Q&A’s published on Lawyers.com and the Epoch Times – 03/31/2017 1. Arizona ICE Hold 2. I-751 3. Regarding Travel While H-1B Amendment Is In Progress

1. Arizona ICE Hold

My partner of 30years is serving time for a 3rd DUI until May, 2017 and placed on ICE hold. Since he was born in Mexico but become a citizen at 12 years old, why was he placed on ICE Hold? What types of questions will ICE ask at the hearing? And what document should he have to prove his citizenship? He has worked for Honda Corporation and Toyota for over 20 years.

Mr. Lee answers:
It is difficult to say what type of questions ICE will ask at a hearing – that is up to each DHS attorney. If your partner can prove that he is a US citizen, he is not removable. As he has been your partner for 30 years, I assume that he was born in the 1960s. He would have to show that the parent through whom he is claiming citizenship was physically present in the US or a possession of the US for 10 years prior to his birth, five of which were after the age of 14.

 2. I-751

I applied for I-751 on 01-16-2016 then on 09-04-2016 got email from USCIS say I’m approved then I got a letter say I got approved and I should get my green card within 60 days I should receive it but I haven`t get anything then I contact USCIS they said my case got on hold because the security check ( I file I 751 through VSC then got transferred on 08-17-2016 to CSC) my question is I will be eligible to apply for my N-400 now so can I apply for my citizenship with my approval notice without my green card.  I`m from New Jersey. 

Mr. Lee answers:
You are eligible to apply for your N-400 on your eligibility date even though your I-751 is still pending. However, you will not be granted citizenship unless and until the I-751 is approved.

3.Regarding Travel While H-1B Amendment Is In Progress

I am on H-1B Visa stamped visa, I need to my H-1B Amendment is currently with USICS for location change, in such situation, I urgently need to travel to home country. Can I enter US back when my H-1B Amendment is in progress? If so what all documents will I need ?

Mr. Lee answers:
I suggest that the premium processing fee be paid to U.S.C.I.S. to expedite the adjudication of your H-1B amendment prior to your leaving the US. Such action could alleviate all your concerns concerning return to the country after a trip abroad. U.S.C.I.S. will reach the case for adjudication within 15 calendar days after receiving the premium processing request on form I-907 with filing fee of $1225. Coming back to the US when an H-1B amendment is in progress raises questions such as who you actually intend to work for when you come back; whether you should remain overseas until the H-1B amendment is approved; the extent of the change of circumstances requiring the amended petition, etc.