Q&A’s published on the World Journal Weekly on June 5, 2022 1. Do my H4 status wife need to file a form I-539? 2. U.S Citizenship 3. EB2-NIW Policy Alert Jan 21, 2022 4. Did not include green paper in new application 5. I-130 for brother 6. Do I need to apply for a visa? 7. How come my mom was denied a reentry visa?

1. Do my H4 status wife need to file a form I-539?

I am currently employed at Company A where my H1B is valid till 06/2023. My wife is in the US on H4. Both of our I-94s are valid till 06/2023. I recently got a job offer from Company B who is processing my H1B transfer. The attorney from company B asked me to fill out the I-539 form for my wife. My questions are: 1. Do I even need to file Form I-539 for my wife since her I-94 is valid till 06/2023 and is not dependent upon the employer but my H1B status? 2. If I have to file the I-539 form, then what date do I put in box 1 of Part 3: Processing Information? 06/2023?

Mr. Lee answers,
You are correct that where your H-1B is valid until 6/2023 and your wife has H-4 status until the same date, you do not need to extend your wife’s status as it is not dependent upon the employer but upon your maintaining H-1B status. Your wife may wish to do so, however, to keep the same date as yours on your H-1B transfer. If you decide to file the I-539, your wife would put in the same proposed date of validity as your new H-1B on box 1 of part three.

2. U.S Citizenship

I’m 22 years old. I moved in US on April 2nd of year 2014, I was 14 back then. I was only a legal resident when I came here holding a green card, but my dad is a US citizen since 2010 can I still apply for citizenship through my father now that I am 22. If I can how should I process my papers?

Mr. Lee answers,
You appear to be qualified for automatic US citizenship under the Child Citizenship Act of 2000, if you were in the legal and physical custody of your father after coming to the US and before the age of 18. In such case, you should be able to file Form N-600 Application for Certificate of Citizenship to USCIS with the filing fee of $1170. You can apply online by creating an online account with USCIS or send by paper to the Phoenix lockbox of USCIS. The address of the lockbox is:
U.S. Postal Service (USPS):
USCIS P.O. Box 20100
Phoenix, AZ 85036
FedEx, UPS, and DHL deliveries:
USCIS Attn: Form N-600
1820 E. Skyharbor Circle S Suite 100
Phoenix, AZ 85034-4850 

3. EB2-NIW Policy Alert Jan 21, 2022

I would like to understand USCIS Policy Alert issue on Jan 21, 2022. Am eligible for EB2 category, However my employer has not started the process yet Q1 – Can I use EB2-NIW category? Q2 – Without Employer, can I file EB2-NIW category independently based on my degree and experience? I am a China Born Australian Citizen Looking forward to lodge my perm filing with a Lawyer if I can file independently.

Mr. Lee answers,
The policy alert defines a USCIS attempt to attract and make the process somewhat easier for science, technology, engineering, and mathematics STEM individuals to immigrate to the US. It has traditionally been easier for a NIW case to be approved where there is an employer. USCIS appears to have softened on the need where STEM people are concerned. For a more comprehensive look at your case, you should consult with an immigration lawyer who can look over your background and discuss your options including NIW.

4. Did not include green paper in new application

I applied green card and I got a rejection notice due to error in payment. I sent a new application but did not attach the green letter but only I-767C rejection letter of I-485 on top of my new application. I am playing by credit card and attached the G-1450 form also. Not attaching the green letter on the new application will make any difference to the new application?

Mr. Lee answers,
The green paper’s purpose is to alert USCIS personnel that a rejected application is being resubmitted. It makes it easier for USCIS to identify re-submittals. If you are resubmitting the entire package and timing is not an issue, the green sheet has less value. On the other hand, it has more value as an identifier if USCIS has already separated the materials, retained some, and returned the rest to you. 

5. I-130 for brother

I applied for my brother back in August 2008 and I-130 was approved 2010.  Di I still have to wait?

Mr. Lee answers,
In the month of May 2022, the dates for filing visa chart for most countries of the world other than India, Mexico, and the Philippines (longer waiting times) is only up to October 1, 2007. The dates for filing chart controls the time that further steps short of immigrant visa interviews can begin. The final action dates chart which controls when immigrant visa interviews can be scheduled and immigrant visas issued is currently only up to March 22, 2007 for most countries of the world. With an August 2008 priority date, your brother will have to continue waiting. Unfortunately, progress in your brother’s category has been very slow recently. Hopefully it will begin to speed up soon. 

6. Do I need to apply for a visa?

Canadian citizen. I visited the US for 3.5 months. Came back to Canada for a few weeks and would like to visit the US again for 4 months. It is unclear online if the 6 month allowance resets when I go back to Canada or if I am only allowed to visit for 6 months in a 12 month period. Visit only. No work, no school.

Mr. Lee answers,
An individual coming to the United States for purposes of visiting with visa (or for Canadians without visas) must still prove to Customs and Border inspectors that he or she is only visiting the US and not attempting to make the US the country of residence. Visiting the US shortly after leaving may raise questions concerning your intent. Six months is a guide and not a hard and fast rule, but visitors are encouraged to only be in the US six months and less during a year.

7. How come my mom was denied a reentry visa?

My mom is a green card holder and overstayed in the Philippines due to pandemic (since Jan 2020) she is a 62 yrs old and is a high risk (diabetes and hypertension) she is also a tax filer in the US, she is married to a US veteran. She has been in out of the USA since 2005. Pls advise me on this. Her green card is not even expired.

Mr. Lee answers,
A reentry permit must be applied for while the applicant is in the United States. Since your mother is overseas, she has choices of trying to apply for a special immigrant visa with the American Embassy or boarding a plane back to the US and explaining with documents her situation to Customs and Border Protection at the port of entry. Immigration lawyers by and large suggest the second course of action since it appears to be more difficult to obtain a special immigrant visa.