Q&A’s published on Lawyers.com and the Epoch Times – 02/03/2017 1. RFE Change of Status H-4 to F-1 2. Possible Fake Visa 3. How Can I Become a Legal Resident?

1. RFE Change of Status H-4 to F-1

I have received an RFE (Request for Further Evidence) which contains two parts: 1. Finances – Proof that I immediately have funds to pay for my expenses. I plan to attach bank statements of my husband for past 3 months along with his pay slips. Statements show amount more than specified on I-20. 2. Residence Abroad to which you intend to return- Submit documentation to establish that you have foreign residence where you intend to reside at the expiration of your stay. Such documentary evidence can include but is not limited to: current telephone bills/utility bills/mortgage statements/rental agreements/rent receipts etc. I do not own any property in India and am in US for past year and half so I don’t have any rent receipts or rental agreement. My husband (sponsor) owns an apartment and we have electricity bills (which has my husband’s name) for it. My husband has written a plain text letter that I am equal owner of that home and we plan to stay there after completion of my studies. Would that be enough?

Mr. Lee answers:
It appears that you will be able to have enough evidence to satisfy the finance portion of the RFE. You might also add your husband’s current job letter and his last federal tax filing if he filed such. As to the portion of the RFE dealing with establishing that you still have a residence abroad to which you intend to return, you can also show items such as bank accounts in India, personal property, memberships and associations or clubs, list of all your relatives in India, etc.

 2. Possible Fake Visa

Possible fake visa Issued in Belgrade on sep 3 2015 valid for 2 years multiple entries visitor to a Serbian passport holder who visited US a number of times before but overstayed visa more than a year and left prior to deportation a month before new visa was issued Control number first 4 digits are 2004 Personal details are printed in bold font upper case letters but control number and passport number are in normal letters and different font photo is black.
Mr. Lee answers:
It sounds like a fake visa, especially if you did not interview for it at the US consulate or embassy. 

3. How Can I Become a Legal Resident?

I’m a visitor and I’m pregnant and I do not want to return to my country.

Mr. Lee answers:
Generally speaking, most immigration to the States comes through family petition, employment petition, immigrant investment, or asylum. Being pregnant and later having a US citizen child will not allow you to become a permanent resident. The law was changed in 1976 to prevent a US-born child from petitioning for the parent until the child is 21 years of age. If you wish to stay, you should consult with an immigration lawyer to go over all your options.