Q&A’s published on Lawyers.com and the Epoch Times on May 15, 2020 1. Would a Civil Case (Owing 2 Months Rent) Affect Me in the Future from Getting a Visa? 2. My OPT STEM Case is Processing Right Now. Am I Eligible to Work Right Now? 3. Would an Economics Degree + 1 Financial Accounting Course+ 1 Year Accounting Experience be Enough for a TN Visa Accountant Position?

1. Would a Civil Case (Owing 2 Months Rent) Affect Me in the Future from Getting a Visa?

I’m a Mexican student in Boston. I have been renting an apartment in Cambridge, MA. My landlord is planning on retaining my security deposit because 2 years ago we retained 2000 USD of the rent because we did not had A/C for 2 months. We are planning on not paying our last month and then go back to Mexico. Does a civil case (housing case) would affect my possibilities of getting a visitor’s visa in the future?

Mr. Lee answers:
A civil dispute is largely not relevant in the decision of whether to issue a US visa. The only relevance would be whether a consular officer on somehow finding out from you the details of the dispute over rent might come to a different conclusion that you did not pay because you did not have the resources to do so and might be a danger to either become a public charge or take up unauthorized employment.

2. My OPT STEM Case is Processing Right Now. Am I Eligible to Work Right Now?

I applied my OPT STEM two month ago. They return my materials twice because my form was outdated. I sent them the third time, then they receive it and processing right now. The first time I sent my application was on time. The third time my EAD card already expired. Am I eligible to work since they are processing my case right now?

Mr. Lee answers:
Although those applying for a STEM extension have the right to continue working during the time of extension, that is predicated upon the application for extension being filed on time. Your application appears to have been rejected 2 times by U.S.C.I.S., and you state that on the 3rd occasion, your EAD card was already expired. Under the circumstances, it would not appear that you have employment authorization at this time.

3. Would an Economics Degree + 1 Financial Accounting Course+ 1 Year Accounting Experience be Enough for a TN Visa Accountant Position?

I am a Canadian citizen working for a nonprofit in San Francisco. I’m currently on OPT as an accounting assistant and my employer would like to extend my employment and promote me to a full accountant position when my OPT expires in June. Would having an economics BA + financial accounting college course + 1 year accounting training and experience be sufficient credentials for a TN visa accountant position?

Mr. Lee answers:
An applicant for a TN professional position is adjudged eligible by degree, CPA, CA, CGA, or CMA, and not a combination of education and working experience. In your case, an immigration officer or inspector would look at your economics degree to determine whether it is closely related to an accounting degree. Economics would appear to be more related to marketing than to accounting, but the decision would be up to the adjudicating officer.