Category: Q&A

1. How Can I Speed Up the Immigration Process for U.S. Citizen’s Sibling Case?

My dad is in process immigration and his category is F4 brothers and sisters of U.S. citizens application processing date is 27 mar 2003. I investigate on page of visa Bulletin and there appears application processing date 1/8/1998. How can I speed up the immigration process? 

Mr. Lee answers:
I assume that with your reference to a 1998 visa bulletin date for the F-4 category, your family is born in Mexico or the Philippines. The rest of the world except for India, Mexico, and the Philippines is already up to the year 2004 for immigrant visa availability in the F-4 category. Unfortunately there is no speeding up of the category unless the dependent spouse is born in another country. In that event, there could be a cross-charge of the dependent’s country of birth instead of Mexico or the Philippines. I would suggest that if your father or mother has education or an employment based skill that could be the subject of employment sponsored immigration, that would probably be a better way to go. The EB-2 category for persons with advanced degrees (or bachelors +5 years of progressive experience) is current for Mexico or the Philippines born, and the EB-3 category for skilled workers or those who only have a bachelor’s degree is current for Mexico and up to January 2017 for the Philippines. 

 2. Can a US Citizen File Immigrant Paper for Goddaughter?

I am a U.S Citizen and I will like to bring my 23 years goddaughter who is deaf by birth from Panama to live with me. Is this possible?

Mr. Lee answers:
There is no category under U. S. immigration laws for a U. S. citizen to petition for or bring in a godchild to live with that individual. If she is educated or has past experience that could be the basis of an employment based nonimmigrant or immigrant visa, perhaps those are areas to be explored. 

3. Can My Mother Get Her US Citizenship Back After Being Deported For a Drug Related Offense?

My mother was deported back to Mexico after doing her time in prison for transporting drugs in Texas. That was 20 years ago. She has talked to a few lawyers about trying to get a pardon to be able to come back to the states. One told her to save her money because she would never be able to. Her mother recently passed and she went to the border to see if she could apply for a pass to see her mother. She was told it would never happen. She has lost hope. I need to know if there is any way she can legally come back to the states to be with her family.

Mr. Lee answers:
The U. S. government cannot deport a U. S. citizen for a crime committed after the individual is naturalized, so I will assume that your mother was either a permanent resident or the crime was committed prior to her becoming a U. S. citizen. Drug transportation is treated very harshly under the U. S. immigration laws, and the fact that a few lawyers have already gone over her case and not encouraged her is an indication that she will not gain any immigration relief. There is no immigrant visa waiver that covers drug transportation. The best hope was probably trying to obtain a non-immigrant waiver at the border based on emergent humanitarian reasons, but that was apparently turned down. Her case unfortunately does not look encouraging at all unless she is able to overturn the criminal conviction. 

 

1. Get Green Card From Visitor Visa

I am citizen in USA. My mom came here on visitor visa. I want to apply for her green card what can I do for it

Mr. Lee answers:
If your mother is already here in the US on the visiting visa and you wish to apply for her green card, you and she can put in papers to adjust her status to permanent residence. That is assuming that she did not have the intention to adjust status when she first entered the country. If she did not, she is eligible for adjustment of status. You would file form I-130 petition for alien relative, and your mother would concurrently file an I-485 application to adjust status to permanent residence. The package with all the other forms and documents would be sent to the Chicago lockbox of U.S.C.I.S. The agency may or may not decide to interview your mother on her immigration application. Processing times can vary, but normal is between 9-12 months. 

2. I Have H-1B Visa Until 2021 so If I Apply for Asylum Will This Affect My H-1B Visa Status. Will My H-1B Visa Be Canceled?

I am living in the USA since 2012. I have M.S. degree in Math major from USA. After I graduated I started to work with OPT (OPT stands for Optional Practical Training, this allows F1 students to work on a full time basis for one year after they have completed their studies, in a field related to their major) last year. Last year the company that I worked for applied for H-1B visa for me and it has been approved so I have got H-1B visa status. However, I want to apply for Asylum because if I will go to my country I have life-threatening condition due to political issues and my human race. That is why, it has been 2 years that I did not go to my country because of life-threatening condition. I am afraid if I will apply for Asylum and my H-1B visa will be canceled then I will have to go back to my country which it is going to be terrifying for me.

Mr. Lee answers:
If you have a legal nonimmigrant status like H-1B & are maintaining it, your applying for political asylum will not cancel the H-1B status. In applying for asylum while in status, you will only have one chance to prove your case for asylum. That will be at the local asylum office. If your case is denied, you will receive a notice of such action, but U.S.C.I.S. will take no steps to cancel your status or to put your case before an immigration court. 

3. Transferred H-1B Visa, Got I-797B Consular Approval, But Have A Valid I-94. Is Consulate Visit (stamping) Needed Immediately?

10 days after I came to US, I switched to a different employer (B), B filed for my H1B. Received H1B approval, I-797B, it states: The above petition has been approved for the classification requested. It has been determined that the named worker(s) is (are) not eligible for the requested extension of status. You will receive a separate notice explaining the reasons… Since the worker(s) has (have) been found ineligible for an extension of stay, we have sent notification to the consulate shown above… If a visa is issued, upon admission in this classification the worker will be authorized to be employed by petitioner for the authorized period. Current stamping valid till Dec 2019, so is I-94. (i) Am I required to immediately go to a consulate (or consulate referred in 797B) and get the stamping or can say till I-94 is valid? (ii) USCIS officer apparently saw my initial 10 days as out of status. Is it advisable to appeal that I wasn’t out of status for the 10 days?

Mr. Lee answers:
Under your current I-94, you are only allowed to work for your first employer. Since U.S.C.I.S. denied your extension of status, your work is not authorized under your second employer. In order for you to legally work for your second employer, you would have to leave the US and reenter with the new I- 797 approval. Assuming that the visa in your passport for your first employer is still valid, you can use that one to reenter the US with the new H-1B approval sheet. On your second question as to whether it is advisable to appeal that you were not out of status for 10 days, it is likely more troublesome to go through a motion to reopen or to reconsider than to leave the US and come back in. 

 

1. My mother is a U.S. citizen

So can my wife file for me even if my mother petition has been approved?

Mr. Lee answers: 
Your wife can file for you even if your mother’s petition is been approved. We have had cases in the past in which individuals have been applied for or applied for permanent residence through multiple paths.

2. Can a Person With a Withholding of Removal Buy a House?

Can people with such status get loans from banks to help buy a house?

Mr. Lee answers:
Banks are private institutions and what they do with regard to their rules of lending is generally up to them. Withholding of removal allows an individual to remain in the US as long as there is continued fear of persecution from the home country. As there is likely to be a long period of time during which individuals can stay in the US with work authorization, the choice of whether to take the risk of lending to such individuals is up to the institutions. There is no law of which I am aware precluding them from lending to such people.

3. Will I Still Be Able to Work on My EAD?

I graduated with my bachelors and started my OPT (EAD card in hand). I got married to a US citizen in 9/2017, left my job in 10/2017 and have been unemployed ever since. It is now 6/2018 and I am in the process of filing for my green I have a few concerns that have me in a panic: 1. My EAD card is valid until July 2018 (it is stated on the card) can I still use it to work even though I have been unemployed for almost 4 months and well over the time limit? If I do use it to work, will that affect my filing process? 2. Even though I am married to a US citizen with all the documents and evidence to prove it, will my violation of my opt status affect my filing? 3. If there a way I can work on my EAD card without immigration finding out?

Mr. Lee answers:
Marriage to a US citizen in a bona fide marital relationship excuses unauthorized employment. Your present EAD is connected with your OPT and it is technically invalid now that you have been unemployed for over 90 days. However, the fact that you will undoubtedly be adjusting status to permanent residence in the US based upon marriage to a US citizen erases that for the most part as a concern to an adjudicating immigration officer. Whether you work on the EAD or without authorization at this point would likely make no difference in your case.

 

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.