Q&A’s published on Lawyers.com and the Epoch Times on December 18, 2020 1. Can I use my green card & go out of the country if it has a small spelling error on my last name? 2. I have a problem with my student visa I had to get a new F1 visa and it’s been more than 2 months embassy still hasn’t replied. 3. Can I marry a U.S. citizen using my 30 days grace period?

1. Can I use my green card & go out of the country if it has a small spelling error on my last name?

I got my green card about a week ago and I just noticed a small mistake, on my last name it’s supposed to be Espinoza but it says Espinosa on the card could this cause issues with me using it or leaving the United States?

Mr. Lee answers,
The difficulty is that, if you use the green card with the wrong spelling, the wrong spelling may migrate over into other identification papers or cause you problems with agencies other than DHS. On using the incorrect card to travel in and out of the US, you may be referred to secondary inspection upon your return while Customs and Border Protection attempts to determine that you are who you say you are. Ultimately you would be admitted, but CBP would probably advise you to file an I-90 application to replace the incorrect green card. You should perhaps do that affirmatively at this time. 

2. I have a problem with my student visa I had to get a new F1 visa and it’s been more than 2 months embassy still hasn’t replied.

I had to get a new F1 visa and embassy still hasn’t replied. They said to check my case status on CEAC and they said its going through administrative processing and it’s been more than 2 months and I missed my semester in college.

Mr. Lee answers,
Unfortunately, this is the risk that F-1 students face when they either want to or have to go overseas to obtain a new visa to reenter the US. In these days of emphasis on security threats, many applications are being held up in administrative processing. Although it may or may not help, you can ask your school to contact the American embassy or approach a congressman or senator’s office, explain the situation of hardship, and attempt to have their offices contact the embassy. 

3. Can I marry a U.S. citizen using my 30 days grace period?

I’m a J1 intern and not subject to 2-year residence. I’m currently using my 30 days grace period. I’m 4 months pregnant to my American boyfriend and about to marry next week. Am I eligible to marry him even if my i94 has already expired?

Mr. Lee answers:
Someone who marries a US citizen is considered an immediate relative under US immigration law, and such individuals are allowed to adjust status even if they have overstayed their visas. In your case, the 30 day grace period is recognized as a period of legal stay. But even if you exceeded it before filing for adjustment of status, you would still be eligible for permanent residence.