1. Can I send my 12-year old daughter to school while waiting for adjustment of status?
I married an American citizen and we are currently in the process of adjustment of status. Can my daughter go to school while the process is pending?
Mr. Lee answers:
Since you are married to a US citizen, you are considered an immediate relative of the US citizen, and violations of status would not bar an adjustment of status to permanent residence. Therefore, sending your 12-year-old daughter to school should have no effect on the immigration process.
2. Can I remove my husband from application for sibling immigration application?
My husband has added himself as co sponsor in the immigration case I applied for my siblings in Pakistan. Can I somehow remove him
Mr. Lee answers:
You may be able to withdraw your husband’s co-sponsorship by communicating with the agency which is holding your sibling’s application at this time. I do note, however, that the NVC and consulates are sometimes reluctant to continue processing cases where a spouse does not put in the I-864 A form. This may be because the agencies want to see more of a level of support, want to see the whole picture of the petitioner’s ability to support, because there are mixed assets belonging to both parties, or for other reasons. So you can make the request, but there may be some resistance.
3. N-400
I was reading the N400 form and it said that I had to be married to a US citizen spouse before filing the N 400 form. Me and my wife are going through a divorce. We were together for 9 years and I have 2 kids with her. And I got my green card through her. Will I be able to become naturalized?
Mr. Lee answers:
I believe that you have misread the form. There is nothing in the law that requires a person like you to be married to a US citizen spouse before filing the N-400 application unless you are attempting to file under the three-year instead of five-year rule for citizenship. If filing under the five-year rule, you should be able to file for naturalization as long as you are not barred by any of the grounds outlined in the application questions.
4. Can J-1 visa holder marry a US citizen during the grace period?
Does the j1 need to file form I-103 and I-485 before grace period ends? I’m marrying my gf who is here in America on a valid J1 visa. I’m marrying her before her visa expires. But her visa expires very soon after . Is there a time frame that we must file the forms I-130 and I-485? My question basically is asking do we have to file the forms before the visa expires even if she is already married ? Does being married give us long time frame to get the documents all together with accuracy? Or do we still have to file the permanent residency forms before the visa expires even though she is married .
Mr. Lee answers,
Assuming that the J-1 visa holder is not under a two-year home residence requirement, such a person is not constrained by time if marrying a US citizen and filing for adjustment of status to permanent residence. While it is always better to file while in status, it is not a necessity for immediate relatives of US citizens (spouse, parent, or child under 21 and unmarried). We have in the past adjusted the statuses of immediate relatives who entered legally and were out of status for over 20 years.
5. H-1B to F1 visa
I came for MS on F1 then changed to OPT then to H1B. Now, want pursue PhD on F1. Will history of F1-OPT-PhD make it difficult to get F1? Spouse is currently pursuing MS in US.
Mr. Lee answers:
In your situation, I do not believe that it should be that difficult for you to obtain a F-1 visa status or F-1 visa. You have exhibited an upwards progression in your studies and with the H-1B. The period of time that you have spent in the US already may be of some concern, but a reasonable adjudicator would likely say yes to allowing you to go forward with your plan of studying for a PhD.
6. F-1 Student Visa
I have my brother who has applied for a university here in states and he got admitted. He still has a filed I-130 pending petition. Will he be able to get his F1 visa?
Mr. Lee answers:
The question of whether to give a discretionary F-1 visa at the consulate or embassy is up to the US consular officer. Where there is a pending I-130 petition, the weight to be given to it may depend upon the length of time that the applicant will have to wait to immigrate to the States. Consular officers usually give less weight or importance to the petition where the waiting time is longer. For example, if you filed a sibling F-4 petition for your brother five years ago and it is still pending, the consular officer will know that it will probably take another nine years for it to come to fruition. If otherwise convinced that your brother has nonimmigrant intent, he or she would probably issue the visa.
7. Do I need an I-601A waiver?
I’m a DACA recipient before the age of 18 and have renewed ever since, without leaving the country ever. I’m looking to go through consular processing because I entered without inspection. Do I need to file a 601A waiver even though I haven’t accrued any unlawful presence?
Mr. Lee answers,
If you became a DACA recipient before the age of 18 and have renewed ever since, you would not have acquired unlawful presence and would not require a waiver for that before returning home for consular processing.
8. How to cancel N400 application or biometric?
After two weeks of submitting the N400 application, got involved in DUI. the case is still pending, and received a biometrics appointment date. How to cancel the biometric appointment as I know my application will be denied? This is my first DUI and no other criminal record.
Mr. Lee answers,
You do not have to go to the biometrics appointment if you are giving up the case. You can further write a letter to USCIS requesting cancellation of the application. If you filed online, you can upload a message. I note that having one DUI is not an automatic bar to naturalization. While deniable as impinging on good moral character, the entire circumstances may be taken into account by the officer.
9. Is form i-824 a must to get to the NVC?
USCIS sent me a notice stating I need to file i-824 for them to forward my case to the NVC because on the I-130 i had chosen the adjustment of status route but i ended up leaving the USA. I’m so disappointed, i-824 will add about 550 dollars to the cost of the immigration process. Is it possible to eventually get to the NVC without filing i-824?
Mr. Lee answers,
In your situation, an I-824 Application for Action on an Approved Application or Petition will be necessary. In the far distant past, USCIS used to transfer approved petitions upon request. However, with the advent of the I-824 form, USCIS now requires payment and the form for the transfer of cases.