Q&A’s published on Lawyers.com and the Epoch Times on May 31, 2019 1. Will Traffic Violation Get Me Deported? 2. Will I Still Be Able to Get My Green Card? 3. Can I Marry a Chinese Student On a F-1 Visa

1. Will Traffic Violation Get Me Deported?

In New Jersey got a “driving with telephone” ticket and have mandatory court appearance. I do have a valid driver’s license but no social security number. Will my legal status be brought up in court? Could I be deported over this? I have never even gotten a speeding ticket in the past 14 years.

Mr. Lee Answers: 
No one can predict with any great certainty what will happen now that Donald Trump is president. He has emboldened ICE to even hang around courthouses in the hopes of catching undocumented immigrants. That being said, ICE usually has a concern with the individual previously when it does that. As New Jersey is not a red state, the chance of you having a problem appearing on a traffic ticket in New Jersey is very low if you have not had prior encounters with Immigration.

2. Will I Still Be Able to Get My Green Card?

I am a green card holder through marriage. I applied for the removal of conditions 14 months ago after my 2 year green card was coming to an end. The USCIS is processing applications that are few months after mine. I called them since my one year extantion expired and I had to get another year extension. They told me that the company that took my biomedics still did not provide a background check and that there is nothing that they can or will do. I was suppose to get a decision couple of months ago. The issue now is that my husband and I are on very bad terms and he is going to apply for a divorce any day now. How can this affect me? To sum up We filed the I-751 together and he signed it over 14 months ago but due to missing biomedics my case is still pending and he wants a divorce now.

 Mr. Lee Answers:
Even if your husband divorces you at this time and your case is still pending, U.S.C.I.S. would give you the opportunity to amend your I-751 to another category such as having been in a bona fide marriage which is now dissolved. You would notify U.S.C.I.S. of the development once you divorce, and U.S.C.I.S. would reclassify your case. You would not have to refile if your case is still pending.

3. Can I Marry a Chinese Student On a F-1 Visa

She will graduate in May, apply for OTP, We want to marry on May 20. Send OTP out next week. Then start the application process.

Mr. Lee Answers:
There is nothing precluding an individual from marrying a student on an F-1 visa, and having her send out the OPT prior to the marriage is probably a good idea as it gives options in the event that something goes wrong with your application process.