Q&A’s published on Lawyers.com and the Epoch Times – 10/13/2017 1. Can I Take A Short Course On B-2 Visa? 2. Can One Apply for I-140 on H-4 EAD? 3. Illegal Immigrant

1.Can I Take A Short Course On B-2 Visa?

I am legally in the US until December and would like to complete a short course in nail and make-up. Can this be done on a B-2 visitor’s visa?

Mr. Lee answers:
Although US law does not allow B-2 visitors to study during the time that they are in that status, a short course in nail and makeup would be an exception to the rule if it is a casual, short-term class and does not lead to certification at the end.

2. Can One Apply for I-140 on H-4 EAD?

Scenario is 1. Applied for perm before 6th year H1 expiration 2. changed to H4 and H4 EAD 3. Currently on H4 EAD as spouse has I-140. 4. If perm approved in 2-3 months while on H4 EAD, can one apply for I-140? Or should the person convert to H1 and then apply for I-140? 

Mr. Lee answers:
Whether you are H-1B or H-4 on an EAD makes no difference in your organization filing an I-140 preference petition for you. The I-140 petition mainly adjudicates whether the category under which the organization is requesting you under, e.g. EB-2 or EB-3, is appropriate to the type of position and requirements which are being requested in the PERM application; whether you are qualified for the position as stated by the requirements of the PERM labor certification; and whether the employer has the ability to pay you the prevailing wage which is indicated on the PERM application.

3.Illegal Immigrant

I am an illegal immigrant who’s been in the state of CA since the age of 3 (I am now 26). My fiancée is a US citizen and we were trying to figure out if it would be better to get married here in the US, or in Mexico, where we are planning to move for as long as it takes for me to obtain some kind of legal status.

Mr. Lee answers:
You would most likely be better off being married in the state of California since a return to Mexico would bar you for 10 years from the U. S. because of your unauthorized stay since the age of 3. If you marry in Mexico and your wife files for you, you would have to be denied an immigrant visa, told to file for a waiver, and then have to file for and receive an I-601 waiver before you could return to the States. Such waiver would be based upon establishing extreme hardship to your wife if the waiver was not granted and you had to stay in Mexico. If in the States, you could file for an I- 601A provisional waiver which you could wait for and see the result of before making a decision to leave the country.  The criteria for waiver would be the same as with an I-601 – hardship to your U. S. citizen wife if the waiver is not granted. Assuming that the I-601A is approved, your consular processing would in all likelihood be normal.