Q&A’s published on Lawyers.com and the Epoch Times – 3/02/2018 1. From B-2 to F-1 2. Political Asylum Closed Then Get Married 3. Will I Be Able to Get my Citizenship?

1. From B-2 to F-1

I will be entering USA in a b2 visa and this will be my second time there. I am thinking to join a community college there. I have not applied for the college yet. Should I declare in the immigration that I would be applying for college? How can I get a f1 approval and increase my chances of getting a F1.

Mr. Lee answers:
An individual entering the U. S. on a B-2 visa is not supposed to have a preconceived intent to change status to student. U.S.C.I.S. now believes that anyone who attempts to do so within 90 days of entry presumptively had the intent prior to entry and will generally deny the application.

2. Political Asylum Closed Then Get Married

I got denied on political asylum in 2015, then I was back to F1 visa to finish my degree. In 2017, I get married and try to apply for a green card, does the closed political asylum case affect my marriage green card?

I have been in the United States for four years, I have missed my family so much. May I go home after getting my marriage green card or should I apply for an advanced parole? then I can have more possibility to reenter in USA with marriage green card and advanced parole?

Mr. Lee answers:
Assuming that you were in F-1 status at the time of your political asylum case and that U.S.C.I.S. simply closed your case, the case should not have much effect unless you committed fraud or misrepresentation in your application. You should be able to return home after getting your marriage green card. Although I do not think that you would have a problem with advance parole, it might be better for you to wait until obtaining your green card since you expressed fear of returning to your home country in the asylum application.

3. Will I Be Able to Get my Citizenship?

I came to USA in March 2016 with K-1 visa. Me and my fiance got married may 2016. I got my conditional two years permanent residency 05/30/17 which will expire 05/30/19. I am supposed to reapply to remove my condition. But our relationship is not working well and we might get separated very soon. But I would like to stay in US to finish my school and get my citizenship. So I could leave this country and then come back if I want to or if I have to. So my question is, on my current visa status will I be able to stay or get my citizenship even if we got divorce? If yes, how many years it might take approximately?

Mr. Lee answers:
If you gather sufficient evidence to convince U.S.C.I.S. that you have had a bona fide marriage in which you were living together, you can apply to remove the conditional basis of your residence status at any time after you obtain your divorce and before the expiration of your two-year residence on 5/30/19. In the event that the removal of conditions is allowed, you would have to wait 5 years instead of 3 years to submit your application for citizenship. Such would be in 2022, and since the law allows you to submit 90 days ahead of time, you could put in the N-400 application at the end of February or beginning of March 2022.