Category: Q&A

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

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

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

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

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

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upon applicants participating in the I-601A program if they had a previous immigrant visa interview has been rescinded, and your husband is now eligible to apply for the benefits of the I-601A program.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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Is it necessary to apply EAD & social security number?

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

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

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

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

1. EAD I-140 Compelling Circumstances

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

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

 2. How to Change Tourist Visa to Work Visa?

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

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

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

3. Extension of B1/B2 visa

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

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

1. How to Get My Girlfriend to Come to the U.S.?

I have met a Dominican Republic lady and I would like to know how to get her to come to the United States.

Mr. Lee answers:
I will assume for purposes of your question that you are either a US citizen or permanent resident. If a US citizen, you generally have the choice of petitioning for her as a fiancée under K-1 visa or marrying her and petitioning for her to obtain an immigrant visa through form I-130 Petition for Alien Relative and later consular processing. If a green card holder, you could marry her and petition for her in the same manner. K-1 visa processing usually takes between nine months to a year; and I-130 processing/consular processing by US citizen one year and by a permanent resident two+ years. In addition, if your Dominican Republic lady has good reason to come to the US temporarily, she may be able to obtain the appropriate nonimmigrant visa at the American consulate or embassy.

2. Should I Apply for Citizenship?

I have been a Permanent resident since 1998. In 2009 and 2013 I spent more than 12 months outside the USA. Upon re-entering the USA I omitted this to the immigration officer and said I had been away for 3 months. Since 2016 I have lived in the USA permanently only making short trips abroad. I would like to apply for naturalization but wonder if it’s too risky to do so. What do you suggest?

Mr. Lee answers:
For preserving a residence in the US for naturalization purposes, a six-month absence has a rebuttable presumption that you have lost the residence. Absences of 12 months and more are almost conclusive evidence that the residence for purposes of naturalization is lost. That occurs even if the individual has obtained a reentry permit. I would suggest that you not apply for naturalization at this time as an application would be risky.

3. Can C-1D Visa Holder Apply For an Asylum?

I came to USA in March 2016 in C-1D Visa (cruise line job) from India, it’s been almost 3 years now am staying in US. My questions are Can I apply for an Asylum ? If I can, will marriage help me to adjust my status/ if yes how long it will take normally? If I go back to India before the decision of Asylum case, how it will affect my re-entry?

Mr. Lee answers:
Unless there are special circumstances, you are not eligible to apply for asylum as the application must be done within one year of the individual’s entry into the United States. You are eligible to apply for withholding of removal if you believe that you would be persecuted in your home country, but the burden of proof against you is higher and it does not lead to a green card. Marriage would not help you to adjust your status even if you have special circumstances that would qualify you for asylum since a C-1/D visa holder is generally not allowed to adjust status to permanent residence. If you go back to India after you have submitted an asylum case and before its decision, you would technically be barred from returning to the US because of your unlawful presence for over one year in this country.

1. Can I Attend H-1B Visa Interview With Employer A When H-1 Transfer to Employer B Is In Process?

I am currently working as sub contractor with employer A and employer B has filed my h1 transfer I got RFE for this and employer B is working on resolving the RFE. Can I go to visa interview with my current employer while my H1 decision is still pending? Or if gets approved or rejected will it impact my visa interview?

Mr. Lee answers:
This situation could present problems and so is not recommended. A consular officer upon your notice that you actually wish to work for employer number two would likely tell you that you should wait until the H-1B for the second employer is approved before requesting the H-1B visa to be put in the passport. On the other hand, if you do not inform the consular officer of your plans and are given the visa and do not work for the first employer when you return to the States, you could be subject to a later charge of misrepresentation. You may wish to have a resolution one way or another before leaving the US for a visa interview. Premium processing is expected to return in February 2019 with U.S.C.I.S. for the fee of $1,410 under which the agency promises to reach your case for adjudication within 15 days or give you back the fee.

2. Will I Be Issued a Visa After DNA Results Are Positive?

Mr. Lee answers:
Whether you are issued a visa after DNA results are positive depends upon whether there are other inadmissibility bars to your immigrating to the US. I assume that this is a family based case as DNA results would otherwise not be relevant. Another question is whether the DNA test was requested by the US Consulate or Embassy or USCIS or whether you and your related party took an independent test. In the latter case, the result may not be given full validity by a consular officer.

3. Out of Student Status

I came to the US on a F1 student visa. During my time in the University I have dropped two semesters (at the end of the semester) after I found out that I would not make a GPA that will allow me to continue in the University. I was not aware that I could not do that. And on the third semester I was flagged and an advisor told me that I couldn’t do that. Once I met with an officer he told me to get a letter from my advisor stating that I am enrolled and I took classes each semester and I will be fine. I got the letter and for the next interview I gave it to a different officer which told me that it is useless now because I am in the removal process and I should wait until I heard back from them about a court date. I have been waiting for almost two years now and I did not get a court date. My question are : What are my chances of getting my status fixed?  Do I have a high chance of getting deported? And what I could do to prepare for the hearing.

Mr. Lee answers:
It is highly unusual that an individual would be in removal proceedings and not receive a notice to appear (NTA) within almost 2 years. It is entirely possible that U.S.C.I.S. has not moved in that direction. If you moved, it is also possible that you never received an NTA because of that. It does not appear from your question that you are still in school or in status if you are still in school, and if that is so, I would assume that you have been out of status for at least five months, the top limit for asking for student reinstatement. You appear to not be aware of your present status which would be essential for determining what are your options. You may decide to do an infopass with the local field office of U.S.C.I.S. to ascertain your status. You may also alternatively request a copy of all your information from U.S.C.I.S. under the Freedom of Information Act.

1. Can open LLC on EAD(GC) on EB3?

I have an EAD, awaiting adjustment of status on EB3, India. I would like to start an LLC and become self employed. I will be either sub contracting and getting a 1099. Am I allowed to start an LLC and be its only employee?

Mr. Lee answers:
Having such an EAD, you may be allowed to do such since the card allows open market employment. In addition, you may be able to use the EAD position as a basis of your green card if you are in the last phase of your immigration to the US, and have already had your I-140 petition approved and the I-485 adjustment of status filed. Under the rules of porting, you are allowed to move to a same or similar occupation and keep your case if the I-140 petition is approved and the I 485 has been pending for 180 days. U.S.C.I.S. has said that porting can be to self-employment so long as it qualifies under same or similar occupation. Please note, however, this may lead to a number of questions on your immigration interview.

2. Employment immigration after living in the United and only have 7 months on a different visa. If applying for PERM employment with a sponsor waiting period could be how long?

Mr. Lee answers:
It is difficult to answer your question as you do not state what country you are from, and quota restrictions on certain countries can increase the period of time of waiting. Generally speaking, however, employment immigration of natives of countries other than India, China, and the Philippines will generally take a couple of years taking into account time required to process labor certification, I-140 petition, and either adjustment of status or consular processing. If you do not require a labor certification application, the process may be much shorter. In the event that you do require one, your seven months of remaining stay will not allow you to obtain a labor certification, as that process takes approximately 10 months between recruitment and Department of Labor processing. However, it should be noted that the immigration law allows employment based applicants up to 180 days of illegal stay and still maintain eligibility for adjustment of status. Once an individual has the labor certification and assuming that there is visa availability and the individual is in status, both I-140 and I-485 adjustment of status applications can be filed concurrently, and such filing would allow an individual to remain with authorization in the US during the time of the processing.

 3. I have B1/B2 Visa and Work Experience 13 Years. Can I Convert to H1-B?

I’m not a cap exempt neither the company that provides work for me in USA but I have B1-B2 visa and work experience 13 years .Can I convert to H-1B?

Mr. Lee answers:
My personal feeling is that even with the amount of experience that you have, lacking any type of post secondary education, a U.S.C.I.S. officer would be hard-pressed to approve an H-1B application for you. In addition, of course, the position that is being offered must be one that normally requires at least a baccalaureate degree in the field of specialization. Finally if your question is whether you can obtain an H-1B status in the US without leaving assuming that the H-1B petition can be approved, that might be problematical in terms of timing. The H-1B lottery season begins on April 1, but selection and approval only make the beneficiary eligible to begin work on October 1 at the earliest. You must be able to show U.S.C.I.S. that you are entitled to stay under some type of legal visa status until September 30 to successfully change status in the US. Whether you will be able to extend your present status or change to another status is a question that you may wish to explore.

 

1. I Was Denied the Right to Become a U.S. Citizen Because I Voted, I Have Proof to Show I Was Tricked into Doing So.

I have 30 days to make an appeal.  What to do?

Mr. Lee Answers:
You can make an administrative appeal to U.S.C.I.S. on form N-336 Request for Hearing on a Decision in Naturalization Proceedings. U.S.C.I.S. policy on illegal voting depends upon the election law. If the election law penalizes the actual act of voting, the fact that a person has actually voted is sufficient to establish that he or she has voted unlawfully. However, if the election law penalizes the act of voting only upon an additional finding that the individual acted “knowingly” or “willfully,”, U.S.C.I.S. states that adjudicating officers cannot conclude that an applicant voted unlawfully until they assess the circumstances surrounding the voting, the applicant’s credibility, and the documentary evidence.

2. What Happens if I Don’t File Form I-751, and Go Back to My Home Country Before the 90-days Period For Good?

Do I still have to come to a court hearing? We are not yet divorced, but separated.

Mr. Lee answers:
Although not a guaranteed solution to avoiding court, if you intend to go back to your home country for good, you may wish to write a letter to the Texas Service Center since you live in Florida and you would be filing an I-751 application to that service center as it has jurisdiction over Florida. You can explain your circumstances, that you will not be remaining in the US, and perhaps give some proof such as an air ticket of your intent to depart. Upon your departure, you can also inform the Center that you have departed and give them proof of such, e.g. copy of passport showing entry into your home country.  The address of the Texas Service Center for I-751’s is:   

U.S.C.I.S. Texas Service Center
PO Box 851488
Mesquite, TX 75185-1488

3. Can I Stay in the U.S. for Leisure From June – Oct 1st Under B2 Visa Until H-1B Takes Effect?

I’m currently dating a US citizen, I am a Canadian citizen. I’m graduating from my M.Sc in Canada in June. I’ve read that once the H-1B is approved and your visa is stamped (hoping all goes well), that you can only enter the US 10 days prior to employment start (Sept 20th for Oct 1st start for H-1B) Could I apply for a B2 visa to stay with my boyfriend until my H-1B takes effect? Something like June – Oct 1st? I’m aware I have to do my interview and visa stamping in Canada, I can take a trip for that. But is it possible to just take trips and re-enter under B2 visa? And once everything is stamped, does the H-1B visa stamp replace B2? Or is there a conversion involved. 

Mr. Lee answers:
As you are a Canadian, you do not require a visa to enter the United States for visiting purposes. If you have a valid reason for being in the US for visiting purposes such as visiting with your boyfriend, you can explain that to the inspecting officer upon your entry with a Canadian passport. Similarly Canadians are not required to have H-1B visas put into their passports. At the appropriate time, you can approach the port of entry with your I-797 H-1B approval and request admission into the US to take up your H-1B position. You may of course have to explain what you were doing in the United States from June-October 1. 

Married One Month After Coming to U. S. and Want to File for Her Immigration (I am USC) – Did We Marry Too Soon?

I am a U. S. citizen and invited my girlfriend from Hong Kong to come to the U. S., and she entered under a B-2 visiting visa 2 months ago. We got married last month and were about to put in papers for her immigration and someone told me that we might be in trouble because we married too quickly after she came in. Is that true? What can we do?

Mr. Lee Answers,
Current policy guidelines are that persons coming to the U. S. who take an action within 90 days of entry inconsistent with their stated purpose for coming to the U. S. are presumed to have made a misrepresentation of intent at the time of entry. In your case, you can solve your situation by filing the I-130 petition for alien relative for your wife and having her leave the U. S. and undergo consular processing once the I-130 petition is approved by U.S.C.I.S. The other route of filing for adjustment of status without leaving could bring on the consequence of U.S.C.I.S. questioning her intent at the time of coming into the country when you are both interviewed. I note that there is a recognized immigration decision that a preconceived intent should not count in an immediate relative case (immediate relatives are the spouses, parents, and children under the age of 21 and unmarried of U. S. citizens), but the question is whether an immigration officer at the time of your wife’s interview would be aware of the decision or believe that all the facts apply to your wife’s case. In the event that your wife is deemed to have committed fraud or misrepresentation, she could file an I-601 application to waive the ground of inadmissibility and the standard would be whether you would suffer extreme hardship if the waiver is not approved.

2. Laid Off on H-1B, Do I Have to Leave Now? Do I Have Any Time to Find Another Job?

I received my H-1B in October and had been working with my employer until the end of October at which time I was laid off. It has now been 33 days since I was let go. I have been trying to find other jobs, but it is not easy, especially around the end of the year. Can you tell me how much time I can stay here to find another H-1B job without leaving the country or trying to change my status?

Mr. Lee Answers,
You are allowed to remain 60 days after the last day of employment with your employer. During that time, you are considered in legal status for all purposes except for work and leaving the country. Please note that once you find a new position, your new employer will need approximately 2 weeks to file for an H-1B transfer petition (with a good legal representative) as it must first go through a labor condition application (LCA) with the Department of Labor prior to submitting your new H-1B to U.S.C.I.S. Good luck!

3. On H-1B, I-140 Just Approved, Priority Date Far Away, Want to Change Employers, Currently Applying For Extension

I am being sponsored by my present company and my I-140 petition was just approved 8 months after my labor certification was issued. I am from China and have a priority date in February 2017 under the EB-3 category. My 6 years of H-1B status will end in March, and we just filed for an extension. I am thinking of changing jobs to another company with better conditions, but wonder what risks I have and how much trouble this will be.

Mr. Lee Answers,
Unless there is fraud or misrepresentation, revocation or invalidation of the labor certification, or mistake on the part of U.S.C.I.S. in the I-140 adjudication, you will be allowed to keep the priority date. If the business does not fail or the employer revoke the petition within 180 days, the I-140 will stand for purposes of allowing you to extend your H-1B status until your priority date is current. Your new employer in that case would still have to file for a new labor certification and I-140. In changing over to a new employer, you and your new company will have to decide whether to put you on board during the time of the pendency of the transfer or have you remain with your original employer until the H-1B adjudication is done. Unfortunately at this time, there is still a suspension on premium processing for your type of anticipated filing, which is expected to last until February 2019. There is a risk that if you move over to the new employer without a new approval, a denial would place you out of status, and you might be forced to seek consular processing of any further approved petition. You should also be aware that remaining in the U. S. for over 180 days after receiving a denial from U.S.C.I.S. would subject you to a 3 year bar on returning to the U. S. if you had to leave.

4. Friend Who Filed Political Asylum Based on Persecution Under China Family-Planning Policy Just Denied – Why If He Has a Good Case?

I have a friend who has applied for political asylum and was just denied. Could you tell me why because he will not tell me and I am very concerned. He is a good man. In China, he was a doctor who was very conscientious. He worked in a clinic where he did abortions, but he tried to be as kind to the women as he could be, and in 2 instances even managed to help the women escape who did not want the abortions. In fact, he got into trouble in China because it was found out that he helped one escape for which he was dismissed. He has much evidence and documentation of the above that he gave to U.S.C.I.S.

Mr. Lee Answers,
Unfortunately it sounds as if your friend was labeled a persecutor by the U. S. government if he told his story in the way that you have just described. The family planning policy in China has consisted of coerced abortions and sterilizations, and people who prove that they have been the victims of such have a legitimate ground for political asylum. At the same time, those who assisted in the implementation of the coercive population control policy are considered persecutors who are ineligible for asylum and subject to removal from the United States. The fact that your friend helped out in 2 instances would not excuse his participation in a program of persecution in the eyes of the U. S.

1. DACA Question

My dad is a US citizen and I am an 19 year old immigrant with DACA . Will he be able to help me fix my paper work or am I too late to get any help?

Mr. Lee answers:
If you entered the country legally, your father can probably assist you in adjusting status to permanent residence in the US without leaving. If not, you may still be able to obtain your residence status through the I-601A program under which your father would petition for you as his relative on form I-130, and when that is approved, you would be able to submit an I-601A request for a waiver of the 10 year bar for being here in the US unlawfully for a year or more. The I-601A adjudication would be based upon your establishing extreme hardship to your father if you could not return to the US. Assuming that the waiver is approved, you would complete your case by having it consular processed through the National Visa Center in the States and the US consulate or embassy in your home country. Kindly note that the I-601A program has a good rate of success, but also that its future may depend upon how vigorously Mr. Trump wishes to go after programs benefiting the undocumented.

2. I am on H-1B and My Prevailing Wage Request is Submitted.

If prevailing wage is more than what i get currently, can the employer increase before perm and will my GC process go fine or should employer maintain the same salary starting of prevailing wage request

Mr. Lee answers:
PERM labor certification applications require a prevailing wage determination of the offered position for the case to be filed with the Department of Labor (DOL). The prevailing wage must be paid at the latest at the time that the permanent residence application is approved. Whether the employer pays the prevailing wage prior to that time to the alien is not a primary concern of DOL, which is the protection of US workers. That means that DOL will want to be assured that the employer is offering that wage to the US workers who apply for the position, and that the employer is not rejecting US workers because the alien is willing to work at a lower rate.

3. I Have a Temporary Residency for 2 Years But He is Asking for Divorce.

I am from Venezuela and have been married over a year with an US citizen. How can I do so the divorce does not affect my residency?

Mr. Lee answers:
The best action is to gather together and keep in a safe place all evidence that you and he have had a bona fide marriage. When the divorce is finalized, you can submit the I-751 Petition to Remove Conditions on Residence with all the proof of your marital relationship. If U.S.C.I.S. is convinced through the documentary evidence and/or interview with you that the marriage was bona fide, you would be allowed to have your conditions removed on the green card.