Q&A’s published on Lawyers.com and the Epoch Times – 08/11/2017 1. Can My Husband Apply for Any Type of Visa After Being Deported? 2. Affidavit of Support 3. Employer Visa

1. Can My Husband Apply for Any Type of Visa After Being Deported?

My husband is going on four years next month after being deported. Can or is there any way of getting him a temporary visa?

Mr. Lee answers:
A person who has been deported is barred from coming back to the US for 10 years unless the person has advance permission to return by the Department of Homeland Security. However, there is a chance that a person applying for a nonimmigrant visa may be allowed an opportunity to enter temporarily by a consular officer who would recommend a temporary waiver to the Department of Homeland Security. The decision would be made by U.S.C.I.S.’s admissibility review office taking into consideration among other factors the person’s record, reason for travel, favorable factors, danger to others and threats to national security.

2. Affidavit of Support

I’m a US citizen and am planning to file for permanent residency for my mother. I can’t provide her with affidavit of support. She has a friend who’s willing to provide her with affidavit of support. Does that mean that I don’t fill out affidavit of support form at all or do I need to fill it out and show income as 0$? I’m a stay at home mom, but my husband’s income is sufficient. He’s not willing to carry a responsibility for my mothers financial needs.

Mr. Lee answers:
Regardless of whether you have income or assets, you must fill out the affidavit of support. If you have no income, you can explain such. Your husband is not obligated to support your mother. Your mother’s friend can provide her with a cosponsor’s affidavit of support. 

3. Employer Visa

My fiancé has a passport an ID and an ITIN number and a man that we know has his own business and wants to know how he can help my fiancé apply for a work visa.

Mr. Lee answers:
Just because your fiancé has a passport, ID, and ITIN does not mean that he has the right to work. The business owner that you know may run afoul of the immigration laws on illegal employment if he hires your fiancé if your fiancé is not authorized to work. You may wish to have your fiancé meet with an immigration lawyer to go over whatever options that he has pertaining to his ability to obtain work authorization or any other immigration benefits in the US.