1. Can the spouse and beneficiary of a Green Card applicant apply for a J1 visa herself after the I-140 is approved but prior to completing the DS-260?
Me and my wife are both Spanish citizens living and working in the USA. I have recently had the I-140 approved via the EB2 NIW, where I have listed my wife as a beneficiary. We will undertake Immigrant Visa Processing in Spain, and our case is already in the National Visa Center, but have not yet paid the fees nor completed the DS-260 form. My wife is a research scholar with a valid DS-2019 form, but with expired J1 visa stamp. She has the opportunity to go to Spain in the coming weeks and renew her J1 visa stamp, but we wanted to know if doing so might jeopardize the IVP (even if we do not pay fees and complete the DS-260 form until after she has renewed the J1 visa stamp). Is it possible that she might be denied either the J1 visa and/or the Green Card if she first renews her J1 visa stamp and afterwards we pay the IVP fees and complete the DS-260 form.
Mr. Lee answers:
In applying for a discretionary visa like J-1, there are generally no guarantees that the visa will be issued by the consulate or embassy. Although your wife is not the direct beneficiary of the I-140 petition, she may be asked whether you have filed any immigration petitions. A good factor for your wife to point to if such comes up is that you have elected consular processing instead of an adjustment of status application. On the question of an impact to the immigration visa process, your wife’s applying for the J-1 visa would not impact it as long as she does not make any misrepresentations on form or speech before the consular officer. Under recent guidance, a dependent family member does not have to state on the nonimmigrant visa form that he or she has applied for a visa petition. You have indicated the better strategy if deciding to apply for the J-1 visa to make the application first and then continue paying the IVP fees and completing the DS-260 form.
2. Employment Authorization Document
I applied to renew my EAD in September last year. I haven’t received it yet, EAD expired as well as the extension. I’m losing my job in a few days.
Mr. Lee answers,
Unfortunately, USCIS has a backlog on EAD extensions which it is working to whittle down. It will only entertain and expedite under the following circumstances: If you are a healthcare worker Who has a pending Employment Authorization Document (EAD) renewal application (Form I-765, Application for Employment Authorization); and Whose EAD expires within 30 days or less, or has already expired. USCIS may also consider an expedite request in your case if it meets one or more of the following criteria or circumstance: Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to: Timely file the benefit request, or Timely respond to any requests for additional evidence; Emergencies and urgent humanitarian reasons.
3. Pending I-130 & F1
My mom is 65 years and single. She is a green card holder and filed I-130 for me in July 2019. Now I want to go through a student visa. Will it be successful or denied?
Mr. Lee answers,
If you are interviewing for a F-1 visa at an American embassy or consulate, the chances are that you may have a problem obtaining the visa as it is one that requires nonimmigrant intent. The decision will be up to the American Counselor office who interviews you taking into account whether he or she believes that you will return to the home country following your time of study in the U.S. if your permanent residence case has not been approved by that time. If in the US and you are seeking change of status, the chances are better in our experience.
4. How can I Change marital status with USCIS
I am a legal resident and I put in a petition (I-130) for my daughter in 2017. It is approved and sits with NVC. During this time I got married and would like to change my name. Does this affect that application? Can I legally change my name? do I have to notify USCIS of this change?
Mr. Lee answers,
The change of name should not affect your petition for your daughter. As the case is sitting at the NVC at this time, you can notify the NVC of your name change with a copy of your marriage certificate. You do not have to do anything with USCIS as your daughter’s case is no longer in its offices.
5. My sister is a US citizen. Can she petition for me for adjustment of status?
I am living in the US and been here since How long will it take to get a green card?
Mr. Lee answers:
Your sister can apply for you while you are here in the States, but her petition does not give you any rights to stay in the country while your case for immigration is pending. For the month of April 2022, the F-4 category for sponsored siblings of US citizens is available for immigration visas for those who filed before March 22, 2007 for all countries of the world except for India, Mexico, and Philippines natives who must wait longer. If born in all other countries, the waiting time is thus 15 years currently.
6. Non-immigrant travel from Mexico back to US
I’m the spouse of an E2 visa holder and need to leave the country to extend my i-94. I was thinking of traveling to Mexico and re-enter the US. Will there be any issues entering the US via air as a non-immigrant during the pandemic?
Mr. Lee answers,
I am not aware of any immigration barriers that would keep you from going to Mexico by air and returning. You should of course be aware of all the latest Covid-19 protocols of the two countries. Finally, you should check with your attorney to see whether a trip to Mexico and back will actually extend the I-94 that you presently have.
7. How fast can I work with a tourist visa?
I am planning to visit the States with a tourist visa but thinking of getting employment before returning. Making some cash to cater for my other needs.
Mr. Lee answers:
A tourist visa in the United States is not a working visa, and you cannot apply for working privileges in the US based on a tourist visa. Any work done in the US for an employer or most self-employment situations is considered unlawful.
8. I am a citizen but my parents entered illegally if I join the army can they get their citizenship?
I am a citizen of the United States but my parents entered the country illegally. If I join the army could they get citizenship or a green card.
Mr. Lee answers,
There is a possibility that your parents may be able to adjust status if you join the Army. USCIS has been receptive to allowing parents of service members who entered the country illegally to obtain parole in place for purposes of adjustment of status to permanent residence.