Q&A’s published on Lawyers.com and the Epoch Times – 12/08/2017 1. Will My Biological Son Be Able to Petition for Me Being That He Was Adopted? 2. Left U.S. 4 Days After J-1 30 Grace Period Due to Illness…..Will This Affect An H1-B Application? 3. Married to a U.S. Citizen And Have Been Here Since 6 Years Old. Am I Able to Fix Papers? 4. Waiver Application Process

1. Will My Biological Son Be Able to Petition for Me Being That He Was Adopted?

Mr. Lee answers:
That depends upon whether your son gained any immigration benefits from his adoption. For example, if his adoptive parents gave him immigration benefits to the U. S., he would not be able to petition for you as his natural mother. If he immigrated independently to the U. S., he would be able to petition for you assuming that he goes to court and terminates the adoption.

2. Left U.S. 4 Days After J-1 30 Grace Period Due to Illness…..Will This Affect An H1-B Application?

In 2015 I departed the US 4 days after the end of my 30 day grace period on my J-1/DS-2019 because of illness. I had a flight booked to the UK within the grace period. However, after checking in my bags at the airport I passed out and collapsed in the security line (I had flu and very high fever). I was taken off the flight and rebooked on the next available flight which was 4 days later. I have an email from the airline confirming that I did not fly on the original booking date because of illness. The expiration on my I-94 was D/S. Is this likely to affect an H1-B application? 

Mr. Lee answers:
I do not see that your overstaying the grace period for such a short time because of illness at the airport for which you have documentation would be held against you in any visa application at a U. S. consulate or Embassy.

3. Married to a U.S. Citizen And Have Been Here Since 6 Years Old. Am I Able to Fix Papers?

I came to the US from Guatemala at the age of 6,went to school here graduated and went to college for two years got married to a US citizen 13 years ago we have 4 children am I able to fix my papers thru him or the dream act ?

Mr. Lee answers:
I will assume that you never ran afoul of Immigration or criminal laws except for perhaps entering the U. S. without inspection or overstaying. I will also assume that you entered the U. S. without inspection and are not eligible for adjustment of status to permanent residence. If both assumptions are true, you should be able to fix your papers through your husband.  You can take advantage of the Administration’s I-601A program under which, following the approval of an I-130 Petition for Alien Relative on your behalf by your husband, you would file for a provisional I-601A waiver while in the U. S. based upon extreme hardship to your husband if such was not granted. With 4 children and the length of your marriage, the possibility of approval is high. Following I-601A approval, your case would be consular processed and you would in all likelihood have a regular interview after which you would return to the U. S. with an immigrant visa.

4. Waiver Application Process

A friend of mine that is Australian is under a 10 year ban from the US and is wondering how to go about applying for a waiver to be unbanned so he can be reunited with his wife.

Mr. Lee answers:
Assuming that the wife is a U. S. citizen or permanent resident, she would petition for him and he would ultimately be interviewed at the American consulate or Embassy overseas. He would be refused for an immigrant visa and if eligible for a waiver, he would be instructed by the consulate or embassy to file one. If the ground was illegal presence in the U. S. for a year or more, he would be instructed to file an I-601 Application for Waiver of Ground of Excludability. If he was deported, he would be instructed to file form I-212 Application for Permission to Reapply for Admission into the U. S. after Deportation or Removal. Such waiver applications would be adjudicated by U.S.C.I.S., usually within a year.

Q&A’s published on Lawyers.com and the Epoch Times – 12/01/2017 1. Requesting For Evidence 2. Selective Service for U.S. Citizenship 3. Can My Stepchild Study While She Is Changing Visa Status (From B-2 to E-2 Dependant)? 4. Can My Long-term Girlfriend Who Is My Children’s Mother Be A Beneficiary in My Immigrant Case?

1. Requesting For Further Evidence

I am filing for my petition and I was asked to provide proof of all the things I have together with my wife. But I do not have all the requirements that they are asking for. I would like to get help with this issue please and thanks. Things were messed up with us and now I am not sure how to do this.

Mr. Lee answers:
While you cannot ignore the items that are requested, you can give other items that you believe would prove the bona fides of your marital relationship. Anything that you believe would be good proof of the fact that you are both living together – even police reports – can be used as long (as they do not show that you were an aggressor in domestic violence). Affidavits of others with knowledge of your situation are also relevant, especially if they are written by people with high credibility.

 2. Selective Service for U.S. Citizenship

I’m applying for my US citizenship. I am 30yrs old. I just found out that I had to apply to the selective service as a requirement for citizenship. I think I remember doing it when I signed up for Financial Aid. What do I do? 

Mr. Lee answers:
If you have already applied for selective service and now wish to obtain the record, you should go on to the website of the selective service at www.sss.gov in order to retrieve the information. You can then print out the page and keep it with you for the interview with U.S.C.I.S.

3. Can My Stepchild Study While She Is Changing Visa Status (From B-2 to E-2 Dependant)?

I moved to the USA few months ago with my wife and her child (7) all with a B2 visa. I just applied for an E2 Visa and I’m waiting for a response. My wife and her child are going to change status to become my dependants. I need to find a way to make her child go to school ASAP (I’ve been told that the change of status takes average 6 months). Can she study while she is changing status from B2 to E2? 

Mr. Lee answers:
While a child’s going to school may have a negative effect upon a change of status to F-1 student, I do not believe that there is a prohibition against allowing a child to go to school while changing to E-2. You may, however, have to convince the school district to allow your stepchild to register.

4. Can My Long-term Girlfriend Who Is My Children’s Mother Be A Beneficiary in My Immigrant Case?

My brother filled an application in 1997. I’m living with my women for 24 years. Can she also be a beneficiary? We have 3 kids together 20, 15, and 7 years.

Mr. Lee answers:
I assume that you are either a native of Mexico or the Philippines since the date of visa availability under the F-4 category would have long passed for a person born in any other country. That observation aside, the woman that you have been living with for 24 years can only be a beneficiary if she is legally married to you. The fact that you have three children together does not give her dependent status.

Q&A’s published on Lawyers.com and the Epoch Times – 11/24/2017 1. Is It Better to Have an Immigration Lawyer Fill Up I-130 Form? 2. Who Can I Get to Sponsor My Wife? 3. Property VS Green Card 4. How to Apply Citizenship While the Green Card Expired?

1. Is It Better to Have an Immigration Lawyer Fill Up I-130 Form?

Mr. Lee answers:
Although the I-130 petition for alien relative is one of the simpler immigration forms, we have seen many times where a mistake in filling out the form has led to drastic consequences. It is always better to have an immigration lawyer look over the form even if he or she does not fill it out. Whether that is entirely necessary may depend upon the particular facts of the case.

2.Who Can I Get to Sponsor My Wife?

She’s from Dominican Republic and I’m in the U.S. and I work off the books but have to proof of support i was wondering can her parents provide the support they live in her country but has a house there 

Mr. Lee answers:
Only permanent residents and US citizens can sponsor an individual for financial support on form I-864 when the individual applies for permanent residence. I suggest that under the circumstances you would have to have a cosponsor’s affidavit of support from a friend or relative. The affidavit of support of course would have to be credible.

3. Property VS Green Card

I live in Lagos Nigeria and I have friends in the states I am part owner of property there.  How do I get a visa to live there permanently?

Mr. Lee answers:
Being part owner of a property does not give you a leg up on obtaining a green card. Even if it was a commercial property, that would unfortunately not help in most cases as there is no treaty of navigation and commerce between Nigeria and the United States for purposes of long-term nonimmigrant visas like E-1 treaty trader or E-2 treaty investor. If, however, you are the part owner of a commercial business in which your share meets the requirements of the US EB-5 program for immigrant investors ($500,000 in targeted employment areas or $1 million in other areas), you may wish to consult with an immigration lawyer conversant with EB-5 cases for further advice as to how to proceed.

4. How to Apply Citizenship While the Green Card Expired?

My husband wants to obtain his citizenship, his residence card has been expired for more than 4 years. How can we go by obtaining his citizenship?

Mr. Lee answers:
Immigration laws require that a permanent resident keep a valid green card. Your husband should apply for a replacement green card on form I-90 Application for Replacement Green Card at the same time that he is applying for his citizenship.

 

Q&A’s published on Lawyers.com and the Epoch Times – 11/17/2017 1.How Long Will It Take for PERM? 2.Would I have Problem on Naturalization If I Never Filed Taxes Jointly With My Spouse? 3.Is There Anything I Can Apply For to Enter the U.S. Legally After Being Deported?

1. How Long Will It Take for PERM?

Our company plan to start PERM process in NY. How many days it will takes at least?

Mr. Lee answers:
If the PERM application encounters no problems and taking into account the amount of time to obtain a prevailing wage and the required recruitment, it would normally take approximately 8-9 months to process the labor certification. That is assuming that all parties cooperate as quickly as possible with requests for documentation and action.

2. Would I have Problem on Naturalization If I Never Filed Taxes Jointly With My Spouse?

I want to do my citizenship but we never filed our taxes together always separate and head of household. Would I have problems?  If I do, would they charge us with back taxes for all the years we were married and not filing together? 

Mr. Lee answers:
Although I am not familiar with IRS rules, my information is that registering as head of household means that the applicant is either single, divorced, or lived apart six months or more in a calendar year. If you fit none of these categories, you might certainly owe the government some money. I do note that immigration examiners are not IRS employees and do not collect back taxes on behalf of IRS. A naturalization examiner’s general mission is the grant or denial of naturalization applications.

3. Is There Anything I Can Apply For to Enter the U.S. Legally After Being Deported?

I was a permanent resident since 1/2009. I got involved in a relationship to who is now my wife in 2012. We had a lot of fights and arguments and one day we made the mistake of putting our hands on each other and I grabbed her by the neck and she called the police her mom bailed me out the next day. In December 2013, I pled guilty on the terms of deferred adjudication on probation for 4 years (I’m not sure if I said that right). My court appointed lawyer(who didn’t even bother to show up sent instead a substitute) told me that I would not get deported unless I broke any Conditions(which I never did) and that as soon as I completed it, it wouldn’t affect me at all. In 4/2015 ICE officers lied to me into talking to them and when they presented themselves to my house arrested me for an immigration warrant I had without knowing. In 7/2015 I was deported. My wife my daughter and I are living in Mexico currently but we would like for me to go back home legally.

Mr. Lee answers:
It is difficult for me to give advice in your case as it is not clear whether you were deported for the incident on which you pled guilty in December 2013 or whether there was some other occasion for which the immigration warrant was issued. You also did not disclose in your fact pattern any occurrences in an immigration court which leads me to suspect that you had a previous order. I believe that the best thing that you could do now would be to have an immigration lawyer look over your entire immigration and criminal history. If you do not have a complete copy of your files, you should have him or her secure a copy under the Freedom of Information Act for immigration and with the criminal court for your crime. Only in this way would the lawyer have an accurate idea of what he or she is facing.

 

Q&A’s published on the World Journal Weekly – 11/12/2017 1.What To Do About Our Son Who Was Born After We Started the Immigration Case? 2.Five-year Bar on Coming To The U. S. Since August 2012, Can I Get a Traveling Visa Now?

1. What To Do About Our Son Who Was Born After We Started the Immigration Case?

My sister applied for me in 2005 and the waiting time is just about over. We have been given papers (DS-260) to fill out and send back to the National Visa Center. But the papers are only for me and my wife since our son was born in 2009. What do we do?

Dear reader,
You may wish to back up a step and notify the National Visa Center (NVC) that you have had a child since the I-130 petition was filed and request the NVC to add him to your immigration case. When that is successfully done, the NVC will send a separate fee bill for your son and after your payment of it, you will be able to also submit a DS-260 form for him so that your family can all immigrate at the same time.

2. Five-year Bar on Coming To The U. S. Since August 2012, Can I Get a Traveling Visa Now?

In August 2012, I tried to come to the U. S. on my visitor’s visa after spending most of the past 3 years since 2009 in the U. S. and just going out occasionally. But then I was told that I no longer qualified for the visitor’s visa because of all the time that I had been spending in the U. S., and I was given papers and told not to come back for 5 years. Now 5 years is over. Can I apply again for a U. S. visitors visa?

Dear reader,
I note that even after the five-year bar, US consular officers will interview to determine whether a B1/B2 visa can be given in the discretion of the officer. Your having been declared inadmissible previously will be a negative, and it is strongly recommended that you bring as much evidence as you can of your ties and bonds with your home country to the interview.

 

Q&A’s published on Lawyers.com and the Epoch Times – 11/10/2017 1.Adoption 2.Would it Be Legally Possible for International Student to Go Inside the United States With ESTA and Then Go To Mexico and Come Back to the US? 3.I Unfortunately Came Illegal to USA, but I Pay Taxes and Am Married and I Got Approved on I-130 , I-824, So Can I Apply for I-485 and I-765 Now or I-94?

1. Adoption

I was wondering if I could bring my nice to US through adoption? He is 18 years old and I am US citizen.

Mr. Lee answers:
Unfortunately you are not able to bring your niece to the US through adoption as any adoption would have to be completed before the child turned 16 in order for Immigration to consider it for immigration purposes.

2. Would it Be Legally Possible for International Student to Go Inside the United States With ESTA and Then Go To Mexico and Come Back to the US?

I am a Japanese student from Japan traveling America with ESTA now. I’ve been here since 9/20/2017. I plan to go to Mexico in early December for a couple of weeks and then come back to America since I will be an international student at UC Berkeley for about three months. So, I was planning to re-enter into America with my student visa (F1 VISA). Will I be able to come back to America without any trouble? Or is there a certain place I have to go before coming back to America? 

Mr. Lee answers:
If you already have an F-1 visa in your passport and if the schooling at UC Berkeley will start within 30 days of your reentering the US, I do not see any problems with your plan. There is no place that you would have to go before coming back to the US in the above situation. If you do not yet have an F-1 visa, you would likely have to go back to Japan to apply for one before coming back.

3. I Unfortunately Came Illegal to USA, but I Pay Taxes and Am Married and I Got Approved on I-130 , I-824, So Can I Apply for I-485 and I-765 Now or I-94 ?

How many more applications I need apply till I get to the application to social security and work permit?

Mr. Lee answers:
If you came illegally to the country, you would not be eligible for adjustment of status unless you also qualified for the benefits of §245 (i) in which under the most current version, you would have to have a labor certification application or immigrant visa petition filed on your behalf by April 30, 2001, and been physically present in the country on December 21, 2000. Otherwise the forms that you mention have no applicability to you except for the I-130 petition for alien relative which you say is already approved. Currently if your wife is a US citizen or LPR, you may be able to apply for the Administration’s I- 601A provisional waiver program under which the 10 year bar for staying in the US illegally for at least a year is waived if you can demonstrate that a return to your home country permanently would cause extreme hardship to your spouse. The beauty of the I-601A provisional waiver program is that you can make the application, stay in the US to see its result, and if approved, schedule an interview with the American consulate or embassy in your home country. The visa interview would in all likelihood be normal.

 

 

Q&A’s published on Lawyers.com and the Epoch Times – 11/3/2017 1.H-1B Transfer Query 2.Entry Without Inspection (EWI)? 3.What Do I Have to File Paper Wisely to Leave the Country After The Divorce? Can I Still Enter U.S. for Travel?

1. H-1B Transfer Query

Can you please help me evaluate below mention condition for my H1B Renewal/Transfer? I have a valid H1B Visa with employer A (India) and now I am working for Employer B (India). Employer B wants to file H-1B visa, in which category (Renewal/Transfer/Extension) H1B can be filed. I haven’t traveled to US any time during my previous tenure with Employer A. Both Employers were Indian company.

Mr. Lee answers:
In your situation, employer B would file an H-1B petition for you as a new petition, and it or its lawyer would have to explain why it is that you are not subject to the H-1B cap.

2. Entry Without Inspection (EWI)?

How is C1/D visa considered as EWI? As far as I know every time our ship came to USA, First US port our ship is mandatory to stop or dock for immigration check. All crew members got to see ICE/Immigration officer on the port. We’ll need to present our passport with US Visa then they’ll issue us they called it I-95 permits and will sign their log book so they’ll have a copy on their end that we are legally entered here in the USA. We need to have this in our pocket every time we go offshore in USA, if we don’t have this piece of paper in our pocket or we can’t present this paper if any ICE ask about this permit, the next thing we’d know u are going back home on that day. I just don’t understand about this I-95? It seems this is a one way permit and no one would recognize it. As a crew member I came here legally with proper docs and I am seeking to get my status adjusted in a legal way. 

Mr. Lee answers:
Under US immigration laws, a crewman is not adjustable to permanent residence. A C1/D visa is not considered EWI, but it is in a special class by itself.

2. What Do I Have to File Paper Wisely to Leave the Country After The Divorce? Can I Still Enter U.S. for Travel?

I am currently married and on my conditional resident card. We had been together for 5 years in total- married for less than a year. We are looking to get a divorce- I do not want to stay in the United States. I want to go to my home country- however I was wondering if I need to still file anything besides the divorce- and if I am still able to visit the U.S. for traveling (Under 30 days). Also am I able to file the divorce and sign it from my home country?

Mr. Lee answers:
You have a conditional residence card which will expire at the end of two years. The best course would probably be for you to notify U.S.C.I.S. in writing that you are divorcing, have no intention of filing an application to remove the conditions on your residence, and will be returning to your home country permanently. I suggest that you send such communication with proof of delivery. That may prove useful to you when you either apply for a visitors visa to enter the U.S., or if you are from a country under the visa waiver program, when you enter the country and are inspected by Customs and Border Protection. Whether you are able to file for divorce and sign it in your home country depends upon the law in your home country since you do not appear interested in living in the U.S. anyway.

 

Q&A’s published on Lawyers.com and the Epoch Times – 10/27/2017 1.I Am An Asylee With Approved Asylum Case, Applied for Refugee Travel Document Before I Left the States. 2.Can Stepdad File An I-130 and I-485 for Child With Expired K-2 Visa If Mother And Stepdad Are Divorced? 3.What Is The Process for a Temporary Green Card Holder Deportation From the U.S.A. After Criminal Conviction Was Vacated?

1. I Am An Asylee With Approved Asylum Case, Applied for Refugee Travel Document Before I Left the States.

It has been more than three months, I have not received my refugee travel document. I want to know what are the implications if I travel back to the states without my refugee travel document in hand? What will happen if I show them my asylum approval, my work permit, a letter from my organization explaining why I had traveled, and the receipt from USCIS that they received my application for refugee travel document and that I have already done my biometrics. I want to know if I will be able to return without my refugee travel document in hand?

Mr. Lee answers:
Without having your refugee travel document in hand, you might certainly have a difficult time at the port of entry. Assuming that you are even able to make it to the port of entry in that the air carrier (if flying in) has allowed you to board, the immigration inspector would certainly place you in secondary inspection and you would likely be stuck there for quite some time while Customs and Border Protection decides what to do with you. Ultimately they may allow you back in, but it may be quite an ordeal for you. I note a 1999 memorandum from legacy INS that a person in your situation is inadmissible and subject to removal proceedings and may not resume status in the U. S. unless he or she applies for and is granted a refugee travel document at a U. S. consulate or port of entry, or is granted parole back into the country.

2. Can Stepdad File An I-130 and I-485 for Child With Expired K-2 Visa If Mother And Stepdad Are Divorced?

My son was born out of wedlock in Germany to a German mother and US citizen father. Paternity was established many years later and he pays child support under a court order. In 2008 we came to the US to marry a different man with a K-1 and K-2 visa, but my son’s I-485 was not filed because I was told by the DA’s office and USCIS hotline he is a U.S. citizen by birth, but father fails to file a 600 for him. With attorney’s advice I acquired citizenship in June 2015 to file for my son. I filed I-130 and I-485 last September and got denied because of wrong status on I-94 entry form. Now they want to deport him while he is still a minor and we have no relatives over there anymore. The original petitioner and I are divorced. Can he still file for my son?

Mr. Lee answers:
Under present law, your son is eligible for adjustment of status under the original petition. The marital relationship was adjudged bona fide by USCIS as you are now a US citizen and could only have been adjusted to permanent residence through the petitioner of your K-1. The crux of the matter is that the original petitioner either had to have filed an I-864 affidavit of support in the past, or he is willing to do it now.

3.What Is The Process for a Temporary Green Card Holder Deportation From the U.S.A. After Criminal Conviction Was Vacated?

Who is barred permanently: If you have been convicted of an aggravated felony, entered the U.S. without permission after being removed (deported), or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be permanently barred from entering the United States. This isn’t quite as bad as it sounds, however, in that you are allowed to apply for a waiver of inadmissibility after ten years. Am I illegible for this waiver? 

Mr. Lee answers:
You may be eligible for a waiver of the “permanent” bar after you have been outside the US for 10 years. At that time, you could apply for one and it would be adjudicated in accordance with law. One of the things that will be considered is the aggravated felony even if the criminal conviction was vacated. In the eyes of DHS, an individual can be declared inadmissible if he or she admits the facts of the barring act.

 

 

Q&A’s published on the World Journal Weekly – 10/22/2017 1.I Was Deported Last Year – Can I Still Come in Under H-1B Visa If I Have a Sponsor? 2.Will My Son’s Cerebral Palsy Prevent Our Family From Immigrating If I Get Clearance Through a National Interest Waiver? 3.Under H-1B, Can I Purchase A Motel, Hire A Manager, and Have Him or Her Run the Establishment?

1. I Was Deported Last Year – Can I Still Come in Under H-1B Visa If I Have a Sponsor?

2 years ago while under H-1B, I had an argument with my employer over his shady practices, left the company, and reported him to the labor department. He got mad and reported me to Immigration and I never knew that I was supposed to attend the hearing, so I was ordered deported. I didn’t know that I was deported until I tried to apply for a travel visa to come back. My skill is in great demand, and I can find another company quickly that can file for H-1B for me again. I only used up 2 years of time under the H-1B. Do I have to apply under the H-1B lottery again? If not, what is the procedure?

Dear reader,
You might be able to apply for another H-1B visa even after you have been deported by the US if you obtain permission to return. Since it appears that you already had an H1B visa and have not exhausted the six-year limitation, you would not be subject to the H-1B cap limit and an interested employer could sponsor you for another H-1B visa. You would generally be refused by the American consulate or embassy, and required to file an I-212 application for advance permission to return to the US after removal if the consular post recommends you for the filing. The application would then be forwarded to the U.S.C.I.S. Admissibility Review Office in the States which would make the final decision.

2. Will My Son’s Cerebral Palsy Prevent Our Family From Immigrating If I Get Clearance Through a National Interest Waiver?

I work at a university and the research that I am doing is very cutting edge. I have multiple publications to my name, and people know me in the field. I want to apply for U. S. immigration under a national interest waiver (NIW), but am worried that we will have a problem in immigrating because of our son’s cerebral palsy. How much of a worry is it?

Dear reader,
Your son’s condition is not a factor for U.S.C.I.S. to consider when you apply for an NIW. With the green card process, it would have to be demonstrated that you are able to support yourself and your dependents. The question of support can be answered by a job offer in the field of national interest. Without a job offer, you would have to show other means of financial support such as from a permanent resident or US citizen who would be willing to submit an affidavit of support (form I-134) with supporting documentation.

3. Under H-1B, Can I Purchase A Motel, Hire A Manager, and Have Him or Her Run the Establishment? 

I am in the U. S. pursuant to H-1B visa status and working full time for my employer. I am thinking to invest in a motel in New Jersey where I will own the motel 100% for my investment of about $250,000, and I will hire a manager who will run it for me. Can I do this under my H-1B status?

Dear reader,
Your H-1B visa status only allows you to work for your current employer. That being said, there is nothing to prevent you from buying a business and having other people manage it for you.

 

Q&A’s published on Lawyers.com and the Epoch Times – 10/20/2017 1. Can My Husband Get Denied for His Green Card Because I Gave False Information to Receive Food Stamps? 2. Did I Have Chance to Fill Out the I-130 For My Mother If Her I-94 Expire 2 Months Ago? 3. C1/D Visa

1. Can My Husband Get Denied for His Green Card Because I Gave False Information to Receive Food Stamps?

I had reported falsely in the past about my husband income to receive food stamps. I stop receiving them. But I didn’t get caught or fined that I gave wrong info. Now I want ask for my husband green card then after for his U.S. citizenship. Will it come up in the process? Will the immigration see we gave information about his work income but will see we gave other information to receive food stamps. I know I’m sorry. I am embarrassed of my own actions. 

Mr. Lee answers:
US immigration law assigns blame according to the individual who did the act. If your husband had nothing to do with your giving false information to receive food stamps, he would not be held accountable. The chances are that the food stamp incident will not come up in the process since he does not have a criminal record from it.

2. Did I Have Chance to Fill Out the I-130 For My Mother If Her I-94 Expire 2 Months Ago?

After several entrances without any problems at this time she was coming to visit the family last Christmas and the I-94 expire on late June 2017. She is a retired 70 years old and I want to change her tourist statues and proceed to petition her. What do you recommend the best step to fallow. Extended her stay to have enough time to be process her legalization or introduce first her I-130 without any problems. 

Mr. Lee answers:
If your mother is 70 years old and still in the United States, you would be best off applying for her adjustment of status here in the States if that is the wish of both of you. For that, you would not only be filing the I-130 petition, but also the I-485 adjustment of status along with all the other related forms and documents and filing fee. The fact that she qualifies as the immediate relative of a U. S. citizen exempts her from the requirement of maintaining status in order to file for adjustment of status to permanent residence.

3. C1/D Visa

Am I qualified to apply for cancellation of removal? Since I came here with C1/D visa then got married and have been here for 9 years now. Just want to be prepared next year will be my 10 years here. Or aside from applying for cancellation of removal (next Year if ever) is there any other way to get my status adjusted? 

Mr. Lee answers:
As a person coming to the US with a C1/D visa, you are not qualified to apply for cancellation of removal as crewmen are specifically barred from this relief by statute.  If you were in another category than crewman, you could apply at the end of the 10 years as long as you have a parent, spouse, or child who is a US citizen or permanent resident. You would have to prove 10 years unbroken residence, good moral character, and exceptional and extremely unusual hardship to your qualifying relative if the cancellation of removal application is not granted.