Category: Q&A

1. Can I Get Sponsored by My Job After They Found Out I Have a Bad Social?

I’ve been working at the same job since high school. I used a social security number that’s bad. Now it’s been found out because of the affordable care act. My question is if I can try and get my job to sponsor me and if not what are my best bets? I don’t have any pending charges, felonies, and I have a bachelor’s degree. I also have been with this company for close to 13 years.

Mr. Lee answers: 
Whether your employer will sponsor you is up to it. Doing so would be an acknowledgment that it knows that you are not a permanent resident or US citizen. It may feel an obligation to you for your almost 13 years with the company, but it may also be reluctant if you did not previously inform them of your true status or because of the possibility of immigration fines.

2. How To Prove Physical Presence in USA for Citizenship?

This is just to prove that I have been physically present in the country for a period of time. Employed persons can get an employment letter. How would unemployed people go about it? Can a notary help? eg. signing documents in city?

I am currently renting two safety deposit boxes and access them weekly so the bank has a record. What else can I do? Can i pledge something in front of a notary every two weeks…sign some documents and the notary stamps it with the name of city ?

Mr. Lee answers: 
For citizenship cases, relevant documents to prove physical presence in the US are passports, other travel documents, reentry permits, tax returns, evidence of schooling, past employment, leases with rent receipts, deeds with mortgage statements, banking statements, utility bills, telephone bills, etc. Your having two safety deposit boxes and accessing them weekly is questionable as the bank may not give you your access records. Pledging something in front of a notary every two weeks may help, but a notary’s stamp is not an official government document and some notaries have been known to falsely notarize papers of individuals not in front of them.

3. High Risk to Get Citizenship With Arrest Record?

I was convicted of shoplifting in 2013. I went to court and served a community service for a day. I know that I have to wait at least 5years to apply for it and I got Certificated disposition from court. I wonder it is really high risk to get citizenship with my record? I’m going to hire a lawyer when it’s time. 

Mr. Lee answers: 
The period of good moral character is five years. If you have committed no other crimes and five years have passed before your application for citizenship, it would not be a high risk for you to obtain US citizenship. I assume that the shoplifting occurred after you obtained your LPR status or you disclosed it on your green card application if it happened before obtaining LPR status. 

 

1. Is It Possible to Immigrate If I’m Under 18?

I’m going to finish school next year and I want to move to Pennsylvania, Boalsburg and go to high school for 12th grade. My aunt and her family of husband and 3 kids live here and I’ve been visiting them since 2011. So is it possible to move here and become a legal resident without my own parents moving with me? It’s just me and I would live with my second American family in Boalsburg.

Mr. Lee answers: 
Normally it would not be possible for you to immigrate by just going to Pennsylvania and living with your aunt’s family that you have been visiting since 2011. The only possible way would appear to be if you are claiming special juvenile status as a child who has been declared dependent on a juvenile court; whom a juvenile court has legally committed to, were placed under the custody of, an agency or department of the state; or who has been placed under the custody of an individual or entity appointed by a state or juvenile court. The juvenile court must find that juvenile’s reunification with one or both of the juvenile’s parents is not viable due to neglect, abuse, abandonment, or a similar basis found under state law.

2. While Filling N-400 Based On 3 Year Rule, Is It Enough to List 3 Years of Address and Job Information?

Mr. Lee answers: 
I believe that you could do so, and just to avoid confusion, you should add a note saying that you are qualifying for naturalization under the three-year rule and are therefore only providing 3 years worth of addresses and employment. If an examiner wants more, be prepared to supply the information at interview.

3. Worked Under the Table Now I Am Getting an 1099

I worked for a lady during university and I got paid under the table for helping her design a patent. Now she is stealing all my work and threatening to issue me a 1099 because I refuse to do more work for her.

Mr. Lee answers: 
You are indeed in a difficult situation in which you will have to choose between having a record of your work and continuing to work for someone that you consider less than honorable in taking credit for your work. Choosing the former course may not be as consequential as you believe as there is not to my knowledge automatic data sharing between U.S.C.I.S. and IRS.

 

1. Would Like to Change O-3 to a Working Visa, What Are the Options?

British couple in LA, wife with O1 and husband with O3. Husband got a job offer, but can’t work with O3. What are the other visa options available to him? or is a change of status available to him? I he is able to get his own O1, does the employer have to pay for it or can he? What is the time frame for changing to a different visa? Is there premium processing for O1? 

Mr. Lee answers:
For other visa options, your husband should consult with an immigration lawyer. A change of status may be available to him as long as he has maintained status and a petition or application is approved upon which the change of status is based. If he is able to obtain the O-1 by himself, both he and the employer are able to pay for the visa fees. The timeframe for changing to a different visa depends upon the visa requested. The current processing time chart of U.S.C.I.S. for change of status to O-1 is 2 1/2  months at the Vermont & California service Centers. Premium processing is available for O-1’s.

2. F-2A NVC Documents

I want to know if NVC will tell me the necessary documents i should provide on my interview date in the F-2A.

Mr. Lee answers:
NVC provides checklists twice during the immigration process – once when it asks for documents to make the case ready for interview and again when it sends out appointments for interview. The checklist for interview notes the documents that you have submitted, what documents are not applicable, and the documents that you are expected to bring to the interview.

3. E-1 visa

I’m in the USA on a E1 visa and would like to get an additional job within the industry, but not related to my company. Am I eligible to work?

Aside from the trading that I do for which I got the E1 visa, I want to know as to what are the restrictions as far as additional work is concerned. I will keep working for my parent company which is in Europe, but also want to get a job in the USA for another company in the same industry so that I have some extra income.

Mr. Lee answers:
Under an E-1 visa, you are only authorized to work for the E-1 company. That is because part of the purpose of U. S. immigration law is to protect the American worker. Therefore it does not allow multiple job opportunities for persons in the U. S. under a certain visa. Also it does not allow individuals to hold two different immigration statuses in the country. Therefore if you are eligible for other types of non-immigrant working visas such as H-1B, O-1, J-1, H-3, H-2B, you would not be able to work for both companies as you are restricted to only one nonimmigrant status. There is the possibility that you could seek admission on the basis of another type of working visa and explain to a U. S. Customs and Protection inspector that you only intend to work according to the terms of the other visa during that particular stay in the U. S. 

 

1. Is There Any Impact on L-2 EAD Renewal Approval If My L-2 Visa Extension Is Pending?

I am in USA on L2 visa. My husband got L1 visa extension from India. My valid EAD, visa and I-94 already expired on 03-March 2018. I have applied for EAD renewal and L2 visa extension on 07-Feb-2017. I was working on EAD till 03-March-2018. I would like to know is there any impact of pending L2 visa extension on my EAD renewal approval? Is USCIS approve EAD renewal only if my L2 visa will get extended? Or I can get my renewed EAD before my visa get extended? My employer is ready to wait till 08-May-2018 that is 90 days from my EAD application to save my job. Thanks, Answer would be highly appreciated.

Mr. Lee answers:
The EAD is only an ancillary benefit of your L-2 status. If your L-2 status is not extended, your EAD will not be also. You will not get your EAD renewed before your visa status is extended. Such a situation would be like the tail wagging the dog.

2. Partner Moving to U.S. to Study PhD and I Would Like to Go With and Work

My fiancé of 5 years (co-habiting) has been accepted to do a PhD in Washington DC. She will receive a stipend of $24,000 per year. The PhD is for 4 Years.The University has explained her visa. The US embassy have said that I am able to go with her if I apply for a B2 visa, however I would not be able to work on this type of visa. I will have to apply for a non immigrant temporary visa. I have a UK degree in Sport but I know work in sales (GPA – 2.0). I am struggling to find a company to sponsor my visa. Do I have any other options?

Mr. Lee answers:
Two situations that come to mind may be working with a UK company under an E treaty trader or treaty investor visa or finding a professional position relating to sport under H-1B. Because H-1B visas are capped in number generally, most would not be available to be applied for until April of next year for work to begin in October if selected under the H-1B lottery. Work at an institution of higher education like college or university would exempt a petitioning organization from the H-1B cap, and the petition could be applied for at any time. Other than those, you may wish to consult an immigration lawyer for other options.

3. B-2 Visa But Pregnant

At airport officer asked me repeatedly about pregnancy I said not sure and I denied later came to know 5 1/2month pregnant now filed extension on previous reasons like spending holidays have to give exam along with mentioning about my pregnancy I 94 going to expire on 11 April filed extension 14 days before expiry what are the chances of getting approval or its better to leave before I 94 expires as I am now 6 1/2 month pregnant.

Mr. Lee answers:
I believe that your chances of obtaining an extension of your B-2 status are likely okay. You were admitted by the CBP officer instead of being turned away and so unless the officer marked your passport with remarks like no change of status (“no C/S”) or no extension of status (“No EOS”), you would most likely be treated as a fresh adjudication by a U.S.C.I.S. officer.

 

1. B1/B2 Visa – Legal to Work?

Is it legal to work if you have a B1/B2 Visa? If not, is there any legal way to work around it, such as creating a business where a US citizen is identified as the owner and/or manager and/or officer, you’re listed as a manager or investor, and you/your family (also with B1/B2 Visas) actually do all or almost all of the work and management of the business, list your apartment as the business address, and use the profits from the business to support yourself and your family? The business does have a tax id and pays taxes. If not, what are the possible consequences if you’ve been doing this for many years?

Mr. Lee answers:
It is not legal to work in the U. S. under B-1/B2 visa status under the conditions that you have described. While someone holding B status may be a passive investor, that does not appear to be your situation. Possible consequences are that you are in violation of your immigration status and removable. 

2. Can I Get Married Before My Consulate Interview?

My mother filed for me and my visa was approved but I have an interview on August 2 in my country.  I’m engaged to be married in November do I leave or get married before I leave the USA?

Mr. Lee answers:
You should not be married before you leave the country unless your fiancee is a US citizen and can sponsor you for the green card. Your mother is either filing for you under immediate relative status as a child under the age of 21 and unmarried, F-1 category as unmarried son or daughter over the age of 21 of a U. S. citizen, F-2A category as the child under the age of 21 and unmarried of a lawful permanent resident (LPR), or F-2B category as the son or daughter over the age of 21 and unmarried of an LPR. Getting married prior to receiving permanent residence would adversely affect any of the above petitions.

3. K-1 Visa

I am a long time resident of the USA. My fiancee is in the Philippines.  Is it best to get my citizenship to sponsor her for visa or go there and marry her to bring her to the States? I am trying to bring her here as soon as possible and I need to pay some old tickets.

Mr. Lee answers:
If you become a U. S. citizen, you can choose to sponsor your significant other under K-1 fiancée visa status assuming that you have met each other within the past 2 years, or as your spouse if you go to the Philippines and marry her. That choice is up to you. If you have outstanding traffic tickets, you should settle them by the time of your interview for citizenship. 

 

1. Regular EAD and Green Card

I applied for I-485 Adjust of Status. My I-140 got approved based on EB1A. I have also applied for EAD and AP. I am expecting that in few weeks I will be losing by job. when I get the EAD with advance parole, can I go back to my home country and return say after 2 months. Will it cause problems. Assuming if I get the green card when I am india. Can I ask my friend to send the green card by post. Can I enter US with my green card?.

Mr. Lee answers:
I assume that your EB-1A had you both as the petitioner and beneficiary and not your company. In such circumstance, I see no problem with your leaving the U. S. on advance parole. If the green card is issued during the time that you are overseas, you can have your friend send it to you, and you can reenter the U. S. on the basis of the card.

2. Have Both H-1B & B1/B2 visas, Safe to Enter as Visitor?

I’ve been in US on H1B for a few years. A few years ago, I moved back to home country. I happened to get B1/B2 visa and travelled for business. A few months ago, got cap-exempt H1B stamped based on my earlier H1B. Since this stamping was done, I haven’t travelled to US. The end client contract through which I got this H1B is no more valid. So, I was told that I can travel on this H1B only if I have a new I-797, obtained through H1B petition approval with a new end client contract. I would like to travel to US as a visitor. Is it risky? Is it risky only if I apply for change of status later?

Mr. Lee answers:
It would likely be safe for you to enter as a visitor although you may have to explain to a Customs and Border Protection (CBP) officer why you are also holding an H1B visa. As long as you can convincingly explain the B1/B2 purpose of your trip, you should be allowed to enter. If you are here and manage to find another organization that can sponsor you for H-1B status, you could possibly apply for a change of status (although a request close to the time of your entry could raise questions concerning your actual intent when you entered) or leave the US and reenter on the basis of a newly approved H-1B petition. As you already have an H1B visa in the passport, you would not have to go through the stamping process again. 

3. What Documents Should A Divorced Green Card Holder Has Traveling From the USA to The Home Country and Back to the USA?

I am newly Divorced & have not started my maiden name change yet?  Every time I reenter the US at Chicago airport they detain me for 1 to 5 hours. I had to have them call my Husband back then. My green card is current and identification is with his last name still. I need to see my father, his health is failing. I don’t have time to make all the name changes before the trip.

Mr. Lee answers:
Keeping the husband’s name although divorced is a common practice. I do not see why having your husband’s last name would cause you to be placed in secondary inspection at Chicago. Perhaps you would have a different result in entering through another port of entry.

 

1. Can I Cancel My I-765 Application for Replacement of OPT EAD Card, If I Got My Old Card Back?

I had lost my OPT EAD card recently and I got it back today. However I had sent new I-765 application for replacement card. So can I cancel my new application for replacement card?

Mr. Lee answers:
Yes, you can cancel your new application when you receive the receipt of filing. That will give you a case number with which you can correspond with U.S.C.I.S. I do note, however, that U.S.C.I.S. will not return your filing fee.

2. How Do We Resubmit a Green Card Application (Through Marriage) After Receiving a Rejection Letter Because One of the Checks Had an Incorrect Date?

My husband (US citizen) and I submitted our green card application about a month ago. We just receive a rejection notice because one of the checks had an incorrect date. How do we proceed with the resubmission? Our documents were returned in a random order, stapled together. Out photo album is missing and the medical examination folder is bent in a zip lock bag. Should we resent everything as it is with a corrected check and a cover letter? What about the missing items? Should we send a new application starting from scratch?

Mr. Lee answers:
You should resend everything with the correct the check and cover letter, and put the rejection letter on top so that the U.S.C.I.S. cashier can see that you are responding to a rejected application. The file should be coordinated with the missing items by U.S.C.I.S. when you send everything back.

3. Can I Directly Apply for U.S. Passport?

I was born out of wedlock, my mom married a citizen so she became naturalized when i was 14,i got my green card at 15 and came here in US. im 24 now.. can i derive my citizenship from my mom and directly apply for a US passport? if so, what are the requirements?

Mr. Lee answers:
The Child Citizenship Act took effect on 2/27/01 and would apply to you if you were under 18 on the date. If so, you would appear to fit the requirements for automatic citizenship as long as you were in the legal and physical custody of your mother when you came to the U. S. That provision allows persons to become citizens automatically if the parent is a U. S. citizen, the child is under 18 and a permanent resident, and in the legal and physical custody of the U. S. citizen parent. To apply, you would fill out a passport application and present it to an authorized passport acceptance facility. You should present the naturalization certificate of your mother, your birth certificate, proof of your admission for permanent residence, and that you resided with your mother when you entered the U. S.

 

1. I Got Letter From Selective Service System But I Am on F1 Visa

I just applied to DMV and get learning permit. but suddenly i got the letter from Selective service system regarding already registered and it has my Selective Service Number also.

Mr. Lee answers:
You can and should write to Selective Service informing the agency that you are a current F-1 visa holder. The registration should be canceled as non-immigrants holding current legal status are not amenable to being registered under the system.

2. If I Helped My Church Members to Fill Up I-589 Form and Signed My Name on Form, Does It Affect My Apply of Asylum Later On?

We’re believers of underground Church in China, because of persecution of government, we’ve fled here. So, I would like to have your advise on some questions I have.

Mr. Lee answers:
If the I-589 form is correct and true, there is nothing to worry about either on the criminal law side or immigration law side. However, if you have knowingly participated in fraud, such acts in helping to prepare I-589 forms and signing your name could be held against you on both sides. 

3. American Living Abroad

I’m a USC by birth I came to Dominican Republic to be with my fiancé (now husband) we are now pregnant and have decided to return back to America for our baby. We had an apartment a few months back but we are at his parents house and I pay money to his mom to help out with food or whatever. So I’m looking at the application for the I-130 and the part where we must provide documents that we comingle (live together) is a little difficult since we don’t own the house or have a lease agreement. Would a letter from her be excepted in this case. I’ve called the embassy and explain my situation and I am able to dcf(direct consular file) I have plenty of messages between us , pictures, and letters from my family knowing about relationship and marriage. That’s the only thing I’m stuck on can you please advise me. Also since our child isn’t born yet we don’t have the birth certificate which would help but we want our child to be born in America not here.

Mr. Lee answers:
The crux of a marriage green card case is whether there is a bona fide marriage in which the spouses are living together. In your case, just the fact that you are an American living with your fiancé now husband in a foreign country is a strong piece of evidence that your marriage is bona fide. If you are already pregnant, you can obtain a letter from your doctor giving your expected date of delivery and any facts that he or she may know concerning whether your husband has been present during your examinations.

 

1. Asylum Appeal Denied

I recently was denied an asylum appeal by the board of immigration and at the same my citizen sister applied for I 130 back in 2005 and was approved in 2009 but I am waiting for the visa number I am scared of being picked up anytime and deported.

Mr. Lee answers:
With a final order against you, you are barred for 10 years from the U. S. once you leave. You would not be allowed to adjust status under your sister’s petition when it becomes current for your 2005 dates as you have the final order of removal. Even without the final order, U.S.C.I.S. would not allow you to adjust status in most occasions unless you have the benefit of section 245(i), under which you would have had to file an immigration visa petition or labor certification by April 30, 2001 and be physically present in the country on December 21, 2000. You may have an opportunity to file for advance permission to return (I-212) & waiver of illegal stay (I-601A) while in the U.S., if you have a qualifying relative – USC or LPR parent or spouse who would suffer extreme hardship if you were permanently barred.  Note, however, that the I-601A only waivers the ground of illegal stay and not other basis like crimes or fraud.  

2. Consulate Interview

I’m a green card holder since 2015 and would like to know what is the process to bring my parents and brother to live in USA with me. My parents turn 65 yrs this year and my brother will turn 36. I’m single and they live in Mexico.

Mr. Lee answers:
You would have to be a U. S. citizen to assist your parents and your brother to permanently immigrate to the U. S.  You would file I-130 petitions for alien relative for all of them at the Chicago lockbox of U.S.C.I.S. when you become a citizen. Based upon today’s situation, processing for your parents would take approximately one year and your brother 11-12 years. If your brother has alternate ways of immigration, he may wish to explore those in light of the long period of time that it will take him to immigrate. 

3. How can I have my parents and sibling to come to USA?

I became a citizen but my parents and siblings had a case in 2010 which was refused? My siblings were under 18 so it was one case. Now I wonder if I can separate them and one of them are married. Please if you can help me asap since they are in danger.

Mr. Lee answers:
The danger or risk of being refused again depends upon over the grounds of refusal in 2010. If the refusal was based on fraud or misrepresentation, that might be a cause of concern again. If the siblings were under 16 at the time of the refusal, they would most likely not be penalized by the sins of the parents. In order to file for parents and siblings, you would have to file separate petitions for all of them. The fact that one of your siblings is married has no effect upon a sibling petition.

 

1. From China, Should I and the Company Pick EB-2 or EB-3 Now That My Labor Certification Is Approved?

I am working for my company under H-1B visa, and it sponsored me for the green card. The labor certification application was put into the Department of Labor in April, we have the labor certification approved, and we will be filing the I-140 petition soon. The requirements for my position were a Masters degree and 2 years of experience. I am from China, which has a backlog in both the EB-2 and EB-3 classes. Should I and the company tell the lawyer to file me under EB-2 or EB-3 category?

Dear reader,

There is no clear answer as no one can say with certainty that he or she knows what will happen with the categories in terms of speed in reaching your priority date. For the month of October 2017, EB-2 availability dates for China-born were prior to 5/22/13 for those who filed labor certification applications and prior to 1/1/14 for those filing under EB-3. However, the speediest today may not necessarily be the speediest 2 or 3 years from now. As the requirements on your labor certification application were amenable to either classification, you and your company can pick whichever one you both want to file for at this time, and perhaps file another I-140 under the other category later on if it becomes apparent that the other category is the faster one. You and the company can also choose to file under both categories at this time and obtain approvals under both EB-2 and EB-3 categories, thereby avoiding any extra work in this regard the future.

2. What is Happening to My Petition Case for My Brother?

I filed an I-130 petition for my brother in China in June 2010 and it was approved in July 2011. Since that time, I have not heard anything from Immigration. Is this normal? How can I find out what is going on with my case?

Dear reader,
When an I-130 petition is approved by U.S.C.I.S. for an individual who is overseas, the approved petition is sent to the National Visa Center (NVC) in Portsmouth, New Hampshire, which houses immigrant visa petitions until the time that the priority date is close to becoming current at which time it will ask for documents and fees from the petitioner and overseas applicant. Usually the NVC will send a letter or email to the applicant notifying him or her that it has the case and of the case number assigned to it. Assuming that neither you nor your brother received such a communication, you can still check on the case by calling the NVC, giving required information, and requesting the case number. The NVC can be reached telephonically at 603-334-0700. Its customer service representative hours are from Monday through Friday, 7 AM to midnight Eastern time.

3. What Problems Can I Have With Entering the U. S. If I Have Been Approved For I-140 Petition and I Have a F-1 Student Visa?

I am an F-1 graduate student and my institute has sponsored my labor certification and I-140 petition, which of which are now approved. As I know, the I-140 approval means that I want to immigrate to the United States, which goes against my F-1 visa which requires that I have a non-immigrant intent. Will I have problems with Immigration when I reenter if I take trips outside the United States?

Dear reader,
You would certainly be better off if you did not take trips outside the United States when the I-140 petition is already been approved. There is a risk with U.S. Customs and Border Protection at the port of entry for the reasons you have just noted. But if you must travel, you should tell the truth about the I-140 approved petition if asked. Lying to a CBP officer could make you subject to a charge of inadmissibility which would impact upon your ability to immigrate to this country. I note that the Department of State has recently toughened its attitude on issuing F-1 visas where individuals cannot convince a consular officer that they intend to return to the home country after the F-1 studies are over. So if you must obtain a new visa from a U. S. consulate or embassy prior to returning to the U. S., your chances of having a difficult time are now enhanced, and a trip abroad cannot be recommended.

4. What to Do If I Want to Quit My H-1B Job?

I have an H-1B visa for a job that I do not like and would like to quit. Can you tell me my options? My husband is an F-1 student.

Dear reader,
U.S.C.I.S. currently allows a grace period of 60 days for you to find another H-1B position and file for an H-1B transfer. You may explore that route if you are interested in still working in the U. S. in the near future. Otherwise as long as your husband is maintaining F-1 student status, you can make an application to change status to F-2 dependent. You would not have authority to work once the F-2 change of status is approved. Between the time of filing and approval, you would still be authorized to work for your H-1B employer as long as it has not yet terminated your employment if you are of the mind to do so.