Q&A’s published on Lawyers.com and the Epoch Times – 03/17/2017 1. I Changed My Status From F-2 to F-1, Can I Enter USA Based on This F-2 Visa? 2. Adjustment of Status Application (I-485) for Children 3. Travelling Abroad

1. I Changed My Status From F-2 to F-1, Can I Enter USA Based on This F-2 Visa?

I still have F-2 visa stamp on my passport. Can I enter USA based on this F-2 visa? My husband is in OPT and his I20 expires on Jan 23 and I have flight on 24th December.

Mr. Lee answers:
Your having changed status from F-2 to F-1 is only valid when you are in the US. If you are out of the country and coming back in as a dependent rather than a student, the F-2 visa is the correct one under which to enter as long as the principal F-1 is still in valid student status. That appears to be your case.

 2. Adjustment of Status Application (I-485) for Children

We came to the USA 5 years ago and our 2 children (10 and 20 years old) do not have their own foreign passports. So all information (i94, Visas, Birth information) is included in wife’s passport. There is no way to get foreign passports for them at this point. Should we expect any issues with USCIS such as a request for evident since we cannot provide their passports?

Mr. Lee answers:
There is a chance that you may receive an RFE from U.S.C.I.S. because of lack of the passport for your two children. You should attach an explanation along with copies of your wife’s passport and the specific page that refers to  each of them along with sending in copies of the I-94’s if you still have them. 

3. Travelling Abroad

I am a German national who entered the US on an F-1 visa. I got married 1.5 years ago to my husband who is a US citizen and we had our first child this summer. I applied for my Greencard September 9th and got the notification that it was received and being processed on September 14th. However, my guidance counsellor terminated my student status on September 9th so I may have unintentionally been out of status for 5 days. We are planning on traveling to Germany to see my family in a week. I got advance parole and have all of the travel documents that I need. My question is, will I have trouble getting back into the US because I may have been out of status for a few days?

Mr. Lee answers:
You will not have problems on any advance parole by virtue of being out of status for a few days. Under a decision by the Board of Immigration Appeals, advance parole is not considered an entry for purposes of unlawful presence. Even prior to the Board’s decision, being out of status for a few days would not have any effect upon the admissibility of a person like you on advance parole.