1. My H-1 to H-4 Conversion Denied
My H1 to H4 conversion denied on 11/30/2019 which I applied on 3/15/2019. Reason is: My spouse H1B expired on 7/31/2019 and currently in extension process. What should I do now? Can I submit my spouse’s extension receipt number?
Mr. Lee answers:
When a case is denied, you can file a motion within 30 days to have the case reopened with proof that your spouse has either obtained an H-1B extension or that it is still pending. If you are still in valid H-1B status, your other choice would be to file a new change of status application with the proof of your spouse’s approval or pending petition.
2. Can my cousin wait for her residence here if her stepdad is filling for her? Is her visa still be available during this process?
I want to know if she will be able to get her permanent residence here or she has to go to her country to wait for it. Or if her visa will still be available to travel during this process.
Mr. Lee answers:
Whether your cousin can wait for her residence here when her stepfather files for her depends upon a few things. First, he must be a US citizen or permanent resident. Currently the category for green card holders to spouse, children under the age of 21 is open, but the child must be maintaining legal status and not have worked illegally in order to adjust status here without leaving. If he is a U.S. citizen, a legal entry is generally the determining factor and being an overstay or working without permission are not disqualifying. Second, when was the stepchild relationship created. The immigration laws recognize the stepparent – stepchild relationship for immigration purposes only if the marriage creating the step relationship occurred prior to the child turning the age of 18. Third is the age and visa status of your cousin – if the above conditions are fulfilled and your cousin under the age of 21 at the time that the I-485 adjustment of status papers are filed, your cousin would be allowed to stay during the time of the adjudication. If 21 or older at the time of contemplated filing, her stepfather would only be able to file an I-130 petition for alien relative, and she would only be able to stay legally if she had a valid nonimmigrant status during the period of waiting which would be approximately 7-8 years. On the question of travel, there are two answers – if she is eligible for adjustment of status through form I-485 and such is filed, she would only be able to leave the country and reenter under advance parole or a nonimmigrant visa in the H or L categories. If not eligible to adjust but the step relationship is established before the age of 18 and the stepfather files an I-130 petition for alien relative, she could be allowed to travel to the US for short and infrequent visits during the pendency of her case under a B visiting visa.
3. Was given a citation for shoplifting, case was dismissed. Does it affect applying for citizenship?
Mr. Lee answers:
If the shoplifting charge was dismissed, it should not affect the citizenship application unless you admit the deed, and it was done within five years of the date of application if applying under the five-year rule and three years if applying under the three-year rule.
