1. Can I get an F-2 visa while my husband’s green card application is pending?
My husband has a PERM application pending. He’s currently working with his F-1 OPT. I am currently on J-1. After my J-1 expires, I want to apply for F-2. Would my husband’s OPT or his pending PERM application prevent me from getting an F-2 visa?
Mr. Lee answers,
If in the US for change of status, probably not. If you are thinking of obtaining an F-2 visa at an American consulate or embassy under the circumstances that you describe, you may or may not have difficulty in obtaining the visa. Unless your husband is eligible for or on STEM OPT, a consular officer may be reluctant to issue the visa as your husband will supposedly be back to the home country soon, and the officer may not wish to encourage his staying in the country.
2. Do I need visa while my husband’s green card application is pending?
I am on a J-1 and my husband is on an F-1 visa. He is applying for a green card. His PERM application is currently pending. – Do I need to maintain status (i) after we submit I-485 and/or (ii) before we submit I-485? – What does maintain status exactly mean? Does being out of the US with no visa count as maintaining status? Or do I need to have a J-1 or F-2 visa? – If we can submit I-485 before my J-1 expires, will I be able to stay in the US with no valid visa while I-485 is pending?
Mr. Lee answers,
Maintenance of status only has to do with an individual’s status when he or she is in the United States. USCIS has no interest in what a person does outside the States. For you to apply for an I-485 application, you need to be physically in the country. If in the country, you are required to maintain a legal status prior to filing for the I-485. After filing the I-485, you can choose to maintain a nonimmigrant status or rely upon the I-485 filing to stay legally in the States. I assume that you are not subject to a two-year foreign residence requirement because of your J-1 visa.
3. If a person already deported get the case vacated what are the chances for coming back and how long will the process takes
I got deported 10yrs ago and now I’m trying to get my criminal charge vacated once that is done can I come back to the USA
Mr. Lee answers:
If the criminal case is vacated as the judgment was wrong and not just to help to make an individual eligible for US immigration, such would take away the stigma of the criminal charge and place the individual in the same position immigration-wise as he or she was in prior to the charged act. If he or she did not hold permanent resident status, he or she would still have to have a basis to return. If the individual was previously a permanent resident and this was the only bar, he or she should work with DHS on the necessary procedures to return to the country.
4. If I do consulting work (less than 10 hours per week) for foreign organizations while doing my PhD in the US on a F-1 visa does that violate any rules?
F1 visa holder doing a PhD in the US
Mr. Lee answers:
There is a question of whether doing such work constitutes unauthorized employment. It is likely not so clear-cut since the foreign organizations could possibly hire an American worker to do your job if you were not available. The problem is compounded if your work entails being on a worksite in the United States. If not, there would likely be no foreseeable problem if the foreign organizations paid you in your overseas account.
5. No name given on green card
My passport have given name as “XYZ” and surname is blank. Green card is having given name as “ No name given” and surname as “XYZ”. Will it cause any issues during travel, especially during immigration at US POE?
Mr. Lee answers:
There is a possibility that you may have a problem in traveling and going through a US port of entry. You may have to explain the situation in secondary inspection at a US port of entry. I assume that as long as the date and place of birth are the same on both documents, you will ultimately pass inspection, although there is a chance that there could be a lengthy wait in secondary while CBP checks your immigration history.
6. If I get a learner permit, will it affect my N400 application process?
I moved to a different state and never got my state id updated and I wanted to know if I get a learner permit would it affect my N400 application? i applied after i moved to the new state.
Mr. Lee answers:
It would be a good idea to get a learner’s permit in the state in which you file for naturalization. You would be able to show such at the time of your naturalization interview as a further demonstration that you actually reside in the state of application. I assume that you applied for naturalization 90 days or more after moving into the new state or that the two states are covered by the same USCIS field office.