1. Is there a list to find out if your person you want to bring back can come back?
My husband was deported about 22 years ago and I would like to bring him home to USA. I want to know if there is a list or something to fined out before I do all this paper work if they will even think about letting him back to the USA.
Mr. Lee answers:
There is no list of which we are aware that designates people who can come back to the US after being deported. Generally speaking, a deportation or removal order is in effect for 10 years when a person leaves the US under an order of removal or deportation. If you are concerned that your husband is otherwise barred, I suggest that you obtain a copy of your husband’s immigration file and consult with an immigration attorney.
2. I’m US Citizen and my husband has only a work permit but if I want to apply for a visa for my mother-in-law and father-in-law, what do we have to do?
I’m US Citizen and my husband has only a work permit but if I want to apply for a visa for my mother-in-law and father-in-law, what do we have to do, there are too old but they are alone in India so we playing how we bring them here.
Mr. Lee answers:
To apply for your in-laws to live here permanently on immigrant visas, your husband would have to become a US citizen to sponsor them. To apply for them to visit the US, they would have to go through nonimmigrant visa application interviews at the American Consulate overseas. You could help by guaranteeing financial support and that they will leave at the end of their period of visit. Kindly note that visitor visas are given in the discretion of the consular officer.
3. I’m on B2 visa currently here in USA. I have pending spouse visa application petitioned by my US citizen husband. Can I get EAD?
I’m currently in USA using a b-2 visa. I have a spouse visa application pending petition in NVC by my USC husband. I would like to work and get EAD while waiting for my immigrant visa interview.
Mr. Lee answers,
You can apply for an EAD if you choose to file for adjustment of status through form I-485 application to adjust status to permanent residence. Work authorization through form I-765 is an ancillary benefit that can be applied for by those filing for adjustment. I note that if you file for adjustment, you should request the NVC to stop processing your matter for a consular interview.
4. A Multiple filer?
I have filed a I-129F (petition for alien fiancé). I wish to cancel the petition since the relationship has ended. The case is still pending however, therefore it has not been approved or denied. Once I write to immigration and the case is cancelled, if in the future I wish to file another I-129F for another fiancé, would I be considered a multiple filer?
Mr. Lee answers:
Assuming that the petition is not approved, and you have only filed once, you would not be considered a multiple filer. The instructions to the I-129F form define who is considered a multiple filer: 1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or 2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.
5. Can I file Green Card while I am on TN visa in the US
I am on TN visa here in the US and want to apply for GC. What is the way out.
Mr. Lee answers:
A TN visa is not dual-purpose and the TN holder must have nonimmigrant intent. When a TN holder begins to apply for permanent residence, the more chances of having a problem with status occur when the person continues trying to go in and out of the United States and may be questioned by Customs and Border Protection (CBP) when reentering. We suggest to our clients that they curtail their travels during the time of petition/application with USCIS unless they are adjusting status and obtain advance parole documentation. They should also obtain an EAD to work legally under those circumstances.
6. How can I sponsor my sick sister if I am a US Permanent Resident?
My sister lives in México and is very ill. I am a US Permanent Resident and want to know how I can sponsor her.
Mr. Lee answers:
There is no immigrant visa category that allows a permanent resident to sponsor a sibling. Assuming that you are able to make provision for her medical treatment in the US which she is incapable of receiving in Mexico because of the more advanced state of medicine in the US, you may be able to have her apply for a visitor visa to come for medical treatment.