1. Due Process and DNA, If An “Illegal” Has Blood Native to American Soil, Are They Illegal or a US Citizen? Pres Wilson Declared All Natives Are!
Should all Trump detainees be DNA tested so as to prevent a US citizen from deportation?
Mr. Lee answers:
The generally held view is that individuals who are claiming to be U. S. citizens must affirmatively make that claim to the Department of Homeland Security if they wish to be recognized as such, and that it is not the duty of the government to ensure that they are not before moving against them in removal proceedings.
2. Is the Process of Conversion of Status From H-4 to F-1 Easy And If So, Is It Necessary to Get F-1 Visa As Well?
I am going to get married to my fiancee who is currently on H-1B visa in US. Post marriage, how should I join him? With H-4 visa, then after a year apply for F-1 status or apply for F-1 visa from the beginning? Which way is safer, and would lead me to living an independent life in terms of work and study options. Please suggest which way is safer? Conversion from H-4 to F-1 is it easy to get it done.
Mr. Lee answers:
If you are overseas, your then husband is holding H-1B status, and you wish to join him, you would likely do so under an H-4 visa as that is more likely to be approved by a consular officer than an F-1 visa. After being in the U. S., you could make an application to change status to F-1 student. The conversion from H-4 to F-1 status with U.S.C.I.S. in most cases should not be a problem although USCIS is delaying many adjudications. The question of whether to later obtain an F-1 visa rather than just being satisfied with the F-1 change of status depends upon your need to travel. Both H-4 and F-1 would allow you independence in terms of study options. For work, you would need the permission of the school for curriculum practical training and of U.S.C.I.S. for optional practical training under F-1, and your husband would have to either have an I-140 petition approved or be eligible for continuation of the H-1B past 6 years for you to obtain work permission from USCIS under H-4 status. Please also note that the H-4 work authorization is being threatened by the Trump administration.
3. If My Visa Expires Today How Long Do I Have to Leave the Country?
Mr. Lee answers:
To DHS, an individual whose visa expires should leave the country immediately. For certain classes of individuals on working visas, they are given a 10 day grace period to leave. Those on J exchange visitor visas are given a 30 day grace period and those under F-1 student status a 60 day grace period.
