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.

 

 

Q&A’s published on the World Journal Weekly – 10/15/2017 1.Present Status Expiring – Should My Cousin Apply for Political Asylum If She Plans to Get Married Later? 2.Immigrant Visa Applicant Wants to Enter U. S. at San Francisco Instead of New York with Corresponding Change in Mailing Address for Green Card – How To Do It? 3.Green Card Through Employment With Fake Name – Can I Sponsor Sister Since I Am U. S. Citizen Now? 4.Case Denied in May Because We Moved And Did Not Receive Notices From Immigration – What To Do?

1. Present Status Expiring – Should My Cousin Apply for Political Asylum If She Plans to Get Married Later?

My cousin from China entered the U. S. with a tourist visa last year, applied for an extension which was approved, and has only 2 months left before that expires. We understand that the chances of her obtaining another extension are not good. There is a chance that she will get married to a U. S. citizen in the future as she is single, but that will be down the road. In the meantime, she is thinking about applying for political asylum to stay here. Should she do that?

Dear reader,
If there is a good reason for her to file for political asylum, she can do so based upon past persecution or a well-founded fear of persecution if returned to the home country. Such would have to be based upon political opinion, membership in a particular social group, religion, nationality, or race. I do not encourage the filing of asylum cases without base. Applications for political asylum are being turned down at a higher rate these days by the U. S. government, and can serve as the basis for removal proceedings at a later point. If there is a marriage after removal proceedings have begun, it is appreciably harder to obtain residence status through marriage at that time. Where there is a final order of removal, the chances of reopening based upon marriage to a U. S. citizen are slight.

2. Immigrant Visa Applicant Wants to Enter U. S. at San Francisco Instead of New York with Corresponding Change in Mailing Address for Green Card – How To Do It?

I had an interview for the green card with the American consulate in Guangzhou to 2 months ago and received my immigrant visa. I am preparing to journey to America, but wish to change my destination from San Francisco instead of New York. Do I have to clear this with the U. S. Consulate since I put down the address in New York as the place where my green card should be sent? Or can I just notify the U. S. immigration officer at the airport of my new address? Do I have to live with my sponsor?

Dear reader,
The port of entry does not have to be the same one corresponding to the address that you put down on the DS-260 on where you will be going in the US. You can talk to the Customs and Border Protection inspector that you meet stating that you want to change the address for the green card. You do not have to necessarily live in the same state as the sponsor unless the sponsor is your spouse. For employment-based cases through labor certification in which you are expected to work for a certain employer, your residing in an area not within commuting distance to the employment could raise suspicion that you do not intend to work for the sponsoring employer and give you problems accordingly.

3.Green Card Through Employment With Fake Name – Can I Sponsor Sister Since I Am U. S. Citizen Now? 

I came to the U. S. in the 1970 with a false passport and name, and later got my green card through labor certification as a cook using the passport and a false certificate of birth. I’ve been a U. S. citizen. My sister just got divorced in China, has a 3-year-old daughter, and now wants to leave China and come to the U. S. She has been asking me to petition for her and I wonder whether my doing so will get me into trouble. For example, will the U. S. government look through my immigration file when processing my sister’s case?

Dear reader,
The Department of Homeland Security is continually updating forms and procedures in the quest for higher security and there is no guarantee that it will not look into your file in determining your sister’s eligibility. I note that the F-4 sibling category under which you are thinking of applying for your sister currently has a backup date of 5/8/04 for all of the world except for natives of India, Mexico and the Philippines for the month of August 2017. That means that it is taking approximately 13 years for a person to immigrate under the category. If your sister has other ways to immigrate, e.g. labor certification or investment, that might be a quicker way for her to enter the U. S. rather than waiting on your petition.

4. Case Denied in May Because We Moved And Did Not Receive Notices From Immigration – What To Do? 

I am a U. S. citizen and applied for my father who came to the U. S. 5 years ago under a visiting visa. After filing the I-130/I-485 package, we received a request for dad to go and take fingerprints and photographs in January 2017, and since then heard nothing from U.S.C.I.S. We checked the U.S.C.I.S. online status system, but the message was always the same that it had received the application in November 2016. We recently checked by telephone with the U.S.C.I.S. National Customer Service Center and were told that dad had been sent a request for birth certificate in February and after not receiving the document, U.S.C.I.S. had denied his adjustment of status application in May. Maybe we did not receive these notices because we moved in February, though we did send in the AR-11 address change notice. What can we do now?

Dear reader,
It would appear that it is too late to consider filing a motion to reopen or reconsider under form I-290B as a motion would be due within 30 days of the U.S.C.I.S. decision. You and your father could schedule an Infopass with the local U.S.C.I.S. office to explain the situation and see whether the Service can reopen under its own authority. If not, you and your father can refile the entire I-130/I-485 package once again with new fees – this time with your father’s proof of birth. Please note that if you receive an approval on the I-130 petition (that is not dependent upon your father’s birth certificate), you would not have to file another I-130 petition and could simply append the I-130 approval sheet to the I-485 application. Good luck!

Q&A’s published on Lawyers.com and the Epoch Times – 10/13/2017 1. Can I Take A Short Course On B-2 Visa? 2. Can One Apply for I-140 on H-4 EAD? 3. Illegal Immigrant

1.Can I Take A Short Course On B-2 Visa?

I am legally in the US until December and would like to complete a short course in nail and make-up. Can this be done on a B-2 visitor’s visa?

Mr. Lee answers:
Although US law does not allow B-2 visitors to study during the time that they are in that status, a short course in nail and makeup would be an exception to the rule if it is a casual, short-term class and does not lead to certification at the end.

2. Can One Apply for I-140 on H-4 EAD?

Scenario is 1. Applied for perm before 6th year H1 expiration 2. changed to H4 and H4 EAD 3. Currently on H4 EAD as spouse has I-140. 4. If perm approved in 2-3 months while on H4 EAD, can one apply for I-140? Or should the person convert to H1 and then apply for I-140? 

Mr. Lee answers:
Whether you are H-1B or H-4 on an EAD makes no difference in your organization filing an I-140 preference petition for you. The I-140 petition mainly adjudicates whether the category under which the organization is requesting you under, e.g. EB-2 or EB-3, is appropriate to the type of position and requirements which are being requested in the PERM application; whether you are qualified for the position as stated by the requirements of the PERM labor certification; and whether the employer has the ability to pay you the prevailing wage which is indicated on the PERM application.

3.Illegal Immigrant

I am an illegal immigrant who’s been in the state of CA since the age of 3 (I am now 26). My fiancée is a US citizen and we were trying to figure out if it would be better to get married here in the US, or in Mexico, where we are planning to move for as long as it takes for me to obtain some kind of legal status.

Mr. Lee answers:
You would most likely be better off being married in the state of California since a return to Mexico would bar you for 10 years from the U. S. because of your unauthorized stay since the age of 3. If you marry in Mexico and your wife files for you, you would have to be denied an immigrant visa, told to file for a waiver, and then have to file for and receive an I-601 waiver before you could return to the States. Such waiver would be based upon establishing extreme hardship to your wife if the waiver was not granted and you had to stay in Mexico. If in the States, you could file for an I- 601A provisional waiver which you could wait for and see the result of before making a decision to leave the country.  The criteria for waiver would be the same as with an I-601 – hardship to your U. S. citizen wife if the waiver is not granted. Assuming that the I-601A is approved, your consular processing would in all likelihood be normal. 

Q&A’s published on Lawyers.com and the Epoch Times – 10/06/2017 1. Is There Any Way to Stop Deportation With Two Felonies On Your Records? 2. While Filing Form I-130, Should We Use Both of His Last Names or Just The One I Took? 3. US Custom Law for Importing Used Goods for Sale in the US

1. Is There Any Way to Stop Deportation With Two Felonies On Your Records?

My husband was detained by immigration on Feb. 11, 2016.  He has two drug felonies on his record.  Is there any way to stop deportation? 

Mr. Lee answers:
Usually one drug felony is enough to bar a person permanently from the US. Two drug felonies would be tremendously problematic. You should bring all of his criminal court records along with his immigration history file to an immigration lawyer to obtain his or her opinion as to what if anything can be done to help your husband.

2. While Filing Form I-130, Should We Use Both of His Last Names or Just The One I Took?

I’m filing the I-130 with my husband for citizenship, he has two last names on birth certificate and etc and when we got married we decided to take one. He still has two last names. 

Mr. Lee answers:
In filing the I-130 petition for your husband, you should put down both last names are which on the birth certificate for your husband. At some point or other, your husband’s immigration paperwork has to match the name on the birth certificate. Whether you decide to take only one of his last names as your married name likely makes no difference, but truncating his last name on his own papers might cause a problem.

3. US Custom Law for Importing Used Goods for Sale in the US

I have bought two cameras and a lens from Amazon over a period of two years (in 2014-2015) for personal use, their current total value is approximately less than $2000. When I bought them I paid sales tax, and I have used them for the duration of owning them. I’m now currently traveling to the USA and I’m considering selling them on eBay or through a trade in program at a camera store. Legally, can I sell them back in the US? Must I declare them? What does the law say? 

Mr. Lee answers:
I do not believe that the casual sale of two cameras and a lens that you acquired over a period of two years would be prohibited by law. I also do not believe that you would have to declare anything from the sale inasmuch as the amount of profit would probably not be enough to compel you to file a tax return. I am not aware of any law in the area as my area is immigration law, and am only giving you a common-sense answer.

 

 

Q&A’s published on Lawyers.com and the Epoch Times – 09/29/2017 1. Can I File for Green Card, Being Considered As a U.S. Resident Alien As Per Internal Revenue Service (IRS)? 2. Can A Person Carry and Bring a Large Sum of Money? 3. What Do We Do After We Submit the Adjustment of Status Forms for a K-1 Visa Holder? 4. If I Marry An Immigrant, Do They Have to Live in The U.S.?

1. Can I File for Green Card, Being Considered As a U.S. Resident Alien As Per Internal Revenue Service (IRS)?

Mr. Lee answers:
Being a permanent resident for purposes of U. S. taxes is not the same as being a permanent resident in the eyes of the Department of Homeland Security. You would have to qualify under a recognized basis such as family relationship, employment-based immigration, asylum, investment, etc. 

2. Can A Person Carry and Bring a Large Sum of Money?

Does a person carry and bring money from Hawaii to California have to pay taxes to IRS before it leaves Hawaii and gets to the owner in California even though the owner still hasn’t received the money yet.

Mr. Lee answers:
The U. S. generally does not tax individuals for bringing in their own money. The U. S. taxes income and other gain made by individuals who are considered residents for tax purposes or who have made money here in the United States. Under U. S. law, any amounts which are brought into the U. S. from overseas $10,000 and over in cash or negotiable monetary instruments must be declared to U. S. Customs and Border Patrol upon entry. Travel from Hawaii to California is within the United States and any monies originating in Hawaii should not have to be declared. 

3. What Do We Do After We Submit the Adjustment of Status Forms for a K-1 Visa Holder?

The application has been submitted and confirmed delivery by USPS to the Chicago USCIS office. But that was at the end of last week and the end of this week is the end of the 90-day period to get married and apply for the green card. As we have no received a call or email about the alien number, we are wondering if we did everything correctly and should just wait… or did we miss something? 

Mr. Lee answers:
As long as you were married within the 90 days and you have now submitted the I-485 adjustment of status package to the Chicago lockbox of U.S.C.I.S., you probably did everything okay. You can generally expect a receipt from U.S.C.I.S. approximately 3 – 4 weeks after submitting the paperwork. U.S.C.I.S. does not have instantaneous action to send a receipt and for you to receive it within a week in adjustment of status situations.

4. If I Marry An Immigrant, Do They Have to Live in The U.S.?

My boyfriend currently lives in Brazil and we would like to get married. He doesn’t want to become a citizen but he would like to live here as a resident but still be able to visit his family every year in Brazil. If we get married, does he need to stay here for a certain amount of time before returning home? 

Mr. Lee answers:
Permanent residents must make the United States the country of their permanent domicile. Under US immigration laws, green card holders should stay in the country for at least six months out of every year. A person who immigrates does not have to spend any time here before going home. The U.S. entry stamp on the passport will allow the individual to travel in and out of the United States until the green card arrives. However, it should be noted that in a marriage case, it would be very suspicious to Immigration if the alien was to travel back and spend much time in the home country without the US citizen spouse. Such could cause great concern about the bona fides of the marriage.

Q&A’s published on Lawyers.com and the Epoch Times – 09/22/2017 1. DACA 2. How to Apply for My Husband to Come to the U.S.? 3. What Will Happen If I Withdraw My Green Card Application Before the Interview?

1. DACA

Would my renewal be denied if I haven’t renewed my DACA working permit over a year? I have no criminal or bad records at all. I work and go to school.

Mr. Lee answers:
DACA was terminated by the Trump administration on September 5, 2017, with a proviso that cases could continue to be processed for individuals who filed an initial or renewal request for DACA and employment authorization by September 5, 2017, or filed a renewal request by October 5, 2017 if their statuses expire between September 5, 2017 – March 5, 2018. As you do not appear to fit within either of these categories, your DACA renewal at this time would most probably be denied.

2. How to Apply for My Husband to Come to the U.S.?

I got married with a foreigner overseas and I am pregnant now.  I would like him to come here to the USA and to attend his baby’s delivery and get his green card too.  W got married on November 14, 2014 and I have been going back and forth to visit him.  I don’t have a job at this moment and he is the one providing the support for me.  I would like to know if he can be approved to come here with me.

Mr. Lee answers:
I assume that you are a US citizen or permanent resident of the US. You can sponsor him on form I-130 petition for alien relative and once approved, have him go through consular processing for an immigrant visa interview at the US embassy. On the question of support, you would have to fill out the I-864 affidavit of support form, but if you do not have enough to support him financially, you can have a relative or friend of means be a cosponsor and guarantee on another form I-864 that he or she will support your husband at the time that he comes here. Unfortunately I doubt that the paperwork will clear in time for him to attend his baby’s delivery.

3. What Will Happen If I Withdraw My Green Card Application Before the Interview?

I am an international student on F1 VISA. I started my PHD at the University of Florida. I dated a girl there 2.5 years until I had to move to University of Michigan since my boss moved. I had to give up 3 years of work and start over in the lab if I would have stayed.  We were so much in love, when I was leaving Florida my girl friend said we should get married and live apart until I finish my degree and then live together.  I love her so much that I could not say no to her even I knew that it is so hard to maintain long distance relationship.  So we got married and I applied for green card.  I just had my finger print taken a month ago.  In the mean time I met a girl and fell in love in two weeks.  I am trying so hard to get rid of her from my mind but totally helpless and my wife can sense it and we are having fight so much. What to do?

Mr. Lee answers:
You appear to be in a position to choose, and it would seem that the choice is between staying with your wife and perhaps obtaining the permanent residence or going with your new infatuation. This is a choice that you would have to make yourself dependent upon the feelings in your heart. 

Q&A’s published on Lawyers.com and the Epoch Times – 09/15/2017 1. Immigrant Visas for Father and Stepmother 2. My Citizenship Was Denied. Is It Worth Appealing My Case? 3. How to Apply Student Visas for My 10 Years Old Nephews?

1. Immigrant Visas for Father and Stepmother

I’m a natural born Filipino and became US citizen, Can I apply a petition to my step mother at the same time together with my father? They are legally married before I came in the USA.

Mr. Lee answers:
The rule on petitioning for a stepparent is that the marriage between the natural parent and the stepparent be celebrated before you reach the age of 18. If such was the case, you can apply for your stepmother at the same time with your father. If not, you can only apply for your father.

 2. My Citizenship Was Denied. Is It Worth Appealing My Case?

My citizenship was denied on the basis that my husband and I were not living together. My husband was in the military when we got married.  He came out august 2014 and went to school in September the same state he had worked in. the intention was for me to move to the state he was but then that December I got a diagnosed with a health condition that required treatment 3 times per week. I did not want to burden my husband my sickness and told him to continue with is schooling while I stay in my state and get treatment. We sort of got use to been apart. He did not visit often but we took a vacation couple month ago.

Mr. Lee answers:
I assume that you applied for citizenship on the basis of three years instead of the normal five based on the fact that your husband is a US citizen. The three-year route has a mandatory requirement that you reside together at all times during the three years (short breaks may be acceptable). In your case, you have stated longer than short periods of separation. It would not appear to be worth appealing your case. You should file under the five-year route which does not require that the couple reside together very closely.

3. How to Apply Student Visas for My 10 Years Old Nephews?

I am an aunt wanting to apply for visas for 2 kids under 10 to study in the USA from Mexico.  Do I have a chance?

Mr. Lee answers:
It is difficult under any circumstance for consular officers to give student visas to children under the age of 10 to study in the US. That is because there is less assurance of a finite date for the end to their studies and the return to the home country when the children are so young. It would help if the children are from a wealthy family and you are wealthy yourself.

 

 

Q&A’s published on the World Journal Weekly – 9/10/2017 1. Can We Still Do Fiancée Visa After Getting Married in Taiwan? 2. What to do About the FNU on My Visa? 3. What Should I Do if My F-1 Change of Status Has Been Filed Without Results Since January 2017? 4. Can My Wife Get the H-4 Visa Stamp While I Am Processing An H-1B Transfer to A New Company?

1. Can We Still Do Fiancée Visa After Getting Married in Taiwan?

We decided some time ago that we would get engaged, do a K-1 fiancée visa (I’m a U. S. citizen), she would come over, and we would get married within 90 days. We wanted to do the fiancée visa because that is shorter than filing directly for the green card. However, our families in Taiwan are now objecting and want to have a big marriage in Taipei in September. I know from looking at Immigration’s processing time that we will not even be close to having the K-1 petition decided by that time. Can we go ahead with the wedding to satisfy our families and still continue processing the fiancée visa?

Dear reader,
A K-1 fiancée visa presupposes that there is no recognized existing marriage. In this case, where there will be a legal Taiwanese marriage, such will prevent you from obtaining a K-1 visa. In such case, the proper way to do it is to have your wife file and I-130 petition and once approved, go through consular processing at the AIT.

2. What to do About the FNU on My Visa?

My U. S. visa has the words “FNU” for my first name and both my first and last names in the place for my family name. What am I supposed to do to straighten out my name?

Dear reader,
FNU means “First name unknown.” If you filled out the visa application correctly with your first and last names appearing where they should have appeared on the visa application form, such a mistake would be on the part of the consulate or embassy. You should take the visa back, explain the mistake, and request the cancellation of the visa and a new visa with your correct name and without the FNU.

3. What Should I Do if My F-1 Change of Status Has Been Filed Without Results Since January 2017?

I came to the U. S. as a visitor under B-2 visa in September 2016, was given 6 months to stay, and filed for a change of status to F-1 student in January 2017. Since then, I have heard nothing after getting a receipt in February. Should I be worried? Is there anything that I can do? Is this normal? Please note that my financial sponsor is my father and he has been overseas for the past 2 months.

Dear reader,
Applications for change of status to student are being adjudicated with dates of receipt of 1/9/2017 at the Vermont service center and 4/16/17 at the California service center. Cases are being transferred from one center to another dependent upon the workload in a service center. If your case is being adjudicated by Vermont, it is not current. If in California, you should receive an adjudication or other correspondence soon. You can check your receipt and any correspondence that you have received from U.S.C.I.S. to determine where your case is at. If in the California service center, you can communicate with U.S.C.I.S. at its 1-800 number, 1-800-375-5283. The fact that your sponsor is your father should not have a negative impact on your case.

4. Can My Wife Get the H-4 Visa Stamp While I Am Processing An H-1B Transfer to A New Company?

I got the news from the company that sponsored my H-1B that it would not sponsor me for the green card, and so I started looking for another company. Now the new company has started sponsoring for my H-1B transfer. It is now close to the time of the first H-1B anyway. My wife had to go back to Hong Kong recently because of health problems with her mother. She will need to have a new H-4 visa to come back. Do you think that she can get a new H-4 visa when I am in the middle of the transfer process?

Dear reader,
If you are still with your old company, I do not see that your wife would have a problem with the H-4 stamping on that issue. However, if you have already transitioned to the new company, the consular officer may ask your wife to wait until your situation is resolved before issuing her the H-4 visa.

Q&A’s published on Lawyers.com and the Epoch Times – 09/08/2017 1. Fiancé Visa 2. Can Dependent Work with EAD and EB-1 I-140 in RFE Status? 3. How Can My Boyfriend Get a Visa to Come Visit Me in the US?

1. Fiancé Visa

Do I need to obtain a fiancé visa to marry my fiancé who is a British citizen in the US? We both divorced last year.

Mr. Lee answers:
If the alien is in the United States, a fiancé visa is not required. You can move directly to filing for the green card. A fiancé visa is utilized where the alien is outside the United States.

2.Can Dependent Work with EAD and EB-1 I-140 in RFE Status?

I am in H-1B status. I got my green card applied through my company in EB-1 category 1.5 yrs before. Also have received employment authorization card (EAD) and advance parole (AP) for myself and dependents. In this situation my I-140 went to request for further evidence (RFE) status. Would like to get some suggestions that whether my dependent can work with EAD. If yes, the what will happen to H-4 status. Can anyone help me to proceed further? I am happy to discuss with a legal adviser, please help me to get the amount I need to pay to get these info

Mr. Lee answers:
I assume that you filed form I-485 applications to adjust status for yourself and all members of your family. The EAD’s are based upon the I-485 filings. As long as the I-485 applications are still pending, you and your dependents are still entitled to work authorization. I do note that dependents working with an EAD in your family’s circumstances would be in violation of their H-4 statuses by virtue of their working. They would then be depending upon the status that they receive from the I-485 applications.

3.How Can My Boyfriend Get a Visa to Come Visit Me in the US?

My boyfriend and I met online 13 months ago I have never met him in person but we have had video chats, he wants to come here so we can get married, but we don’t know how to go about it.

Mr. Lee answers:
I will assume that you are a US citizen for purposes of your question. Under US law, a K-1 fiancé visa can be given to a foreign national where there is a bona fide relationship and the parties have met within the past two years. Rather than concentrating on having your boyfriend come here to visit, you should perhaps consider going and visiting him in his home country. If the fiancée visa is ultimately approved and he enters the US, you would have to marry within 90 days of his entry.

 

 

Q&A’s published on the World Journal Weekly – 9/3/2017 1.I Did Not Register for Selective Service. Am I Eligible for Naturalization? 2.Are Translations in Chinese Required for Consular Interviews in Guangzhou? 3.Checked the Immigration Online System, but Have Not Received the RFE Sent by U.S.C.I.S. – What Can I Do? 4.What Are the Chances of My Girlfriend Getting a Visiting Visa to the U. S.? 5.When Will I Get My Naturalization Interview?

1. I Did Not Register for Selective Service. Am I Eligible for Naturalization?

At the time that I adjusted my status to permanent residence at the immigration office in Chicago, no one told me that I should register for Selective Service. Now I am too old to register (28) and wonder whether this will affect me a lot if I try to apply for citizenship now. What should I do?

Dear reader,
The policy manual of U.S.C.I.S. says that those who are over 31 years of age and did not register for Selective Service are eligible for naturalization even if they knowingly and willfully failed to register. Applicants between 26 – 31 may be ineligible and U.S.C.I.S. would allow the applicant an opportunity to show that he did not knowingly or willfully fail to register or that he was not required to do so. Applicants under 26 years of age would be generally ineligible (as they still have time to register). In your case, if you wish to apply now, you should obtain a status letter from Selective Service (for more information, go to www.sss.gov or call 1-888-655-1825) and write out the reasons for which you did not register along with your lack of knowledge of the requirement and submit such with your application (U.S.C.I.S. prefers a typed or printed statement). Otherwise you can wait until age 31 at which time not registering will no longer be an issue.

2. Are Translations in Chinese Required for Consular Interviews in Guangzhou?

My father is petitioning for his sister who is in China, and has documents in Chinese to further show that she is his natural sister. They were both born in a remote place in China where much documentation was not available. Do the documents have to be translated into English? The I-130 petition was approved many years ago.

Dear reader,
The National Visa Center (NVC) confirmed recently that translations are not required on documents if they are in the official language of the country in which the person is applying for the immigrant visa. Where there are translations, the translations must include a statement by the translator that the translation is accurate and the translator is competent to translate. The NVC notes that some embassies or consulates may have additional requirements, and applicants should always follow the documentary instructions on the Embassy or Consulate’s interview instructions.

3. Checked the Immigration Online System, but Have Not Received the RFE Sent by U.S.C.I.S. – What Can I Do?

My wife filed an I-130 family petition for me, and in checking the U.S.C.I.S. online status screen understand that U.S.C.I.S. sent her a request for evidence (RFE)  last month. We never received anything. What are we supposed to do?

Dear reader,
The first recommendation is to contact the National Customer Service Center of U.S.C.I.S. at 1-800-375-5283.  Your wife should indicate that she did not receive the RFE even though the online case status system shows that the RFE has been sent, and request a duplicate RFE. If there is no response within 30 days, she should send a follow-up email to the service center which is holding the case including the SM RT number in the follow-up email that she would hopefully have received from first communicating with the National Customer Service Center. She can also try an Infopass with the local U.S.C.I.S. field office to see whether it can access and print out a copy of the RFE for you.

4. What Are the Chances of My Girlfriend Getting a Visiting Visa to the U. S.?

I am in the U. S. with a green card and my girlfriend (35) who is from Malaysia is presently working as a nanny in Singapore. One of her friends just got a touring visa to come to the U. S. She is thinking about making an application. What are her chances?

Dear reader,
Tourist/visiting visas are given in the discretion of the American consulate. Your girlfriend’s situation does not appear to be promising for tourist visa, but she can try. She would have to convince the American consular officer that she has sufficient ties and bonds outside the United States that she will not stay along with sufficient monies to support herself without working during the period of visit.

5. When Will I Get My Naturalization Interview?

After filing for naturalization, I received my biometrics appointment in March 2017. Now I am just waiting for the interview notice from U.S.C.I.S. I am in Philadelphia.

Dear reader,
From looking at the U.S.C.I.S. processing time chart, it appears that naturalization interviews in Philadelphia are being scheduled between 11-12 months from the date of submission. As fingerprints are usually taken approximately 1-2 months after submission, I assume that you filed in January or February 2017. Assuming that the processing time chart is accurate and that this is a normal case, you could expect to be called for an interview within the 3 – 4 months.