1. How Do I Change Visa Type?
My friend from Brazil is here on a B1/B2 visa. He wants to do freelance video production. Is it possible to apply for a change of status (COS) to some type of work visa?
Mr. Lee answers，
I cannot think of an appropriate visa for your friend from Brazil to change status to in order to do freelance video production unless he is good enough to qualify for O-1 extraordinary alien status. If not, he may wish to consult with an immigration lawyer to go over his options and what compromises he is willing to make with his goals if he is eligible to obtain some other type of visa status to remain in the country for a longer period of time.
2. I Think My Husband Married Me to Get to the U.S. Because After He Got His Green Card His Actions Toward Me Has Changed.
My husband has been here for one year and three months. After four months here I caught him on a dating site seeking a relationship. I have also found pictures in his phone of a woman with a baby sent to him back in his country. I have found a Mexican lady in his phone as well. When I asked him about these he would say the woman with the baby is his friend’s wife. However, its several pictures. He also deliberately picks fights with me I think to try to ruin the relationship. He wants to be looked at as a good guy by his friends and family. He has opened his own bank account he used to deposit money into our joint account but now he don’t. I feel like he is planning things behind my back. If I feel like he used me to get here and want a divorce what can I do?
Mr. Lee answers，
If your husband is a conditional resident, you can decide whether to assist him in removing the conditional basis of residence status by signing the I-751 form and cooperating throughout the adjudication process. If he is already a permanent resident (marriage was at least two years old prior to him coming to the US), you have less hold over his actions. At present, you have suspicions, but there is likely nothing that you can do with them vis-a-vis U.S.C.I.S. Even in the event that he eventually initiates divorce proceedings, you would probably not interest the agency into going after his green card since it appears that he has been living with you for the duration of time that he has been in the US.
3. What Kind of Visa Can I be Eligible If My Brother Has a US Green Card?
My brother(26 years old) won the green card lottery and I – sister (25) want to learn the important steps of the application process as well as I want to know if I can also benefit that opportunity: residential visa, working permit, etc. He lives in Europe and I have been living in the US for the last 3 years with an F-1 visa.
Mr. Lee answers，
Unfortunately there is no benefit to be received from a brother or sister who obtains a green card under US immigration law. You would have to keep maintaining your independent legal status in the US.
