Q&A’s published on Lawyers.com and the Epoch Times – 01/20/2017 1. What If My Immigration Visa Applicant Is Denied but Children’s Approved? 2. Am I Eligible to File My Adjustment Status Form (I-485) Thru My U.S. Citizen Spouse, After My Recent Student Visa Expired? 3. Dual Citizenship

1. What If My Immigration Visa Applicant Is Denied but Children’s Approved?

I applied for me the Applicant and my children but the case status appears Administrative Processing on mine but ready for my children in the NVC. Can they receive their visa without me?

Mr. Lee answers:
The answer depends upon whether the visa applications are separate standalone applications or whether the child is filing under a dependent status. If the first, he or she may be able to receive the visa without you; if the second, he or she must await your result.

2. Am I Eligible to File My Adjustment Status Form (I-485) Thru My U.S. Citizen Spouse, After My Recent Student Visa Expired?

I have recently become the spouse of the U.S. citizen and wanted to file I-485 form to adjust my status.  Previously, I was on F-1 student visa that has recently expired. Would my student visa expiration cause any difficulties when approving my I-485 form? Do I need to submit any additional forms in addition to I-864 and I-130?

Mr. Lee answers:
Marriage to a U. S. citizen excuses an overstay in the United States. I do not see it causing any difficulties in your immigration case unless you did not ever attend the F-1 schooling. In addition to the I-130, I-485 and I-864 forms, you will both have to submit G-325A biographic data sheets. If you wish employment authorization or advance parole privileges during the time that the case is pending, you would file forms I-765 and I-131. 

 3.Dual Citizenship

I am naturalized U.S. citizen. I am planning to get divorce in U.S. and want to marry a Canadian Citizen.  My question is if I marry to Canadian citizen; do my U.S. citizenship can be terminated? I was born in India.

Mr. Lee answers:
The U. S. and Canada both have the same policy that citizenship in one country does not cause termination of citizenship in the other. In other words, both countries respect the concept of dual citizenship with each other.  

Q&A’s published on Lawyers.com and the Epoch Times – 01/13/2017 1. Green Card Sponsorship 2. Do We Need to Complete Form I-864? 3. How Long Will It Take For Green Card Holder to be a Citizen After Submitting Application?

1. Green Card Sponsorship

I need some information in regards to my brother. He is 27 years old and currently lives in Pakistan. When he was about 12 years old he was deported back to Pakistan with my father while entering the US on a visitor visa. The immigration officer had found documents which basically showed that he and my father were living in the US on visit visa albeit renewing the visa every 6 months and never overstaying. He is now engaged to a US citizen and hoping to get married by the end of the year. We will need to start his sponsorship process then. Can you please tell me if the above mentioned issue will cause him any problems? Secondly, if there are no issues how long do you think the entire sponsorship process will take?

Mr. Lee answers:
The Department of State’s guidance is that a child under the age of 15 cannot act willfully and therefore cannot be found ineligible for fraud or misrepresentation in the circumstances that you describe. Also the period of time in which a person is barred from the country for being declared inadmissible at a port of entry is 5 years. The entire sponsorship process in a marriage case will typically take a year. 

 2. Do We Need to Complete Form I-864?

Daughter is US Citizen, lives in Argentina. She is married to an Argentine. Neither have jobs yet. Want to live in USA.

Mr. Lee answers:
Unless there are exceptional circumstances, your daughter would typically file an I-130 petition for alien relative to the U.S.C.I.S. Chicago lockbox at
(For U.S. Postal Service deliveries)
USCIS
P. O. Box 804625
Chicago, IL 60680-4107
 (For express mail and commercial courier deliveries)
USCIS
Attn: I-130
131 South Dearborn – 3rd Floor
Chicago, IL  60603-5517

At the time of consular processing after the approval of the I-130 petition, she would have to submit form I-864, and she would typically need someone in the United States such as you to file a joint I-864 in light of the circumstances that you describe. 

3. How Long Will It Take For Green Card Holder to be a Citizen After Submitting Application?

Can I put in for my daughters resident papers at the same time?

Mr. Lee answers:
Typical processing for citizenship cases across the country is from 6-10 months. Looking at the processing time chart for the Dallas field office, it says that the time for processing a naturalization case up to the date of interview is 6 months. If your daughter is 18 and over, she can file at the same time as you as long as she has fulfilled the required period of residence. If not yet 18, you would have to get your citizenship first and she would typically attain her U. S. citizenship upon your obtaining such if she is a permanent resident and living in your custody. She can ask U.S.C.I.S. for recognition of her U. S. citizenship status through the N-600 application for certificate of citizenship.

 

Q&A’s published on Lawyers.com and the Epoch Times – 01/06/2017 1. Applying For A Green Card 9 Months After Being Granted Asylum 2. H-4 EAD Question 3. Add My Son to My Case

1. Applying For A Green Card 9 Months After Being Granted Asylum

I know that an asylee can apply for a green card one year after being granted asylum if he/she was physically present in the USA during that period of time. But I heard from different people and lawyers that an asylee can already send the I-485 form 9 month after being granted asylum. Is that true or not? I already know some people who applied after 9 month and were granted a green card. Is it depended on the immigration officer reviewing your I-485 form or something else? If the one year period is mandatory how could some people apply after 9 month and get their green cards?

Mr. Lee answers:
It is mandatory under US law that an individual be in the US for one year physically before he or she is allowed to apply for an I-485 adjustment of status under the asylum category. I do not know how individuals would be able to successfully apply after only nine months. 

 2. H-4 EAD Question

I am on H-1B(with approved I-140) and my wife is on H4, she got the H4-EAD three weeks ago per the latest H4 EAD rule. My priority date is now current so I can file the I-485 for me and my wife. How do I go about making sure that my wife gets the I-485 based EAD and does not stay on the H4-EAD. I understand that she cannot have two EADs but I prefer that she be on the I-485 based EAD rather than the H4-EAD.

Mr. Lee answers:
You are correct that your wife cannot have two EAD’s at the same time. To us, an EAD is only for working and one EAD is as good as another in many cases. I do not see the advantage of an EAD acquired through having applied for adjustment of status as opposed to your wife’s present EAD under the H-4 category. It may just as be as well for your wife to continue under her present EAD, and then to apply for another EAD under the I 485 filing when the present one is four months from expiring. 

3. Add My Son to My Case

Base on visa bulletin my case has been reached. Now I have a one year old child and I would like to add him to my case but I do not know to which address of NVC should I send his information. I mean I do not know to send his birth certificate to NVC attn WC or to NVC attn DC. What is difference between this two?

Mr. Lee answers:
Whether you put an inquiry to the NVC to the attention of the WC or DC, it will undoubtedly be routed to the right section and person. Just make sure that you get the address correct.