1. When Should I Leave U.S. if My Extension of Stay Is Still Pending?
Should I leave USA if my extension of stay is still pending? I am on a B1/B2 visa. At the end of September will be 1 year that I am in USA but I didn’t get yet an answer for my extension. Can I still stay in USA?
Mr. Lee answers:
If you wish to remain in the US legally, you have to file for another extension of your status even though the current application is still pending. Not only would you be considered technically illegal if you did not, but you might be in the unenviable position of having an approval which does not extend up to the date that you are still staying in the US, if the current extension request is ultimately approved.
2. DACA Violation
My fiancé violated her DACA program due to a very small amount of drugs. Is it possible to marry someone who has violated the program? She is currently being held Louisiana pending hearing/deportation.
Mr. Lee answers:
It is always possible to marry persons who are single and of the right age to marry regardless of whether the person has criminal problems. The question is what you will be able to do for her immigration-wise when you are married, and that may depend upon your status, what kind of drugs were involved, and the amount in question. Also whether there was a “conviction” in the criminal court. Immigration law is very tough on drug offenders but does have a waiver provision for a conviction involving marijuana possession of 30 g and less.
3. Immigration Related Question
My sister and mother entered America on ESTA with British passport. They both overstayed their stay, my sister was minor at the time. For several years they entered America on ESTA until their ESTA was cancelled because US immigration found out the fact of their overstayed years ago. My sister now wants to marry an American citizen who is traveling to U.K. to marry her and they want to apply for green card for her. My mother wants to enter America as well through her other 3 children who are US citizens. What’s the likely hood of both to succeed?
Mr. Lee answers:
The likelihood that both will succeed is good so long as the marriage is bona fide. Having the ESTA canceled for an overstay may affect the individual’s ability to return to the US under ESTA or a nonimmigrant visa, but it should have no effect upon an immigrant visa petition based upon marriage or through a US citizen child so long as no misrepresentation was made at the time of ESTA entry.
