts in helping to prepare I-589 forms and signing your name could be held against you on both sides. 

3. American Living Abroad

I’m a USC by birth I came to Dominican Republic to be with my fiancé (now husband) we are now pregnant and have decided to return back to America for our baby. We had an apartment a few months back but we are at his parents house and I pay money to his mom to help out with food or whatever. So I’m looking at the application for the I-130 and the part where we must provide documents that we comingle (live together) is a little difficult since we don’t own the house or have a lease agreement. Would a letter from her be excepted in this case. I’ve called the embassy and explain my situation and I am able to dcf(direct consular file) I have plenty of messages between us , pictures, and letters from my family knowing about relationship and marriage. That’s the only thing I’m stuck on can you please advise me. Also since our child isn’t born yet we don’t have the birth certificate which would help but we want our child to be born in America not here.

Mr. Lee answers:
The crux of a marriage green card case is whether there is a bona fide marriage in which the spouses are living together. In your case, just the fact that you are an American living with your fiancé now husband in a foreign country is a strong piece of evidence that your marriage is bona fide. If you are already pregnant, you can obtain a letter from your doctor giving your expected date of delivery and any facts that he or she may know concerning whether your husband has been present during your examinations.

 

1. Asylum Appeal Denied

I recently was denied an asylum appeal by the board of immigration and at the same my citizen sister applied for I 130 back in 2005 and was approved in 2009 but I am waiting for the visa number I am scared of being picked up anytime and deported.

Mr. Lee answers:
With a final order against you, you are barred for 10 years from the U. S. once you leave. You would not be allowed to adjust status under your sister’s petition when it becomes current for your 2005 dates as you have the final order of removal. Even without the final order, U.S.C.I.S. would not allow you to adjust status in most occasions unless you have the benefit of section 245(i), under which you would have had to file an immigration visa petition or labor certification by April 30, 2001 and be physically present in the country on December 21, 2000. You may have an opportunity to file for advance permission to return (I-212) & waiver of illegal stay (I-601A) while in the U.S., if you have a qualifying relative – USC or LPR parent or spouse who would suffer extreme hardship if you were permanently barred.  Note, however, that the I-601A only waivers the ground of illegal stay and not other basis like crimes or fraud.  

2. Consulate Interview

I’m a green card holder since 2015 and would like to know what is the process to bring my parents and brother to live in USA with me. My parents turn 65 yrs this year and my brother will turn 36. I’m single and they live in Mexico.

Mr. Lee answers:
You would have to be a U. S. citizen to assist your parents and your brother to permanently immigrate to the U. S.  You would file I-130 petitions for alien relative for all of them at the Chicago lockbox of U.S.C.I.S. when you become a citizen. Based upon today’s situation, processing for your parents would take approximately one year and your brother 11-12 years. If your brother has alternate ways of immigration, he may wish to explore those in light of the long period of time that it will take him to immigrate. 

3. How can I have my parents and sibling to come to USA?

I became a citizen but my parents and siblings had a case in 2010 which was refused? My siblings were under 18 so it was one case. Now I wonder if I can separate them and one of them are married. Please if you can help me asap since they are in danger.

Mr. Lee answers:
The danger or risk of being refused again depends upon over the grounds of refusal in 2010. If the refusal was based on fraud or misrepresentation, that might be a cause of concern again. If the siblings were under 16 at the time of the refusal, they would most likely not be penalized by the sins of the parents. In order to file for parents and siblings, you would have to file separate petitions for all of them. The fact that one of your siblings is married has no effect upon a sibling petition.

 

1. From China, Should I and the Company Pick EB-2 or EB-3 Now That My Labor Certification Is Approved?

I am working for my company under H-1B visa, and it sponsored me for the green card. The labor certification application was put into the Department of Labor in April, we have the labor certification approved, and we will be filing the I-140 petition soon. The requirements for my position were a Masters degree and 2 years of experience. I am from China, which has a backlog in both the EB-2 and EB-3 classes. Should I and the company tell the lawyer to file me under EB-2 or EB-3 category?

Dear reader,

There is no clear answer as no one can say with certainty that he or she knows what will happen with the categories in terms of speed in reaching your priority date. For the month of October 2017, EB-2 availability dates for China-born were prior to 5/22/13 for those who filed labor certification applications and prior to 1/1/14 for those filing under EB-3. However, the speediest today may not necessarily be the speediest 2 or 3 years from now. As the requirements on your labor certification application were amenable to either classification, you and your company can pick whichever one you both want to file for at this time, and perhaps file another I-140 under the other category later on if it becomes apparent that the other category is the faster one. You and the company can also choose to file under both categories at this time and obtain approvals under both EB-2 and EB-3 categories, thereby avoiding any extra work in this regard the future.

2. What is Happening to My Petition Case for My Brother?

I filed an I-130 petition for my brother in China in June 2010 and it was approved in July 2011. Since that time, I have not heard anything from Immigration. Is this normal? How can I find out what is going on with my case?

Dear reader,
When an I-130 petition is approved by U.S.C.I.S. for an individual who is overseas, the approved petition is sent to the National Visa Center (NVC) in Portsmouth, New Hampshire, which houses immigrant visa petitions until the time that the priority date is close to becoming current at which time it will ask for documents and fees from the petitioner and overseas applicant. Usually the NVC will send a letter or email to the applicant notifying him or her that it has the case and of the case number assigned to it. Assuming that neither you nor your brother received such a communication, you can still check on the case by calling the NVC, giving required information, and requesting the case number. The NVC can be reached telephonically at 603-334-0700. Its customer service representative hours are from Monday through Friday, 7 AM to midnight Eastern time.

3. What Problems Can I Have With Entering the U. S. If I Have Been Approved For I-140 Petition and I Have a F-1 Student Visa?

I am an F-1 graduate student and my institute has sponsored my labor certification and I-140 petition, which of which are now approved. As I know, the I-140 approval means that I want to immigrate to the United States, which goes against my F-1 visa which requires that I have a non-immigrant intent. Will I have problems with Immigration when I reenter if I take trips outside the United States?

Dear reader,
You would certainly be better off if you did not take trips outside the United States when the I-140 petition is already been approved. There is a risk with U.S. Customs and Border Protection at the port of entry for the reasons you have just noted. But if you must travel, you should tell the truth about the I-140 approved petition if asked. Lying to a CBP officer could make you subject to a charge of inadmissibility which would impact upon your ability to immigrate to this country. I note that the Department of State has recently toughened its attitude on issuing F-1 visas where individuals cannot convince a consular officer that they intend to return to the home country after the F-1 studies are over. So if you must obtain a new visa from a U. S. consulate or embassy prior to returning to the U. S., your chances of having a difficult time are now enhanced, and a trip abroad cannot be recommended.

4. What to Do If I Want to Quit My H-1B Job?

I have an H-1B visa for a job that I do not like and would like to quit. Can you tell me my options? My husband is an F-1 student.

Dear reader,
U.S.C.I.S. currently allows a grace period of 60 days for you to find another H-1B position and file for an H-1B transfer. You may explore that route if you are interested in still working in the U. S. in the near future. Otherwise as long as your husband is maintaining F-1 student status, you can make an application to change status to F-2 dependent. You would not have authority to work once the F-2 change of status is approved. Between the time of filing and approval, you would still be authorized to work for your H-1B employer as long as it has not yet terminated your employment if you are of the mind to do so.

1. Do I Have to Go to My Country to Get My Residence?

I been here for 16 yrs no criminal record I came here illegal.

Mr. Lee answers:
Generally speaking, an individual who is here for 16 years without more would have to go to his or her home country to obtain permanent residence. There are exceptions, such as those who are granted political asylum or who have the benefit of section 245(i), under which individuals who had a labor certification or immigrant visa petition filed by April 30, 2001, and are able to prove physical residence on December 21, 2000, are allowed to adjust status upon the payment of a fine amount of $1000 if they have a basis to immigrate. Persons here 10 years with good moral character may be allowed to stay through cancellation of removal, but would have to prove exceptional and extremely unusual hardship to a U. S. citizen or permanent resident spouse, parent, or child under the age of 21 and unmarried. That application is done before an immigration court and not U.S.C.I.S., which usually means that failure results in an order of removal. I note that a return to the home country where an individual has a basis to immigrate usually involves a 10 year bar against return, and the applicant would have to obtain a waiver of the bar to safely return. Such would involve the filing of an I-601 waiver of excludability after being rejected for the immigrant visa, or an advance filing of a provisional I-601A prior to consular processing for those who are eligible for it. The standard of both I-601 and I-601A waivers is the establishment of extreme hardship to the qualifying family member who must be a US citizen or LPR spouse or parent. As I-601A allows the individual’s application to be processed while waiting in the U.S., but an I-601A only waives the ground of being illegal in the U.S., not fraud or crimes, etc.

2. How Can I Change My Records at USCIS?

I want to add my wife and children to my status of permanent resident before applying for citizenship? I didn’t list them when applying for green card.

Mr. Lee answers:
The question is why you did not add them at the time that you were applying for the green card. If it had something to do with the way that you immigrated and would contradict the category under which you were eligible, such adding on might result in the revocation of your permanent residence. If not relevant to your immigration, you can add them onto the N-400 application for citizenship and explain the situation to the immigration examiner at your naturalization interview. Dependent upon whether you intended fraud or misrepresentation at the time that you applied for your immigration, you can answer in the affirmative or not on that question in the naturalization application. An affirmative answer could impact your permanent residence.

3. I Am in B-1/B-2 Visa Status, How Can I Change to The Other Visa?

Mr. Lee answers:
You would have to have an alternate status to which you could change in order to ask U.S.C.I.S. for a status change. Such would be requested on form I-539 application to change/extend status in the U. S. 

1. What Forms Do I Need to File to Bring My Wife to America?

I met my girlfriend in American while attending the same University. She was an international student from Mexico. I am an American citizen. We plan to marry in Mexico and bring her to America to eventually apply for a green card.

Mr. Lee answers:
If you marry in Mexico, you could take steps to bring her to the U. S. by filing form I-130 petition for alien relative with U.S.C.I.S. If you are holding legal status in Mexico, you may have the choice of whether to file with U.S.C.I.S. in Mexico instead of the Chicago lockbox of U.S.C.I.S. The agency has offices in Mexico City, Ciudad Juarez, and Monterrey. The reason for which individuals may wish to file at U.S.C.I.S. offices overseas is the usually shorter period of waiting for the spouse to immigrate. 

2. Family Based Green Card

I’m a green card holder since 2015 and would like to know what is the process to bring my parents and brother to live in USA with me. My parents turn 65 yrs this year and my brother will turn 36. I’m single and they live in Mexico.

Mr. Lee answers:
You would have to be a U. S. citizen to assist your parents and your brother to permanently immigrate to the U. S.  You would file I-130 petitions for alien relative for all of them at the Chicago lockbox of U.S.C.I.S. when you become a citizen. Based upon today’s situation, processing for your parents would take approximately one year and your brother 11-12 years. If your brother has alternate ways of immigration, he may wish to explore those in light of the long period of time that it will take him to immigrate. 

3. I Want to Bring a Young Man From Overseas to America for My Business.

I need to know the process and how to fill out the paper work correctly. Can you help?

Mr. Lee answers:
The process would depend upon the qualifications of the young man, your business, and your aims. He may be eligible for a nonimmigrant visa or permanent green card depending upon the above. You should seek a consultation with an immigration lawyer to go over the options. 

1. What Can Be Done to Reverse a Deportation?

My brother was refuse entry today and is being processed for deportation for no apparent reason what can be done?

Mr. Lee answers:
If your brother believes that his summary removal at the port of entry was wrong, he could write to the port director asking that the removal order be rescinded. Otherwise he would have to file a waiver of the removal and have it approved (form I-212) before coming back to this country.

2. How Do You Start Employment Base Immigration Process?

I need a lawyer close to me to start legal work and help me with the paper work. He is very intelligent young man and wants to come over and work for my small business.

Mr. Lee answers:
Starting with a lawyer who is conversant with immigration law is a good place to start. The proximity of a lawyer to you in an employment based case is usually not very relevant. Most applications are remotely processed and not handled by the local field offices of U.S.C.I.S. except for green card interview, which usually occurs after the I-140 immigrant petition is approved at a USCIS regional Service Center. Nonimmigrant work cases are taken care of by one of the regional service centers of Immigration and permanent labor certification cases are for the most part e-filed and adjudicated by the Department of Labor in Atlanta. So pick a lawyer in whom you have some confidence regardless of the physical distance in miles between you. 

3. L-2 Extension

Both my L2 Visa & I-94 is valid till 1/2019 And L2-EAD is valid till 3/2018 Spouse’s L1 Visa validity is till 5/2018 And I-94 till 6/2018 (L1 & L2 are yet to apply for extension soon) Please do advise on applying for L2-EAD extension, Can I apply for L2-EAD extension now or should I wait for extended L1 & L2 Visas to come. is there Premium/expedite process available? Please guide me with available options, how to do.

Mr. Lee answers:
Your EAD is dependent upon your husband’s status. If his date is limited to June 2018, and a trip outside the U. S. and reentry would not further extend his date to January 2019, any EAD extension that you would do at this time would be limited to June 2018. Your husband and you can apply for L-1/L-2 extensions if the ending date of the I-797 approval is within 6 months of being reached. Premium processing on L-1 extensions is allowed although not on the I-539/EAD applications. If such are filed together, however, there is a possibility that the L-2/EAD may also be expedited under premium processing. 

1. How Long Will It Take to Fix My Boyfriend Papers After We Get Married?

My boyfriend currently has a social security unity issued by the dream act, he entered the United States when he was younger, doesn’t remember how he entered. We plan on getting married and was wondering how long the process would take for him to become a resident. I am a U.S citizen and get has a clean record.

Mr. Lee answers:
In order to adjust status to permanent residence in the US without leaving based upon marriage to a US citizen, he would have the burden of proof to show that he entered the country legally. If he is able to do so, he would likely have an interview with U.S.C.I.S. within 10-11 months after filing. Without legal entry, your boyfriend/future husband would have a more difficult route involving consular processing and the filing of a provisional I-601A waiver application after the approval of an I-130 petition for alien relative. The waiver application is based upon establishing extreme hardship to you if he could not return. Your husband would stay in the US during the time of the filing and adjudication of the waiver, and if approved, complete his consular processing in his homeland. Such processing would take between one and a half year to two years.

2. What Do I Need to Do to Become a Permanent Residence of This Country?

My wife who is a US citizen abandoned me before our interview on USCIS for my adjustment of status (to become a lawful permanent residence). It’s been 5 years that I haven’t heard anything from her. Does filing a divorce will help me reapply or appeal for my case. What do I need to do so I can be a permanent residence of this country?

Mr. Lee answers:
In your situation, it does not appear that you will be able to gain permanent residence through any relationship with your wife. I suggest that you look for other options. A good beginning point is to seek a formal consultation with a knowledgeable immigration lawyer. 

3. Adopt a Foreign National

I am a United States citizen by birth. If I adopt a foreign national, does that automatically give the adoptee citizenship in the United States?

Mr. Lee answers:
In adopting a foreign national, you would have to go through a process with U.S.C.I.S. and usually US consulate overseas if the child is located in another country. Orphans from most countries would have to be adopted in accordance with the Hague convention. Otherwise they must be adopted by the age of 16, and you would have to be able to establish both legal and physical custody for two years prior to submitting a petition to U.S.C.I.S.