Category: Q&A

1. H-1B Filing for New Cap

I initially came on H1 Visa in 2005 and went back to my home country in 2010. 4 years of my visa was used. Recently I have claimed the 2 years and back in US, which is valid till July 2018. My question is, can my company file for a new H1 (Uncapped) for 2018, while I am still working for them with the 2 years (renewed cap exempt visa).

Mr. Lee answers:
Unless there are extenuating circumstances such as 365 days passing since a labor certification application was submitted or an I-140 preference petition being approved for a person from a country with backlogged quota, you would not be able to extend the maximum six-year period on the H-1B visa by having your company file for a new H-1B (capped or uncapped) in 2018.

2. Married to US Citizen But Thinking to Divorce

My sister is married to US citizen for 2 yrs and received her green card (expires in 2 yrs) recently. They have many issues and she is thinking about divorce but not sure what will happens to her residency?

Mr. Lee answers:
Your sister could still obtain her permanent card if she divorces and is able to prove to U.S.C.I.S. that she had a bona fide marriage to her husband prior to the divorce. If so, she should collect and hang on to all documentation showing that they have been living together. These would include items such as copies of leases or deeds, rent receipts, utility bills, banking statements, telephone bills, cable bills, credit card bills, car, life, or health insurance, etc.

3.Looking for An Immigration Lawyer Near Elko, NV

We are looking for an immigration lawyer that can help my fiancé get her son’s papers so that he can be here with us in the states permanently…he lives in Mexico.

Mr. Lee answers:
Persons looking for immigration lawyers do not have to look for lawyers in their immediate vicinity. Immigration law is such that most cases do not require a lawyer within a proximate area. For the type of case that you are talking about, the petition would not go to a local immigration office, but to one of four U.S.C.I.S. service centers after first being receipted by a lockbox facility in Texas. Following a service center approval, the son’s case would be shuttled for further processing at the National Visa Center in Portsmouth, New Hampshire, before being sent for consular processing to the American Embassy in Mexico City or Consulate in Ciudad Juarez.

 

 

1. Reader Wants Legal Services Quote for Naturalization Case

I have been in the U. S. for over 10 years, the last 5 with a green card. Because of all the talk against immigration with this administration, I have decided to go for U. S. citizenship to be safe. Please give me a ballpark figure on what it would cost me if I went through a lawyer.

Dear reader,
Most naturalization cases without complications and without requiring interview appearances by attorneys are less than $1000. U.S.C.I.S. charges $725 unless there is a request for fee waiver or fee reduction.

2. Came to U. S. As a Visitor, Applied for F-1 Student Change of Status, Now 6 Months Without Decision – Anything to Do?

I came here in September 2016 as a B-2 visitor, and made an application to change my status to F-1 student in January 2017. I received a receipt, but so far that is all. I was given 6 months to stay, and that expired in March, but I’m still waiting at this time. What can I do?

Dear reader,
According to recent U.S.C.I.S. policy, B-1/B-2 holders wishing to change status to F-1 student must maintain status through extension of B-2 until the time that U.S.C.I.S. makes the decision on the F-1 change of status application (U.S.C.I.S. notice, “Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School” dated 4/5/17). You would have to file for a late extension at this time, but such can be excused and favorable discretion exercised where the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner and the Service finds the delay commensurate with the circumstances; the alien has not otherwise violated his or her nonimmigrant status; the alien remains a bona fide nonimmigrant; and the alien is not subject to deportation proceedings or removal proceedings. Here the extraordinary circumstances may be that the change of policy by U.S.C.I.S. came about after your status expired; the delay may be commensurate with the circumstances if you did not know of the new policy until now and put in a quick request for extension; and you have hopefully not otherwise violated your nonimmigrant status; and are not the subject of deportation or removal proceedings.

1. Can We Get a Green Card in Spite of Our Removal Proceeding Case?

Our son petition us and was approve by INS. My husband was in custody due to illegal stay. He was released and judge closed the case subject to re-calendar. When my son reached 21 years old he petitioned us and was approved by INS. However, when we applied for green card approval was pending until judge clear us of removal proceedings. We hired a lawyer and a request to re-calendar the case was made. This has been submitted two years ago but of this date no action from the judge. Please advice any measure to take to expedite papers. We have been in the country for 24 years. We are not a terrorist, we are not a criminal. We are working here productively and pay our taxes. Our only fault is overstaying in this country.

Mr. Lee answers:
It appears that the immigration judge was sympathetic in having your husband’s case administratively closed until your son reached the age of 21 so that your son could then petition for both of you and the judge would be able to grant some form of relief. The delay in re-calendaring the case is likely because immigration courts these days are tremendously backlogged with hundreds of thousands of cases and the dates for hearing are being scheduled further and further down the road. If your lawyer has not done so, he or she should keep reminding the immigration court of the request to re-calendar your husband’s case. Your attorney can also communicate with the ICE attorneys to see whether they can push the court.

2. Will I Have Trouble Entering the Country/Extending My Visa?

If you have been given a citation for a possession of a false ID (you have not been arrested, fingerprinted, or processed) and you get your case dismissed then expunged in court. Will it affect reentering the country or getting my visa extended? I am a foreign citizen here on an F-1 and plan on getting the F-1 renewed one last time.

Mr. Lee answers:
If your case was dismissed and then expunged in court, you should still be able to reenter the US under an F-1 visa. Even if you had to have the visa renewed at a US consulate or embassy overseas, you would likely not have a problem as the visa application form asks about arrests and convictions, not citations,  and according to you, you were not arrested or even fingerprinted.

3. Derivative Beneficiaries’ Financial Sponsor

My US citizen brother was sponsored me for us immigration visa and I got my interview letter in September 2016 including my wife and my 10y daughter (both are derivative beneficiaries) but some personal family issues my wife and daughter was not came with me for interview. I got visa alone and now I am lawful permanent resident here. My wife and my little daughter case is still open and ready for interview but my brother is not want to both come here. He asks me to submit new petition by yourself. My brother already submitted I-864 to all my family when NVC asked. I missed my wife and daughter here and same my wife and daughter missed me in India i am working (job) in USA but my income is low because i am new here. My question is that can i use other joint affidavit of support for this current case or submit new petition again on by my behalf for my wife and my 10y child in F2A category and also let me know how much time to take interview after new petition file.

Mr. Lee answers:
To use your brother’s petition for your family’s immigration, he would again have to be the I-864 affidavit of support sponsor. You would not be able to use somebody else’s affidavit of support in lieu thereof. You can submit your own petition for your wife and your child under the F-2A category and the processing time will probably be approximately 2 years. For that, you would give your I-864 affidavit of support and if not enough, you would be able to present a cosponsor as long as the co-sponsor’s affidavit of support appears to be credible to an interviewing U.S. consular officer.

1.Missed My Naturalization Interview

Missed my naturalization interview, but I have contacted the USCIS multiple times before the interview. Now I am told to contact them within 30 days. Recently I had received a letter that request me to give an explanation for my failure to appear at the naturalization interview, otherwise my case will be closed. Weeks before the interview I had submitted documents in the federal building to explain my situation, and the documents has been stamped. I had also called the USCIS in regard to the documents I submitted and I received a Referral ID to prove that I had contacted them. Upon my second visit to the federal building, the assistant from the office said that it will be safe for me to miss the interview because my documents were stamped by the office. I was told by her that the USCIS will contact me in 3 months for a new test date. Despite all my efforts, I received the letter that I mentioned in the beginning. I am out of the country and would not be able to appear in the federal building within 30 days, I had tried to call the USCIS office and were unable to reach an operator. Any suggestion will be greatly appreciated.

Mr. Lee answers:
What happened to you is unfortunately more than an irregular occurrence. Missed appointments occasionally result in tremendous delays in having appointments reset, and even worse, sometimes denials. I suggest that you immediately respond to the letter along with giving copies of the documents that you previously submitted to the federal building to explain your situation. In your letter, you can also reference all the times you’ve been in contact with U.S.C.I.S. concerning the issue. With any luck, you will be rescheduled soon. 

2.Can I Hire Another Lawyer?

I have a green card and my husband too, I apply for my daughter but they denied her case, I want to take another lawyer that can help. My daughter have already social and work permit.

Mr. Lee answers:
You are of course free to choose another lawyer for your daughter’s case. The proper course would be for you to make an appointment with the other lawyer and bring all the paperwork including your daughter’s denial so that the lawyer can make an accurate assessment of what is happening with your daughter and exactly how he or she can help out. 

3. Asylum and Student Visa?

I just have few questions for you :
1. My family is here and they haven’t applied for asylum. And they are about to.
2. I still have a valid tourist visa but I’m about to convert it into a student’s status.  Will it affect me ?

Mr. Lee answers:
If you decide to go on your own path and not join the request for political asylum, your application to change status to student would be adjudicated on its own merits.

1. Can My Husband Apply for Any Type of Visa After Being Deported?

My husband is going on four years next month after being deported. Can or is there any way of getting him a temporary visa?

Mr. Lee answers:
A person who has been deported is barred from coming back to the US for 10 years unless the person has advance permission to return by the Department of Homeland Security. However, there is a chance that a person applying for a nonimmigrant visa may be allowed an opportunity to enter temporarily by a consular officer who would recommend a temporary waiver to the Department of Homeland Security. The decision would be made by U.S.C.I.S.’s admissibility review office taking into consideration among other factors the person’s record, reason for travel, favorable factors, danger to others and threats to national security.

2. Affidavit of Support

I’m a US citizen and am planning to file for permanent residency for my mother. I can’t provide her with affidavit of support. She has a friend who’s willing to provide her with affidavit of support. Does that mean that I don’t fill out affidavit of support form at all or do I need to fill it out and show income as 0$? I’m a stay at home mom, but my husband’s income is sufficient. He’s not willing to carry a responsibility for my mothers financial needs.

Mr. Lee answers:
Regardless of whether you have income or assets, you must fill out the affidavit of support. If you have no income, you can explain such. Your husband is not obligated to support your mother. Your mother’s friend can provide her with a cosponsor’s affidavit of support. 

3. Employer Visa

My fiancé has a passport an ID and an ITIN number and a man that we know has his own business and wants to know how he can help my fiancé apply for a work visa.

Mr. Lee answers:
Just because your fiancé has a passport, ID, and ITIN does not mean that he has the right to work. The business owner that you know may run afoul of the immigration laws on illegal employment if he hires your fiancé if your fiancé is not authorized to work. You may wish to have your fiancé meet with an immigration lawyer to go over whatever options that he has pertaining to his ability to obtain work authorization or any other immigration benefits in the US.

 

1. Will Cosigning a Lease Agreement for an Undocumented Immigrant Cause Me Problems?

I have a good friend who is an undocumented immigrant, and wants to lease a house near me. He does not have good credit, however, and the landlord is asking for him to have someone cosign on the lease. I am happy to do it, but I’m afraid that that will get me into trouble with the immigration authorities as helping someone who is undocumented to stay here. Can I really get in trouble for cosigning a lease.

Dear reader,
In the current atmosphere of fear brought on by the Trump administration’s attack on immigration, it is difficult to state whether a harboring charge would be brought for putting someone’s name on an undocumented immigrant’s house or apartment lease. Attorney General Jeff Sessions recently released a memorandum on April 11 that aims to make it a felony for anyone including a U. S. citizen to “assist” someone who is remaining in the U. S. without permission. He is encouraging federal prosecutors to bring charges against a whole variety of people and situations. The question is how far the administration wants to go, the effect of activist resistance, and the reaction of the courts.

2. Do I Have to File for H-4 Extension for My Wife When I File for My H-1B Extension?

My H-1B petition with my first employer expires in September 2019 and both me and my wife received H-1B/H-4 visas good until that date. I am parting with my first employer and the prospective employer will file for my H-1B transfer and extension very soon. For some reason, my wife’s electronic I-94 only appears to have been valid until February 2017. At this point, should we ask for an extension for her at the same time that I am asking for the transfer and extension? Can you tell me what happened to my wife’s I-94 and what is the best solution at this time?

Dear reader,
Most individuals receive a “short”I-94 when they enter the airport with a passport with less validity time than the H-1B visa. If your wife has a passport with validity date of 6 months past the date of the H-1B visa, perhaps the best solution is that she can go outside the country and reenter and obtain an electronic I-94 valid to September 2019. Her status is dependent upon her relationship with you and not with whatever company or other organization you are with. As such, you would not necessarily have to request an extension for her, although many do it in order to maintain consistency with the spouse’s status.

3. Green Card Holder Marrying U. S. Citizen Wants to Know What to Look Out For

I got my green card close to 10 years ago through marriage to a U. S. citizen. We got divorced last year and I now wish to marry my current fiancé, a U. S. citizen. What procedures do we have to go through? What do I have to do vis-à-vis Immigration? Will there be another interview? We plan to get married in July and my green card expires in September.

Dear reader,
As you already have a green card by yourself, your marriage to a US citizen has nothing to do with the immigration laws. For renewing your green card, you can file an I-90 application at this time for a replacement card. You may also wish to consider filing for naturalization if you are eligible and there are no bars to your becoming a citizen, e.g. crimes.

4. Mother of U. S. Marine Wants to Know If Eligible for Adjustment of Status to Permanent Residence If Sneaked Into the Country.

I was smuggled into the country 15 years ago and left my 8-year-old child behind who was later able to immigrate with his father to the U. S., become a U. S. citizen, and then joined the U. S. Marines. Since coming to the U. S., I have remarried and had 2 more children, ages 10 and 8. My son is willing to help me become a legal resident and has heard that I may be eligible to adjust status in the country without leaving. Do you think that it is true?

Dear reader,
It may be possible for you to be paroled in place since your child is a U. S. Marine. Parole in place is a device for allowing deserving individuals to complete their cases for permanent residence in the U. S. without having to consular process. It is largely confined to the families of U. S. servicemen. The application would first go to the U.S.C.I.S. office with jurisdiction over your place of residence and if recommended by the field office director, be sent to the regional director of U.S.C.I.S. who would then make a final decision on the application. If parole in place is approved, you would be counted as having been paroled into the U. S., which would give you the ability to adjust status assuming that you are not subject to any of the usual bars on people immigrating to the U. S., e.g. crime, membership in disfavored organizations, etc.

5. “I” visa holder wants to know the procedure to apply for a green card.

I am a reporter for a television station in Hong Kong which has sent me to the U. S. under the “I” visa to report the news of the United States. I have already been in California for the past year, and am now interested in obtaining the green card. Is there a special procedure involved? 

Dear reader, 
The “I” visa is only a temporary nonimmigrant visa, and does not directly lead to a green card. If your information media employer overseas has a branch here in the U. S. that wishes to sponsor you for permanent residence, it would likely do so through PERM labor certification. In doing so, the organization would undergo a recruitment process for a U. S. worker able, willing, qualified, and available to fill the position. If a qualifying candidate cannot be found, the organization would file the labor certification application for you with the U. S. Department of Labor. You may wish to speak with your organization to discern the level of its interest in sponsoring you.

6.How to Get Girlfriend Back Her Green Card After Being Deported for Drug Conviction?

My girlfriend had the green card through coming to the States with her parents when she was young. She never naturalized, is now 33 and 4 years ago got herself into a situation with drugs for which she was sent to prison for 2 years and then deported back to China last month. Her family is still here, I am a U. S. citizen, and we have a 5-year-old son. Can she renew her green card? What can we do to get her back to the U. S.? 

Dear reader, 
Your girlfriend in China would find it very difficult if not impossible to come back to the US with a green card. There is no expiration time for a deportable criminal conviction involving drugs. If for drugs involving anything other than 30 g possession of marijuana or less, US immigration laws are tremendously strict against allowing people to come back. If your girlfriend wishes, she could forward her entire criminal and immigration file to an immigration lawyer who could give an opinion as to whether anything could be done.

7. Will I Be Deported for Selling Liquor to a Minor?

I am living in Texas and did a favor for a minor and his buddies by going into a liquor store and buying 2 6 packs of beer for them. The police came and I had to give them my information including proper name, address, and visa status. My visa expired last year. I think it’s a class A misdemeanor and the question is whether I will be deported. What am I facing ? I know it says $4000 fine and one year in jail. Please give me some advice. 

Dear reader, 
As your visa has already expired, you are already removable for having overstayed your legal period of stay in this country. The fact that you have committed a misdemeanor may impact upon any exercise of discretion by DHS or an immigration judge if you are given a notice to appear (NTA) in an immigration court. By itself, the offense does not appear to be a crime involving moral turpitude, but may nevertheless be considered as showing your lack of good moral character.

1. H-1B Extension by Re-filing I-140 with Ex-employer

I left my Employer A on May 07 2012 and went back to Malaysia but still have 5 months left in my H1B after max out calculation. They also filed my GC and went up to I140 stage, but they revoked/withdraw because I left the company. (Revoked on August 30 2012). SRC1200251588 is the receipt number, but submitting a query for notice on USCIS, I received response stating my case was denied but USCIS website shows approval is revoked. Anyhow, I’m out of US and Now the same Ex employer (Employer A) have approached me with a new job offer, I understand that i’m cap exempt since I have not completed full six years but just 5 months is not enough, so would like to know whether the H1B can be extended based on the old PERM based on 365 days rule or by re-filing the revoked I140.

Mr. Lee answers:
As the I-140 has already been withdrawn by the employer and revoked by U.S.C.I.S., it would not appear that you would have a basis to extend the H-1B by refiling the revoked I-140 or using the 365 day rule. You would most likely have to start all over again, especially as the rules on labor certification/I-140 petition filing require that a petition be filed within 180 days of the labor certification approval for the labor certification to continue. In all likelihood, the labor certification cannot be used to support a new petition. In addition, there would not appear to be grounds to reopen the matter inasmuch as motions must be filed within 30 days of a decision and even a timely motion would not be able to name any error on the part of U.S.C.I.S. in revoking the petition. 

2. Citizenship for My Husband

Me and my husband have been married 3 years and have a child. I am trying to help him become legal but I am confused. I don’t even know where to begin.

Mr. Lee answers:
I will assume by the words in your summary that you are a US citizen. If so and your husband entered the country legally and has no bars to immigration such as crimes or fraud, you and he could file papers to U.S.C.I.S. to adjust his status to permanent residence. The basic forms are form I-130 petition for alien relative which would be signed by you, and form I-485 application to adjust status to permanent residence which would be signed by your husband. A complete list of the required forms and documents and where to send them to is on the U.S.C.I.S. website at uscis.gov. If your husband entered the US illegally and does not have the benefit of section 245(i) which allows most undocumented immigrants to adjust status upon the payment of a fine amount of $1000 if they had a labor certification or immigrant visa petition filed by April 30, 2001 and were physically present in the US on December 21, 2000, you could explore the Administration’s I-601A program under which you would file the I-130 petition, and upon its approval, your husband would file for an I-601A waiver of his illegal time in the US. The standard for the I-601A waiver is whether a denial would cause extreme hardship to you. If the waiver is granted, your husband could then arrange for an immigrant visa interview in his home country, which would in all likelihood be normal. When approved for the immigrant visa, he would normally be back in the US within 1-2 months.

3. How Can I Get a Green Card After I Receive My Updated OPT?

I’m single and I have a BA in hospitality.  Is it easier to apply for a green card through my friend if he starts a small business or automatically apply to a company that will file a H-1B?  Or should I be an investor to my friend’s company and apply as an investor towards my green card?  What is the best possible but legal way?

Mr. Lee answers:
Your best path to the green card of the three choices that you present is probably of going through a company on an H-1B and perhaps later being sponsored for PERM labor certification, I-140, and either adjustment of status or consular processing for an immigrant visa.  Small startup businesses by friends more times than not have problems meeting immigration standards for green card sponsorship.  Investment may lead to a nonimmigrant visa (E-2) if your country of nationality has a treaty of navigation and commerce with the US.  However, a smaller size investment does not normally lead to a green card.  Investment green cards are through the EB-5 program which currently has investment levels of $1 million or $500,000 in areas of high unemployment or away from the cities. (I note that EB-5 regional centers have in many cases done away with the two conditions on the $500,000 investment by gerrymandering the project areas in ways to even have investments in affluent parts of cities).

1.My Job Was Terminated While My OPT Stem Extension Application Is Still Pending

Mr. Lee answers:
If your job was terminated while your OPT STEM extension application is still pending, perhaps the best thing to do would be to quickly obtain employment in your field with another employer who is under E-Verify. You should also notify your DSO of your changed circumstances when you obtain your new employment. 

2. RFE for I-539 About Finances

Filed change of Status from F-2 to F-1 on Dec 3rd 2016 and received a RFE on June 8th 2017 asking for finances. I am not sure if they want updated documents because previous documents are more than 6 months old or they want my documents now because they think there are not enough funds or evidence. Last time when I submitted with application I stated my husband would be sponsoring for my studies and gave bank statements from India and also from here now they mentioned in RFE that they complete bank statements of three consecutive months showing all transactions /other cash assets/affidavits from sponsor. I am not sure how can I show transactions for bank account in India as it’s just a fixed liquid amount. Can I add additional sponsor and submit bank transaction statements and affidavit along with my husband’s bank statements here and pay stubs.

Mr. Lee answers:
U.S.C.I.S. may be asking for complete bank statements for 3 consecutive months to ensure that your husband is not merely putting in a large amount of money for one month into his account. If the money is in the account for the 3 months, that is probably good enough even without any transactions in the account. If you wish, you can add an additional sponsor. If you do so, you may consider having him or her submit a job letter and tax return in addition to the bank statements and affidavit that you propose. 

3. Is I-94 Replacement Needed If the Arrival Stamp on the Passport?

Does my mom still need to get an I-94 replacement if she has the stamps of her arrivals in her passport? I’m in the military and filing for my mom. She claims to her recollection, the replacement is only necessary if there isn’t any evidence of your last departure/arrival but they’re all in her passport, stamped. I’m preparing to submit her forms to get her green card and I don’t want to spend an extra $445 for the I-102 if I don’t have to! But if necessary I will.

Mr. Lee answers:
The question is when your mom came to the U. S. The Department of Homeland Security is no longer giving I-94 cards to most people coming into the U. S. Since the last few years, people can access I-94 history and the latest entry by going on the customs and border protection (CBP) website (www.CBP.gov/I94). If your mother came in prior to May 2013 and does not have an I-94, she should file the I-102 with the adjustment of status application. 

1. How to Get My Mother a Green Card?

How hard is it to get my mother a green card? I’m a US citizen over 21 years of age?

Mr. Lee answers:
If your mother has no disabilities, e.g. fraud, misrepresentation, criminal acts, or prior deportations, and if she is overseas, you can file an I-130 petition for her, and she would be consular processed at the American Consulate or Embassy in her home country. If she is here in the US and entered the country legally, you would file the I-130 petition and she would simultaneously file the I-485 application for adjustment of status. If she has none of the above conditions that would prevent her from immigrating, U.S.C.I.S. would likely approve the application. If she entered the country illegally and has been here for over one year, it would become a more difficult situation for her to get the green card. In such case, you may certainly wish to have your mother obtain a consultation with an immigration lawyer.

2. I Lost My Passport, Green Card and Social Security Card

Lost physically documents and also presumably they are expired already. Scare that I will be deported.

Mr. Lee answers:
If you have a green card, you will not be deported just because you lost it. You can file for a replacement green card on form I-90 application to replace permanent residence card. On the passport, you can apply for another one at the consulate or embassy of your country in the United States. Insofar as the Social Security card is concerned, you can call, write, or appear at a Social Security office and should be able to obtain a replacement card.

3. Passport Stamped With “Denied with Prejudice”

Want to marry a person with the passport stamped “Denied with Prejudice”.

Mr. Lee answers:
There should not be a problem marrying a person even with such a passport stamp. The difficulty may be in later trying to sponsor that individual for permanent residence. At that time, either a U.S.C.I.S. examiner (if an adjustment of status application is filed) or US consular official (if consular processing is sought) may be more concerned with the reasons behind the stamp.

1. Divorce Before the Expiry of the Conditional Green Card

I married my girl friend of 3 years last year in August. My girl friend became a US citizen this January and I got my conditional green card in October. After living together for 3 years and being married for one, I can already see our marriage cracking. I don’t think it will survive more than few months anymore due to our differences and career issues. I want to know what can be done at this stage? so we can get out of this stressful relationship and also get my permanent green card, after all we have been together for 3 years and we tried our best to make it work.

Mr. Lee answers:
You can apply for removal of the conditional basis of your marriage-based green card as long as you are able to show that you are divorced and had a bona fide marriage at the inception. You should of course preserve all evidence of your marital life and living together prior to the marriage although I do note that documentation after the marriage is considered much more important. Items such as lease or deed, rent receipts if renting, utility bills, banking statements, credit card bills, health and life insurance, cable bills, etc. along with photographs are prima facie evidence of a marriage. I assume that you would have time by now to gather joint documentation. I note that the burden of proof is upon you to prove a bona fide marriage where you are applying on the basis of having had a marriage which is dissolved.

2. E-2 Visa

My nationality is Portuguese but I’ve got over 15 years living in Spain, with lawful residence permit and a property. Can I apply for an E-2 visa? I’m looking to become self-employed in the US. Portugal is not a treaty country but Spain is.

Mr. Lee answers:
Unfortunately treaty investor visas (E-2) depend upon the person having a passport of the treaty country. Having permanent residence and a property in Spain is not the same and does not qualify you to be considered an E-2 alien of Spain.

3.Extend a B-2 Visa

We came to united state 2 weeks ago as visitors.  We got visas but we want to extend it.  How can we do so?

Mr. Lee answers:
Usually visitors to the US are given six months at entry unless there are other factors in their case, at which time Customs and Border Protection can give a lesser amount of time. If you are indeed given a much smaller amount of time to stay, you should check the entry stamp to see whether there was something written there that would preclude change of status or extension of status. If not, you can extend a period of stay through filing form I-539 Application to Extend/Change Nonimmigrant Status with appropriate fee to the U.S.C.I.S. service center having jurisdiction over your place of residence.