Category: Q&A

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.

1. Do I Have to Go to My Country to Get My Residence?

I been here for 16 yrs no criminal record I came here illegal.

Mr. Lee answers:
Generally speaking, an individual who is here for 16 years without more would have to go to his or her home country to obtain permanent residence. There are exceptions, such as those who are granted political asylum or who have the benefit of section 245(i), under which individuals who had a labor certification or immigrant visa petition filed by April 30, 2001, and are able to prove physical residence on December 21, 2000, are allowed to adjust status upon the payment of a fine amount of $1000 if they have a basis to immigrate. Persons here 10 years with good moral character may be allowed to stay through cancellation of removal, but would have to prove exceptional and extremely unusual hardship to a U. S. citizen or permanent resident spouse, parent, or child under the age of 21 and unmarried. That application is done before an immigration court and not U.S.C.I.S., which usually means that failure results in an order of removal. I note that a return to the home country where an individual has a basis to immigrate usually involves a 10 year bar against return, and the applicant would have to obtain a waiver of the bar to safely return. Such would involve the filing of an I-601 waiver of excludability after being rejected for the immigrant visa, or an advance filing of a provisional I-601A prior to consular processing for those who are eligible for it. The standard of both I-601 and I-601A waivers is the establishment of extreme hardship to the qualifying family member who must be a US citizen or LPR spouse or parent. As I-601A allows the individual’s application to be processed while waiting in the U.S., but an I-601A only waives the ground of being illegal in the U.S., not fraud or crimes, etc.

2. How Can I Change My Records at USCIS?

I want to add my wife and children to my status of permanent resident before applying for citizenship? I didn’t list them when applying for green card.

Mr. Lee answers:
The question is why you did not add them at the time that you were applying for the green card. If it had something to do with the way that you immigrated and would contradict the category under which you were eligible, such adding on might result in the revocation of your permanent residence. If not relevant to your immigration, you can add them onto the N-400 application for citizenship and explain the situation to the immigration examiner at your naturalization interview. Dependent upon whether you intended fraud or misrepresentation at the time that you applied for your immigration, you can answer in the affirmative or not on that question in the naturalization application. An affirmative answer could impact your permanent residence.

3. I Am in B-1/B-2 Visa Status, How Can I Change to The Other Visa?

Mr. Lee answers:
You would have to have an alternate status to which you could change in order to ask U.S.C.I.S. for a status change. Such would be requested on form I-539 application to change/extend status in the U. S. 

1. What Forms Do I Need to File to Bring My Wife to America?

I met my girlfriend in American while attending the same University. She was an international student from Mexico. I am an American citizen. We plan to marry in Mexico and bring her to America to eventually apply for a green card.

Mr. Lee answers:
If you marry in Mexico, you could take steps to bring her to the U. S. by filing form I-130 petition for alien relative with U.S.C.I.S. If you are holding legal status in Mexico, you may have the choice of whether to file with U.S.C.I.S. in Mexico instead of the Chicago lockbox of U.S.C.I.S. The agency has offices in Mexico City, Ciudad Juarez, and Monterrey. The reason for which individuals may wish to file at U.S.C.I.S. offices overseas is the usually shorter period of waiting for the spouse to immigrate. 

2. Family Based Green Card

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. I Want to Bring a Young Man From Overseas to America for My Business.

I need to know the process and how to fill out the paper work correctly. Can you help?

Mr. Lee answers:
The process would depend upon the qualifications of the young man, your business, and your aims. He may be eligible for a nonimmigrant visa or permanent green card depending upon the above. You should seek a consultation with an immigration lawyer to go over the options. 

1. What Can Be Done to Reverse a Deportation?

My brother was refuse entry today and is being processed for deportation for no apparent reason what can be done?

Mr. Lee answers:
If your brother believes that his summary removal at the port of entry was wrong, he could write to the port director asking that the removal order be rescinded. Otherwise he would have to file a waiver of the removal and have it approved (form I-212) before coming back to this country.

2. How Do You Start Employment Base Immigration Process?

I need a lawyer close to me to start legal work and help me with the paper work. He is very intelligent young man and wants to come over and work for my small business.

Mr. Lee answers:
Starting with a lawyer who is conversant with immigration law is a good place to start. The proximity of a lawyer to you in an employment based case is usually not very relevant. Most applications are remotely processed and not handled by the local field offices of U.S.C.I.S. except for green card interview, which usually occurs after the I-140 immigrant petition is approved at a USCIS regional Service Center. Nonimmigrant work cases are taken care of by one of the regional service centers of Immigration and permanent labor certification cases are for the most part e-filed and adjudicated by the Department of Labor in Atlanta. So pick a lawyer in whom you have some confidence regardless of the physical distance in miles between you. 

3. L-2 Extension

Both my L2 Visa & I-94 is valid till 1/2019 And L2-EAD is valid till 3/2018 Spouse’s L1 Visa validity is till 5/2018 And I-94 till 6/2018 (L1 & L2 are yet to apply for extension soon) Please do advise on applying for L2-EAD extension, Can I apply for L2-EAD extension now or should I wait for extended L1 & L2 Visas to come. is there Premium/expedite process available? Please guide me with available options, how to do.

Mr. Lee answers:
Your EAD is dependent upon your husband’s status. If his date is limited to June 2018, and a trip outside the U. S. and reentry would not further extend his date to January 2019, any EAD extension that you would do at this time would be limited to June 2018. Your husband and you can apply for L-1/L-2 extensions if the ending date of the I-797 approval is within 6 months of being reached. Premium processing on L-1 extensions is allowed although not on the I-539/EAD applications. If such are filed together, however, there is a possibility that the L-2/EAD may also be expedited under premium processing. 

1. How Long Will It Take to Fix My Boyfriend Papers After We Get Married?

My boyfriend currently has a social security unity issued by the dream act, he entered the United States when he was younger, doesn’t remember how he entered. We plan on getting married and was wondering how long the process would take for him to become a resident. I am a U.S citizen and get has a clean record.

Mr. Lee answers:
In order to adjust status to permanent residence in the US without leaving based upon marriage to a US citizen, he would have the burden of proof to show that he entered the country legally. If he is able to do so, he would likely have an interview with U.S.C.I.S. within 10-11 months after filing. Without legal entry, your boyfriend/future husband would have a more difficult route involving consular processing and the filing of a provisional I-601A waiver application after the approval of an I-130 petition for alien relative. The waiver application is based upon establishing extreme hardship to you if he could not return. Your husband would stay in the US during the time of the filing and adjudication of the waiver, and if approved, complete his consular processing in his homeland. Such processing would take between one and a half year to two years.

2. What Do I Need to Do to Become a Permanent Residence of This Country?

My wife who is a US citizen abandoned me before our interview on USCIS for my adjustment of status (to become a lawful permanent residence). It’s been 5 years that I haven’t heard anything from her. Does filing a divorce will help me reapply or appeal for my case. What do I need to do so I can be a permanent residence of this country?

Mr. Lee answers:
In your situation, it does not appear that you will be able to gain permanent residence through any relationship with your wife. I suggest that you look for other options. A good beginning point is to seek a formal consultation with a knowledgeable immigration lawyer. 

3. Adopt a Foreign National

I am a United States citizen by birth. If I adopt a foreign national, does that automatically give the adoptee citizenship in the United States?

Mr. Lee answers:
In adopting a foreign national, you would have to go through a process with U.S.C.I.S. and usually US consulate overseas if the child is located in another country. Orphans from most countries would have to be adopted in accordance with the Hague convention. Otherwise they must be adopted by the age of 16, and you would have to be able to establish both legal and physical custody for two years prior to submitting a petition to U.S.C.I.S.

1. What To Do If I Leave My Present H-1B Employer and Two Other Companies Want My Services?

I am with company A, but plan to leave it soon for different reasons. Company B IS ALREADY GIVING ME A JOB OFFER AND PRESSURING ME TO JOIN AS SOON AS POSSIBLE. I BELIEVE THAT I WOULD BE MORE COMFORTABLE WITH COMPANY C WHICH HAS NOT YET COMMITTED. IF I HAVE COMPANY B PUT IN THE H-1B TRANSFER FOR ME, WHAT HAPPENS IF I ACCEPT THE FUTURE OFFER OF COMPANY C AND IT ALSO PUTS IN H-1B TRANSFER PAPERS FOR ME WHILE COMPANY B’S PETITION IS STILL PENDING? 

DEAR READER,

I BELIEVE THAT THE SITUATION THAT YOU DO NOT WANT TO BE IN IS ONE WHERE COMPANY C’S H-1B PETITION IS APPROVED FIRST, AND THEN COMPANY B’S. UNDER THE LAST ACTION RULE, YOU WOULD BE BEHOLDEN TO WORK FOR COMPANY B unless you are working for both employers. TECHNICALLY YOU COULD WORK FOR BOTH, BUT WOULD HAVE TO WORK FOR COMPANY B. TO AVOID THE SITUATION, YOU COULD REQUEST COMPANY C TO PROCESS YOUR CASE UNDER PREMIUM PROCESSING ASSUMING THAT THE SERVICE IS AVAILABLE WITH U.S.C.I.S. (DURING THE H-1B cap SEASON, THE AGENCY TRADITIONALLY STOPS PREMIUM PROCESSING H-1B CASES). ONCE APPROVED, YOU COULD INFORM COMPANY B THAT YOU ARE NO LONGER INTERESTED IN WORKING FOR THE COMPANY AND REQUEST IT TO WITH DRAW ITS H-1B PETITION. THAT IS UNFORTUNATELY NOT FOOLPROOF AS THAT DEPENDS UPON THE COMPANY CARRYING OUT YOUR WISHES. ANOTHER WAY WOULD BE FOR COMPANY B TO PREMIUM PROCESS YOUR CASE, AND COMPANY C COULD THEREAFTER PUT IN A REGULAR CASE WHICH WOULD NORMALLY RECEIVE AN ADJUDICATION AFTER THE PREMIUM PROCESSED CASE. THAT IS ALSO, HOWEVER, NOT FOOLPROOF AS COMPANY B’S PREMIUM PROCESSED CASE MAY RECEIVE A REQUEST FOR FURTHER EVIDENCE, AND THE TIME TO ANSWER COULD BE LATER THAN THE NON-PREMIUM PROCESSED CASE. THE USE OF PREMIUM PROCESSING GIVES MORE CONTROL IN THESE SITUATIONS, NOT CERTAIN CONTROL. YOU COULD CONCEIVABLY WIND UP IN A SITUATION IN WHICH COMPANY C’S H-1B TRANSFER IS APPROVED AND SHORTLY THEREAFTER COMPANY B’S WITHOUT YOUR HAVING AN OPPORTUNITY OF ASKING COMPANY B’S WITHDRAWAL. ALL DOES NOT APPEAR TO BE LOST, HOWEVER, IN THESE SITUATIONS AS THE LAST ACTION RULE ONLY AFFECTS PRESENT STATUS IN THE US. CAUGHT IN THE SITUATION, YOU COULD GO OUTSIDE THE US AND REENTER UNDER THE CORRECT I-797 APPROVAL WITH OR WITHOUT (IF CANADIAN) HAVING THE NEED TO INTERVIEW FOR THE VISA WITH AN AMERICAN CONSULATE ABROAD.

2. H-4 Employment Card

I AM BEING APPLIED FOR BY A UNIVERSITY TO TEACH UNDER H-1B VISA STATUS. MY WIFE WANTS TO WORK AND HEARD THAT SHE IS ELIGIBLE TO DO SO UNDER AN H-4 EMPLOYMENT RULE. CAN YOU TELL ME MORE ABOUT IT AND HOW IT CAN BE DONE?

DEAR READER,

PRESENTLY H-4 DEPENDENTS ARE ELIGIBLE FOR EMPLOYMENT AUTHORIZATION APPROVALS WHERE THE H-1B PRINCIPALS EITHER HAVE I-140 PETITION APPROVAL OR WILL BE EXCEEDING THE SIX YEAR H-1B LIMIT AND 365 DAYS HAVE PASSED SINCE THE FILING OF A LABOR CERTIFICATION APPLICATION OR THE DATE THAT AN I-140 PETITION WAS FILED. IF YOU HAVE THESE CIRCUMSTANCES, YOUR WIFE CAN FILE CONCURRENTLY WITH YOUR H-1B PETITION OR THEREAFTER FORM I-539 APPLICATION TO CHANGE OR EXTEND STATUS AND AN I-765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. U.S.C.I.S. WILL FIRST ADJUDICATE YOUR H-1B FOR APPROVABILITY, AND UPON A POSITIVE ADJUDICATION, BEGIN THE DETERMINATION ON YOUR WIFE’S I-539 AND I-765 APPLICATIONS. I NOTE THAT THE H-4 RULE IS PRESENTLY UNDER ATTACK BY THE TRUMP ADMINISTRATION, AND THERE ARE STRONG INDICATIONS THAT THE ADMINISTRATION WILL ATTEMPT TO NEGATE THE RULE BEGINNING early this year. IN SUCH CASE, THE CONTINUATION OF EMPLOYMENT AUTHORIZATION FOR THOSE WHO ALREADY HAVE IT OR HAVE APPLICATIONS PENDING WILL DEPEND ON THE LANGUAGE IN THE RULE AND ANY LITIGATION IN THE COURTS TO PRESERVE THE RULE.

3. Can I Get an H-1B With Bachelors In Accounting?

I graduated in December with a bachelor’s degree in accounting, and I expect my OPT to begin sometime in February 2018 and end one year later. How can I best ensure that I can have an H-1B approved if I am selected under the April cap? What do I do if I am not selected? Can I apply again in April 2019?

Dear reader,

This past H-1B season, U.S.C.I.S. appeared to be focusing on two issues – whether the job itself is a specialized occupation requiring a specialized degree, and whether a job can be truly professional where employers pay a level I wage. We assume that those 2 issues will continue to predominate in this coming season. Joining an accounting firm or a large company that requires an accountant is probably the best way to demonstrate that the occupation is specialized. Obtaining level II wages would overcome the stigma that U.S.C.I.S. has placed on occupations offering level I pay. That being said, your petitioner’s attorney should be prepared to argue if U.S.C.I.S. sends a request for further evidence under the above circumstances or even less favorable ones. If you are not selected or are denied, you will still have the OPT until sometime next February. With the 60 day grace period, you will be allowed to stay as long as the 2019 H-1B petition is filed before the grace period runs out. Unfortunately U.S.C.I.S. will not allow you to legally work until at least October 1 assuming that the 2019 H-1B petition is approved.

4. How Can My Wife Come Back To The U.S. After Being Sent Back On Entry Two Years Ago?

MY WIFE, A TAIWAN NATIONAL, USED THE VISA WAIVER PROGRAM TO ENTER THE US AND OVERSTAYED HER VISIT BY A WEEK (97 DAYS) IN 2013. SHE CAME BACK TO THE US IN 2015, AND WAS CHALLENGED BY AN IMMIGRATION OFFICIAL AT THE AIRPORT BECAUSE OF HER OVERSTAY. DURING HER QUESTIONING, SHE CONFESSED THAT SHE HAD WORKED SOME OF THE TIME WHEN SHE WAS HERE IN 2013. SHE WAS NOT BARRED, BUT SENT BACK ON THE NEXT PLANE. SHE THEN TRIED TO GET A VISA FROM THE AMERICAN INSTITUTE IN TAIWAN (AIT), BUT THEY SAID THAT THEY COULD NOT DO ANYTHING. I AM A US CITIZEN AND MARRIED HER IN 2015. WE HAVE A ONE-YEAR-OLD CHILD, BUT TO SEE HER, I HAVE TO TRAVEL TO TAIWAN. HOW CAN I GET HER BACK TO THE US?

DEAR READER,

ASSUMING THAT SHE WAS NOT BARRED, YOU CAN APPLY FOR HER IMMIGRATION ON FORM I-130 PETITION FOR ALIEN RELATIVE, AND ONCE THAT IS APPROVED BY U.S.C.I.S., SHE CAN BEGIN CONSULAR PROCESSING THROUGH THE NATIONAL VISA CENTER AND THEN THROUGH THE AMERICAN INSTITUTE IN TAIWAN. IF EVERYTHING GOES WELL, SHE WOULD RECEIVE AN IMMIGRANT VISA AND COME TO THE US IN APPROXIMATELY ONE YEAR. A CONCERN IS THAT THE AIT MAY FIND THAT SHE IS INADMISSIBLE FOR MISREPRESENTATION FOR HER WORKING IN THE US IN 2013 WHEN SHE WAS ONLY SUPPOSED TO BE VISITING. THE DEPARTMENT OF STATE RECENTLY BROUGHT OUT NEW GUIDELINES UNDER WHICH ANY CONTRARY ACTIONS TO THE SUPPOSED INTENT OF THE VISIT WITHIN 90 DAYS OF ENTERING THE US BRINGS ON A PRESUMPTION OF MISREPRESENTATION. IF there is a finding of misrepresentation, SHE WOULD BE ASKED TO FILE AN I-601 APPLICATION FOR WAIVER OF INADMISSIBILITY IN WHICH THE STANDARD FOR ADJUDICATIO

1. From B-2 to F-1

I will be entering USA in a b2 visa and this will be my second time there. I am thinking to join a community college there. I have not applied for the college yet. Should I declare in the immigration that I would be applying for college? How can I get a f1 approval and increase my chances of getting a F1.

Mr. Lee answers:
An individual entering the U. S. on a B-2 visa is not supposed to have a preconceived intent to change status to student. U.S.C.I.S. now believes that anyone who attempts to do so within 90 days of entry presumptively had the intent prior to entry and will generally deny the application.

2. Political Asylum Closed Then Get Married

I got denied on political asylum in 2015, then I was back to F1 visa to finish my degree. In 2017, I get married and try to apply for a green card, does the closed political asylum case affect my marriage green card?

I have been in the United States for four years, I have missed my family so much. May I go home after getting my marriage green card or should I apply for an advanced parole? then I can have more possibility to reenter in USA with marriage green card and advanced parole?

Mr. Lee answers:
Assuming that you were in F-1 status at the time of your political asylum case and that U.S.C.I.S. simply closed your case, the case should not have much effect unless you committed fraud or misrepresentation in your application. You should be able to return home after getting your marriage green card. Although I do not think that you would have a problem with advance parole, it might be better for you to wait until obtaining your green card since you expressed fear of returning to your home country in the asylum application.

3. Will I Be Able to Get my Citizenship?

I came to USA in March 2016 with K-1 visa. Me and my fiance got married may 2016. I got my conditional two years permanent residency 05/30/17 which will expire 05/30/19. I am supposed to reapply to remove my condition. But our relationship is not working well and we might get separated very soon. But I would like to stay in US to finish my school and get my citizenship. So I could leave this country and then come back if I want to or if I have to. So my question is, on my current visa status will I be able to stay or get my citizenship even if we got divorce? If yes, how many years it might take approximately?

Mr. Lee answers:
If you gather sufficient evidence to convince U.S.C.I.S. that you have had a bona fide marriage in which you were living together, you can apply to remove the conditional basis of your residence status at any time after you obtain your divorce and before the expiration of your two-year residence on 5/30/19. In the event that the removal of conditions is allowed, you would have to wait 5 years instead of 3 years to submit your application for citizenship. Such would be in 2022, and since the law allows you to submit 90 days ahead of time, you could put in the N-400 application at the end of February or beginning of March 2022.

 

1. I Am A Mother Having a Permanent Resident Status in The USA. I Have An Unmarried Son To Be Filed As A Relative.

What can we do to get him here as permanent? He is here at present as a visitor. His first sister is a USA citizen.

Mr. Lee answers:
I will assume for purposes of your question that your unmarried son is over the age of 21. As a permanent resident, you can file a petition for him under the F-2B category, and the waiting time would be approximately 7-9 years. He must stay unmarried.  If his sister files a petition for him under the F-4 category for siblings, the waiting time would be approximately 10-12 years. He is not allowed to stay in the country just because either you or his sister files a petition for him.

2. What Was The Best/Safe Route to Take On OPT Extension or H-1B?

I am in F1-OPT status from May 2016, which expired on July 2017. I filed my H-1 in Consular Processing on April 2017, which was picked in lottery and it’s still in progress. As opt expired on July 2017, I approached my college for stem extension before 45 days but my college informed me that I was in CAP GAP till sep 30 and not eligible to apply for stem extension. I do have couple of questions running on my head • Question 1: I applied H1B in counselor processing which doesn’t include change of status, why my cap-gap is initiated; I still had the valid opt? • Question 2: Can I apply for opt-ext on CAP GAP with parallel to H1-ConsularProcess? • Question 3: Do I need to go immediately for stamping after the change of status approved in H1-Consular Process? • Question 4: Will cap-gap extended in case of my H-1B RFE?

Mr. Lee answers:
Where an individual has an H-1B filed on his or her behalf which states that the petition is for consular processing and not for change of status, the cap gap extension does not apply. Your college was wrong in informing you otherwise. It would not appear to have been contrary to the rules for you to request a STEM extension under your circumstances. If the H-1B is approved and the petition was marked for consular processing, you would not receive a change of status. For the H-1B to go into effect, you would have to go outside the US for a visa interview and stamping. 

3. I Am 18 Years Old. I Wanted to Know That If I Get Married to My Boyfriend Will The Age Matter When I Try to Fix For Him?

Mr. Lee answers:
At the age of 18, you are free to marry and sponsor your boyfriend for the green card. I note that you will have to be able to show proof of ability to support or have a cosponsor who can take up the financial burden. Much more important will be a showing that the marriage is bona fide and not entered into for the primary purpose of obtaining your boyfriend’s permanent residence.