1. I filed I-539 extension for B2 visa on time, but so far I had only the 13 digits receipt. Should I leave?
I filed I-539 extension application with B2 Visa on time, but I have not received any result; I only have the receipt notice. My worry is that the 180 days (I read this from a USCIS site) allowable days for me to stay supposedly after filing extension supposing it is approved has lapsed. Should I leave the US?
Mr. Lee answers:
An applicant for timely B-2 extension is entitled to remain in the US to await the results of the decision, but your better action if you were going to stay past the time that you earlier requested would have been to apply for another extension. If USCIS approves the extension request (six months is the maximum extension time), that will be over the time from April 2, and you will begin to accrue unlawful presence as soon as the decision is made. Whether you stay or leave at this time is your decision, but USCIS would likely prefer for you to leave if you did not file another extension request or other application to attempt to maintain your nonimmigrant status.
2. My Son (Visa Waiver) in the US, (not married, 33 years old) , I am Permanent Resident Card holder Mom, may I process the I-130 and I-485 together? He is overstayed.
It is a just a thinking situation : if my son comes with Visa Waiver to the US and he will overstay. May I file for him I-130 and I-485 together and can he stay under the process in here in the US ( I am a green card holder Mom)? If not, maybe he will come to the US (with Visa Waiver), and under the visiting time I will file the I-130 and I-485, is it will work? Or other way, if the GC holder applies for the son, who is abroad, under the process, he may come to the US or must wait 7-13 years without visiting his mother?
Mr. Lee answers:
As a permanent resident filing for a 33-year-old single son, he is in the F-2B category which in the month of January 2021 only has filing date availability for those who filed prior to 5/1/16 for all of the world except for further backlogged countries Mexico and the Philippines. Adjustment of status (I-485) is only allowed where there is visa availability. Your idea of having your son adjust status when he enters will not be allowed because of the long period of time that he must wait before his quota becomes current. Insofar as visiting you is concerned during the time of waiting, he is allowed to do so as long as he is able to convince immigration inspectors at the port of entry that he intends to return within the 90 day period allowed on visits under the visa waiver program. He should space out any visits so that DHS can see that he spends much more time in his home country than the United States.
3. Reduced misdemeanor charge speeding
I do have a misdemeanor charge of speeding in Virginia (2019) and the judge asked me to do driving school and 12 hours community service and charge reduced to infraction of simple speeding I paid the fine. How it will affect the N-400 application. I had 4 driving tickets 1- The number plate is not visible – Fine paid. 2- Careless driving – Fine paid in 2017. 3- Not obey the sign -2018- Fine paid. 4- Children are not wearing a belt- Fine paid 2019.
Mr. Lee answers:
Offenses against the law are important in naturalization cases since applicants must prove good moral character for the length of time required following the green card to file the N-400 application. Generally, traffic offenses should not prevent individuals from obtaining naturalization if the applicants are qualified in all other respects. The fact that you have four traffic offenses may be looked at more carefully, but I believe that four over a period of three years can probably be overlooked.
4. I applied I-130 form for my sister. Can she apply the form I-485 also?
I am a U.S. citizen and filed I-130 for my biological sister.
Mr. Lee answers:
The F-4 category for siblings of US citizens is presently available for filing forms I-485 only to those filed I-130 petitions before 9/15/07 (dates for filing chart) except for further backlogged countries India, Mexico, and the Philippines. Because there is no visa availability, an I-485 cannot be filed. The US does not allow individuals to file I-485 applications and then wait until the priority date is current. Sorry.
5. My husband owes child support. Will it affect my immigration petition?
My husband has outstanding child support on New York. He’s filing an immigration petition for me. Will this affect me? If so, how can he be rectified or to pay outstanding amounts? How can it be rectified?
Mr. Lee answers:
If your husband has outstanding child support obligations, he should either pay the amount owing on child support, or if unable to do so, make a schedule with the child’s mother for the outstanding balance over time. Your husband’s inability to pay child support casts doubt upon his ability to support you under the I-864 affidavit of support, a requirement in your immigration case.