Q&A’s published on Lawyers.com and the Epoch Times – 12/08/2017 1. Will My Biological Son Be Able to Petition for Me Being That He Was Adopted? 2. Left U.S. 4 Days After J-1 30 Grace Period Due to Illness…..Will This Affect An H1-B Application? 3. Married to a U.S. Citizen And Have Been Here Since 6 Years Old. Am I Able to Fix Papers? 4. Waiver Application Process

1. Will My Biological Son Be Able to Petition for Me Being That He Was Adopted?

Mr. Lee answers:
That depends upon whether your son gained any immigration benefits from his adoption. For example, if his adoptive parents gave him immigration benefits to the U. S., he would not be able to petition for you as his natural mother. If he immigrated independently to the U. S., he would be able to petition for you assuming that he goes to court and terminates the adoption.

2. Left U.S. 4 Days After J-1 30 Grace Period Due to Illness…..Will This Affect An H1-B Application?

In 2015 I departed the US 4 days after the end of my 30 day grace period on my J-1/DS-2019 because of illness. I had a flight booked to the UK within the grace period. However, after checking in my bags at the airport I passed out and collapsed in the security line (I had flu and very high fever). I was taken off the flight and rebooked on the next available flight which was 4 days later. I have an email from the airline confirming that I did not fly on the original booking date because of illness. The expiration on my I-94 was D/S. Is this likely to affect an H1-B application? 

Mr. Lee answers:
I do not see that your overstaying the grace period for such a short time because of illness at the airport for which you have documentation would be held against you in any visa application at a U. S. consulate or Embassy.

3. Married to a U.S. Citizen And Have Been Here Since 6 Years Old. Am I Able to Fix Papers?

I came to the US from Guatemala at the age of 6,went to school here graduated and went to college for two years got married to a US citizen 13 years ago we have 4 children am I able to fix my papers thru him or the dream act ?

Mr. Lee answers:
I will assume that you never ran afoul of Immigration or criminal laws except for perhaps entering the U. S. without inspection or overstaying. I will also assume that you entered the U. S. without inspection and are not eligible for adjustment of status to permanent residence. If both assumptions are true, you should be able to fix your papers through your husband.  You can take advantage of the Administration’s I-601A program under which, following the approval of an I-130 Petition for Alien Relative on your behalf by your husband, you would file for a provisional I-601A waiver while in the U. S. based upon extreme hardship to your husband if such was not granted. With 4 children and the length of your marriage, the possibility of approval is high. Following I-601A approval, your case would be consular processed and you would in all likelihood have a regular interview after which you would return to the U. S. with an immigrant visa.

4. Waiver Application Process

A friend of mine that is Australian is under a 10 year ban from the US and is wondering how to go about applying for a waiver to be unbanned so he can be reunited with his wife.

Mr. Lee answers:
Assuming that the wife is a U. S. citizen or permanent resident, she would petition for him and he would ultimately be interviewed at the American consulate or Embassy overseas. He would be refused for an immigrant visa and if eligible for a waiver, he would be instructed by the consulate or embassy to file one. If the ground was illegal presence in the U. S. for a year or more, he would be instructed to file an I-601 Application for Waiver of Ground of Excludability. If he was deported, he would be instructed to file form I-212 Application for Permission to Reapply for Admission into the U. S. after Deportation or Removal. Such waiver applications would be adjudicated by U.S.C.I.S., usually within a year.

ldc_logo250x40.png