Articles

Q & A

• 2010-11-22 - Mr. Lee's Article - "New I-129 Form; New U.S.C.I.S. Fees; Republicans Plans and DREAM Act " as published in the Immigration Daily on November 22, 2010
• 2010-10-06 - Mr. Lee's Article - "I-130 Petitions For Alien Spouses, PERM Processing Times, H-1B Cap Numbers, And Prioritization Of H-1B Cap Case Adjudications" as published in the Immigration Daily on October 6, 2010 (English)
• 2010-09-02 - Mr. Lee's Article - "Apparent Public Misunderstanding Of The Scope Of USICE Memorandum On Expediting Petitions And Applications And Dismissing Removal Proceedings" as published in the Immigration Daily on September 2, 2010 (English)
• 2010-08-23 - Mr. Lee's Article - "Immigration Court On Line 1-800 System To Be Severely Restricted To Users - Negative Ramifications For EOIR And Aliens." as published in the Immigration Daily on August 23, 2010 (English)
• 2010-07-20 - Mr. Lee's Article - " Visa Bulletin Movement For August 2010 Extremely Positive For Most Countries; EB-2 Cases For China And India Continue Their Leap Forward." as published in the Immigration Daily on July 20, 2010 (English)
• 2010-06-29 - Mr. Lee's Article - " Stiff Charges To Owners Of Chinese Employment Agencies That Supply And Restaurants Using Their Services to Obtain Undocumented Workers Part of New Obama Enforcement Plan." as published in the Immigration Daily on June 29, 2010 (English)
• 2010-06-21 - Mr. Lee's Article - "H-1B Count Shows Slowness in Petitions; DOL Releases PERM Processing Times; New Changes In VISA Fees For DOS; Proposed Large Fee Changes By U.S.C.I.S. " as published in the Immigration Daily on June 21, 2010
• 2010-05-16 - Mr. Lee's Article - "Unpublished I-601 Waiver of Fraud Decision Counts China Family Planning Policy Fears and Country's Poor Healthcare as Important Factors in Approving Case." as published in World Journal on May 16, 2010 (English)
• 2010-05-06 - Mr. Lee's Win at Administrative Appeals Office as Reported in Interpreter Releases, Vol.87, No. 16 (April 19, 2010), " AAO Grants Waiver of Inadmissibility Based on Extreme Hardship to Applicant's LPR Mother". Reprinted by permission of West, a Thomson business. Interpreter Release is the leading weekly immigration law periodical featuring in-depth, comprehensive analysis and authoritative coverage of legislation and regulations, cases, and agency guidance.
• 2010-04-16 - Mr. Lee's Article - "Recommendations On Positive Immigration Options That The Administration Should Explore." as published in the Immigration Daily on April 16, 2010 (English)
• 2010-03-24 - Mr. Lee's Article - "Important Changes in Widely Used I-485 Adjustment of Status to Permanent Residence Form and Procedure." as published in the Immigration Daily on March 24, 2010 (English)
• 2010-01-05 - Mr. Lee's Article - Legalization Is Alive but Has a January 31, 2010 Deadline in Underpublicized "Known to the Government" Settlement" - in Interpreter Releases, Vol.86, No. 47 (December 14, 2009). Reprinted by permission of West, a Thomson business. Interpreter Release is the leading weekly immigration law periodical featuring in-depth, comprehensive analysis and authoritative coverage of legislation and regulations, cases, and agency guidance.
• 2009-09-17 - Mr. Lee's Article - "U.S.C.I.S. Liberalizes Filing and Amending Rules for I-751 Petitions to Assist in Timely Filing and Deal With Changed Circumstances After Filing." (English) and as published in the Immigration Daily on September 24, 2009
• 2009-08-24 - Mr. Lee's Article - "U.S.C.I.S. Adjudications on H-1B Petitions Beginning To Smell Like Day-Old Fish" as published in World Journal (English) (Newspaper Clipping)
• 2009-08-18 - Mr. Lee's Article - "U.S.C.I.S. Adjudications on H-1B Petitions Beginning To Smell Like Day-Old Fish" as published in the Immigration Daily on August 18, 2009 (English)
• 2009-06-04 - Mr. Lee's Article - "Motions to Reopen Based on Ineffective Assistance of Counsel Viable Again" (English) & as published in the Immigration Daily on June 11, 2009
• 2009-04-05 - Mr. Lee's Article - "Open Season For New H-1Bs" (English) & as published in the Immigration Daily on April 14, 2009
• 2009-04-05 - Mr. Lee's Article - "An Illegal Immigrant's Tale - From Rags To Stardom" as Published in the World Journal on April 5, 2009 (English) (Newspaper Clipping)
• 2009-03-29 - Mr. Lee Gets USCIS to Make Decision on Merits Where Ex-Attorney's Late Appeal & Later Motion Were Denied for Untimeliness, It Was Reported in World Journal on March 29, 2009 (English) (Newspaper Clipping)
• 2009-03-25 - Mr. Lee's Victory on I-601 Fraud Waiver Application Reported in World Journal On March 21, 2009 (English)
• 2009-03-21 - Mr. Lee's Article - "An Illegal Immigrant's Tale - From Rags To Stardom" as published in the Immigration Daily on March 23, 2009
• 2009-03-06 - Alan Lee's Prepared Remarks As Panelist In The Immigration Law Weekly PERM Seminar On January 21, 2009 (English)
• 2009-01-18 - Mr. Lee's article "Aliens Entering with Fraudulent Documentation and Married with U.S. Citizens or Otherwise Qualifying as Immediate Relatives May Now Adjust Status to Permanent Residence in New York if Hardship Waiver is Granted" as published in World Journal Weekly on January 18, 2009 (English)
• 2009-01-14 - Mr. Lee's article "Grading The Various Governmental Bodies For Their Work On Immigration In 2008" (English) and as published in the Immigration Daily on January 12, 2009
• 2008-11-17 - Mr. Lee's article "Forced Re-Insertion of IUD as Routine Part of China’s One Child Policy Held by Board of Immigration Appeals not to Constitute Persecution for Asylum" as published in World Journal Weekly on November 16, 2008 (English) (Newspaper Clipping)
• 2008-10-29 - Mr. Lee's Article - Housing Market Fiasco and American Retirements not Helped by Republican Administration's Immigration Raids Terrorizing Illegal Immigrant Potential Homebuyers as published in the Immigration Daily on October 28, 2008
• 2008-10-27 - Mr. Lee's article "Housing Market Fiasco and American Retirements not Helped by Republican Administration's Immigration Raids Terrorizing Illegal Immigrant Potential Homebuyers" as published in World Journal Weekly on October 26, 2008 (English) (Newspaper Clipping)
• 2008-10-22 - Mr. Lee's Article - Housing Market Fiasco and American Retirements not Helped by Republican Administration's Immigration Raids Terrorizing Illegal Immigrant Potential Homebuyers (English)
• 2008-10-06 - Mr. Lee's Article - October Visa Numbers Open With A Thud - Action Needed Now To Pass "Visa Efficiency And E-Verify Extension Act Of 2008" as published in World Journal Weekly on October 5, 2008 (English) (Newspaper Clipping)
• 2008-09-24 - Mr. Lee's article - October Visa Numbers Open With A Thud - Action Needed Now To Pass "Visa Efficiency And E-Verify Extension Act Of 2008" as published in the Immigration Daily on 9/23/08
• 2008-09-23 - Mr. Lee's article October Visa Numbers Open With A Thud - Action Needed Now To Pass "Visa Efficiency And E-Verify Extension Act Of 2008" (English)
• 2008-08-18 - Mr. Lee's article "Changes to the Naturalization Interview Process of Questionable Value" as published in World Journal Weekly on August 17, 2008 (English) (Newspaper Clipping) and in the Immigration Daily
• 2008-08-13 - Mr. Lee's Article "Changes to the Naturalization Interview Process of Questionable Value" as published in the Immigration Daily
• 2008-08-05 - Mr. Lee's article Changes to the Naturalization Interview Process of Questionable Value (English)
• 2008-07-14 - Mr. Lee's article "POSTVILLE, IOWA - A Wake-Up To Tough Administration Enforcement of The Immigration Laws – What It Means to You" as published in World Journal Weekly on July 13, 2008 (English) (Newspaper Clipping)
• 2008-06-02 - Mr. Lee's article "USCIS New Guidance On CSPA Helpful In One Respect, But Flawed In Others" as published on June 1, 2008 World Journal Weekly (English)
• 2008-05-16 - Mr. Lee's Article "USCIS New Guidance On CSPA Helpful In One Respect, But Flawed In Others " as published in the Immigration Daily on May 15, 2008
• 2008-04-26 - Mr. Lee's article "Community Relations Seminar Featuring U.S.C.I.S. Associate Director for Domestic Operations Discusses Many Topics of Interest" (English)
• 2008-03-23 - Mr. Lee's Talk At Rutgers University On January 27, 2008 - Q&As posed by the audience concerning H-1B and NIW issues (Part 6 of 6). Published in Sing Tao Weekly
• 2008-03-16 - Mr. Lee's Talk at At Rutgers University On January 27, 2008 - Outstanding Professor or Researcher and National Interest Waiver Cases (Part 5 of 6). Published in Sing Tao Weekly
• 2008-03-09 - Mr. Lee's Talk at At Rutgers University On January 27, 2008 - PERM Labor Certifications (Part 4 of 6). Published in Sing Tao Weekly
• 2008-03-04 - Mr. Lee's Article "Speed of Naturalizations - Can't They Do More?" as published in World Journal Weekly
• 2008-03-02 - Mr. Lee's Talk at At Rutgers University On January 27, 2008 - Strategies of Filing H-1B's (Part 3 of 6). Published in Sing Tao Weekly
• 2008-02-24 - Mr. Lee's Talk at At Rutgers University On January 27, 2008 - Strategies of Filing H-1B's (Part 2 of 6). Published in Sing Tao Weekly
• 2008-02-17 Mr. Lee's Talk at At Rutgers University On January 27, 2008 - H-1B Issues (Part 1 of 6). Published in Sing Tao Weekly
• 2008-01-28 - Mr. Lee's Article "Speed of Naturalizations - Can't They Do More?" as published in the Immigration Daily
• 2008-01-24 - Mr. Lee's article "Speed of Naturalizations - Can't They Do More?" (English)
• 2007-11-11 - Mr. Lee's Article "In Unpublised Matter of Chen, Board Addresses Issues of Timeliness of I-130 Appeal and Chinese Cultural "Discrepancies" In A Stokes Interview" as published on November 11, 2007 World Journal Weekly & in Interpreter Releases, Vol.84, No. 43 (November 5, 2007).
• 2007-11-05 - Mr. Lee's Article "In Absentia Hearings and Proper Service of NTAs and NOHs with Emphasis on Second Circuit Law Development" in Interpreter Releases, Vol.84, No. 37 (Sept. 24, 2007). Reprinted by permission of West, a Thomson business. Interpreter Release is the leading weekly immigration law periodical featuring in-depth, comprehensive analysis and authoritative coverage of legislation and regulations, cases, and agency guidance.

• December 26, 2010
  1. K-1 Fiancee of U.S. Citizen Who Did Not Marry Sponsor Asks About Her Options After Marrying a U.S. LPR and Having Three U.S. Born Children.
  2. On the I-864 Affidavit of Support Form, How do I Count My Income - Is It the Annual Income or the Tax Filing Amount?
  3. Principal Alien Does Not Want Husband to Immigrate Now and Wants to Know the Limitation on Time for Him to Use the Follow to Join Category.
  4. Can B-2 Visa Holder Adjust Status in U.S. When Sponsored by a Green Card Holder Wife?
  5. Reader Wonders Under What Circumstances U.S.C.I.S. Will not Approve Naturalization on Date of Interview Even Where Applicant Passes English and U.S. History and Government Tests.
• December 19, 2010
  1. I Changed My Status to F-1 Student and Want to Return to China for a Visit but Am Afraid Because I Left Out a Big Fact When I Applied for My Visiting Visa.
  2. F-1 Overstayed Reader has Married Husband who Received Political Asylum Green Card in the Same Year as Marriage and Asks if She can Adjust Status Through Her Husband and Under What Conditions.
  3. Parent with F-1 Student Status Must Return Overseas and F-2 Child Cannot Obtain an F-1 Status for Another Year -- What to Do for Child to Remain in States?
  4. What Are the Rules of Porting My I-140 - and Is My Lawyer or Immigration Right?
  5. What is the Extra Certification that I Need for my H-1B Application and Why is U.S.C.I.S. only Giving 30 Days for Me to Get it?
• November 21, 2010
  1. Reader Has Political Asylum from 2003, yet Has Aadjustment of Status Application Still Pending Even After Going to Court at Request of FBI in 2005  - What To Do?
  2. Petitioner for Brother and His Family Has No Job, Only Rental and Interest Income, and Asks If It Can Count as Wages Income and If It Is Enough for Financial Sponsorship.
  3. USC Wife With Two USC Children, One With Cerebral Palsy, Wonders How to Handle Husband's Situation Who Has Voluntary Departure and Did Not Leave.
• November 14, 2010
  1. Can I Qualify as a Special Case for Immigration Since I Heard that the Obama Administration is Giving Special Treatment for Certain Sympathetic Cases?
  2. Why Labor Certification substituted Alien not Allowed to Adjust Status Under Section 245(i)
  3. National Visa Center is Sending Immigration Paperwork to Applicant Far in Advance of the Priority Date Being Available - Why? How to Get Co-sponsors for 11 Applicants?
  4.Reader's Case May be Caught in the Jurisdictional Divide Between U.S.C.I.S. and the Immigration Court.
• August 29, 2010
  1. Delayed Naturalization Due to Background Checks  - For What Reason and What To Do?
  2. Can My Son File for Adjustment of Status With I-130 Receipt (Approval Was Lost) and a Copy of My Naturalization Certificate or Must I Do Something Else?
  3. Petitioner Filed I-130 for Son While in Washington D.C., Was Naturalized After I-130 Approval, and Whole Family Moved to Hawaii  - Where To and How Should We File Son's Adjustment of Status?  How to Upgrade the Category Since I Became a U.S. Citizen after the Approval?
  4. Here 11 Years and With 3 Children and With Failed Labor Certification Case From March 2001, What is the Best Option to Take to Immigrate?
• July 25, 2010
  1. Reader Asks if He Must File for Extension of Green Card Since He Has Filed for U.S. Citizenship.
  2. F-2B Case for Son Was Stopped Automatically by Law Because of His Marriage  - Does Parent Have to Notify the Agency? How to Add His Wife and Daughter on His F-4 Case At This Time?
  3. How to Have the Children Come Back to the U.S. 10 Years From Now If They Give Up Their U.S. Citizenships Now to Reside With Parents in China?
• July 18, 2010
  1. Reader Wishes to Bring Over 70 + Year-old Parents Under B-2 Visas; Wants to Know if He is Qualified and What is the Procedure.
  2. Son Arrived As LPR in 12/09, Does not Yet Have a Green Card, and Wants to Return for a Visit to China. - What to Do for Green Card and Visit?
  3. F-1 Student Grandson's High-school I-20 Expires in June and College I-20 Does Not Start Until September - Can He Stay Since He Will Have Military Service If He Goes Home? When His Mother Gets Her Green Card, Can He Adjust Status in the U.S.?
• June 27, 2010
  1. USC Mother Has Been Living With Father In China For Past 10 Years And Her I-130 Petition Was Recently Denied - What Are The Options Now?
  2. Denied LIFE Act Applicant Who Initially Sneaked Into The Country And Was Later Paroled Back In Wonders If He Can Get A Green Card Through Marriage To U.S. Citizen.
  3. My USC Husband Died In 2009 And My Case Was Denied In 2008- What Can I Do Now?
• June 13, 2010
  1. Can Reader Get Credit for One Year Four Months of 6 Year Maximum Time in H-1B Status That Reader Was in China?
  2. With Case on Appeal to BIA, What Can Reader Do If His Employer Closes The Restaurant?
• June 6, 2010
  1. Can Reader With Exclusion Order Adjust Status to Permanent Residence With I-122 Card Given at Entry?
  2. MBA Reader Needs to Choose Between Two Possible Sponsoring Employers -- Which One?
  3. How Can Reader Get Employer to Sponsor Under EB-2 Instead of the EB-3 Category?
  4. What Are the Best Ways to Sponsor My Parents and My Brother?
• April 18, 2010
  1.Brother's green card was taken away at the airport for not staying long enough in the U.S. What are his options now?
  2. Reader wants to know the rules of naturalization after having just received permanent residence.
  3. Reader is agonizing over whether to put down on naturalization application his incident of arrest by private security at a store which concluded with admonishment.
  4. Procedure for Filing a Sibling I-130 Petition
  5. Must Reader File For Replacement Green Card Which Is Now Expired Since She Is Ready to Apply for Naturalization?
• March 28, 2010
  1.Brother-in-law Owes $20,000 in Child Support Related to Former Marriage. Will That Affect His New Wife's Immigration?
  2. Does the Child Whose Parent Has An Approved I-130 Immigrant Visa Petition Have to Mention that He Has Already Applied for Immigration When Applying for F-1 Student Visa?
  3. What Options Are There for a Conditional Resident Through Marriage Who Will Have a Child With Another Man But Must Later Apply to Remove the Conditional Basis of Residence Status?
  4. Political Asylum Green Card Holder Wants to Apply for 3-Year Naturalization Based on Long Marriage to U.S. Citizen Husband. Can She Do It?
• Februay 28, 2010
  1.Reader Asks Questions on Retirement Benefits for Retired USC Brother's Wife in Hong Kong.
  2.Friend is Married to U.S. Citizen, and Wants to Know How Long for Her 19 Year-old Child to Come to U.S. and What Documents He Will Need to Bring to Register in College.
• Februay 14, 2010
  1. Reader Entered Without Inspection in 2005, Has U.S. Citizen Husband and 2 U.S. Citizen Children, and Wishes to Know How to Adjust Status to Permanent Residence Without Leaving States.
  2. Reader Petitioned for Parents' Permanent Residence and Wants to Know If He Can Act As Their Interpreter at the Time of the Interview at Local U.S.C.I.S. Office.
  3.Reader With Deportation Order Wonders If Obtaining Status in Canada Will Allow Him or Her to Come Back to the U.S. - and If Still Barred, For How Long.
  4. With Final Order of Deportation and Sympathetic Factors, Reader Wonders if She Can Cancel Her Deportation Order by Writing to the Board of Immigration Appeals With Her Evidence.
  5. Guangzhou Sending Marriage Case Back to U.S.C.I.S. and Reader Wonders What Are the Best Steps to Take at This Time.
• Februay 7, 2010
  1.Friend Obtained Green Card Through Mother's Petition Without Informing That Mother Passed Away.  What is the Danger?
  2. Asylum Derivatives Filed I-485 Adjustment of Status Applications in June 2007 and Child Needs Green Card Now.  What to Do?
  3. What is Effect on Naturalization Application for An Asylee Green Card Card Holder Whose Mother is Very Sick in China?
• January 17, 2010
  1.Can I Obtain My Green Card Without a Valid Passport?
  2.How to Upgrade Daughter's Category, but We Ask to What Category?
  3.Questions of What Consequences if Mom Overstays or How Long to Process Her Green Card Later If She Goes Back to China
• January 3, 2010
  1.How to File for Adjustment of Status for An Asylee
  2.B-2 Visas for Parents and What a Consular Officer Looks At
  3.Derivative Son Should Qualify for Section 245(i) Through Aunt's Petition for His Mother
• December 6, 2009
  1.What Can a Wife Do Whose Husband is Abandoning Her for Someone Else and Is Planning to Sponsor That Person for Permanent Residence and Citizenship?
  2. In My Adjustment of Status Application, Should I List My Political Crime and Arrest and Was my Sneaking Into the U.S. a Crime Involving Moral Turpitude?
  3. What Is the Better Choice for Our Daughter in China to Immigrate to the U.S. -- Under Our Petition with 2007 Priority Date or Through Marriage to a U.S. Citizen?
  4. As a U.S. Citizen, What Do I Need to Do to Apply for My Parents and My Sister's Family?
• November 29, 2009
  1.How Can I be Sure That I Will Not Be Blocked from Entry with My Green Card Since I Suspect that a Bad Person in My Home Government May Accuse Me of Some Small Faults?
  2. When Can I Submit my Naturalization Application? Should I Stay in the U.S. Until I Get My Citizenship? And How Long is the Process?
  3. My Priority Date Has Already Passed -- Am I Too Late to Apply for Adjustment of Status? Please Describe Filing Process If I Can Put in the I-485 Application Now.
  4. I Just Got the I-130 Petition Approved for My Unmarried Daughter that I Filed in 2008 As a Green Card Holder -- Can I File the I-485 Application For Her Now?
  5.My Grandmother Is In China And I Want Her to Visit Us -- What Do I Have to Do to Assist Her to Get a Visa?
  
• November 1, 2009
  1.Reader Asking About Leaving the Country for a Long Time; Giving Up the Green Card; Later Being Sponsored by Her Daughter; and Her Daughter Sponsoring Her Son Also.
  2.Reader Does Not Wish to Swear Oath of Allegiance or Salute the Flag During Naturalization Process for Religious Reasons - Is It OK?
  3. Is There Any Way for Immigration Officials to Know How Long I Left the U.S. When I Re-enter With My Green Card?
  4. How Can I Move My Case From a Recommended Asylum Approval to a Final Asylum Approval Since It Has Already Been Almost Five Years?
  5. On the Affidavit As Support, Will Anyone Know That the Petitioner, My Sister, Has Filed for Bankruptcy? Can I Be a Co-sponsor?
  6.How Can I File for a Replacement Green Card Since Mine Eexpires in 2009? What's the Procedure?
  
• October 25, 2009
  1. After Student Visa Has Expired for Five Years, Can My Friend Get Another Student Visa, Apply for Work Card, Adjust Status After Marriage or What Is the Best That She Can Do?
  2. What Are the Rules for 3-Year Naturalization Through Marriage to a U.S. Citizen When We Want to Divorce and How Long Will the Process Take?
  3. How Can My Husband be Included in My Asylum Claim When I Am Here, He is in China, and We Never Registered the Marriage?
  4. What Can I Do When I Got My Adjustment of Status Through Marriage Without Interview Last Year and My Children With K-2 Statuses Still Have Not Been Approved? Can They Travel?
• October 19, 2009
  1. Friend who Sneaked into the U.S. This Year Wants to Marry U.S. Citizen or Apply for Political Asylum and Wants to Know Smooth Way to Receive Legal Status.
  2. U.S. Citizen Holding Taiwan Passport Wants to Know How to Protect his U.S. Citizenship if Going Back to Taiwan for Over Year in 2010.
  3. Applicant with Two Crimes, Drunk Driving Reckless Endangerment and Falsified Document, May Still be Able to Immigrate to the States.
• September 20, 2009
  1. My I-20 As a Student Has Expired in May and I Was Not Accepted for Graduate School -- What Are My Options?
  2. I Am Currently an F-1 Student in a Bachelor's Program and Want to Work - What Can I Do?
  3. Reader Can Adjust Status to Permanent Residence Although Illegal Under the CSPA Since I-130 Petition Took Years to be Approved.
  4. My H-1B Employer Does Not Want to Sponsor Me and It Is Already the Fifth Year - What Options Do I Have to Stay Legally and Get My Green Card?
• September 13, 2009
  1. Having an Asylum Green Card, and Being Charged with Prostitution, Will This Affect My Entering the Country or Filing Immigration Papers for My Family Members Overseas?
  2. Seven Year-old Son Has Left U.S. for Over One Year Without Reentry Permit. Can He Now Come on His Green Card?
  3.With Political Asylum, Can I Safely Return to China If I Get my Green Card Based Upon Marriage to a U.S. Citizen?
  4. Reader Wonders What to do Since I-824 Application to Obtain Duplicate I-130 Approval is Delayed, and Whether an Immigration Officer Will Know How Long He Has Left the Country.
• August 23, 2009
  1. I Was Arrested for Shoplifting a Few Months Ago - Am I Still Eligible for Naturalization?
  2. As an Overstay, Am I Eligible for the Green Card Lottery Program, and Can I and My Family Get Legal Status If I Win?
  3. Can I Transfer My I-130 Petition for My Daughter to My Husband Since He Became a U.S. Citizen, and What is the Effect of My Daughter's Marriage?
• August 16, 2009
  1. Does Mother Who is 96 Years Old and Has Been in the U.S. for Over 10 Years Have to Take the Naturalization Test in English?
  2. What is the Effect of Being Approved for a FAFSA Application for Financial Aid on My I-864 Financial Sponsor?
  3. I Got the I-130 Approval Notice for My Son and His Priority Date is Coming Close. What Can I Do?
• August 2, 2009
  1. Reader is Worried About Filing Joint I-751 Application to Remove the Conditional Basis of Husband's Permanent Residence Based Upon Marriage Where He Does not Live With Her.
  2. Mother Has Been Outside the U.S. for Almost Six Years and Son Worries About Problems that She Will Have Trying to Re-enter with Her Green Card.
  3.Mother Has Left the U.S. Almost Two Years and Plans to Return Now. Will She Have a Problem Keeping Her Green Card?
• July 19, 2009
  1. Third Preference Employment Based Case with Approved I-140 Petition and Priority Date in October 2005 Has not Heard Since August 2007. What to do or to Worry About Concerning Time and Background Checks?
  2. Reader Heard that Asylee Who Returned to China Had Green Card Taken Away at Naturalization Interview and Wants to File for Naturalization Although He Extended Passport and Traveled to China Two Times.
  3. Reader Has Bad Credit and Wonders When and Whether He Can Do the Affidavit of Support for His Parents in This Consular Immigration Case.
• July 5, 2009
  1. Ordered Deported, Can I Reopen My Case Since My U.S. Citizen Sister Applied For Me, My Parents Are Green Card Holders, and I Am From China With Two Children?
  2. Ordered Removed, Can I Reopen My Case Since I Came Into the Country With a Fake Passport, Married a U.S. Citizen, and We Have One Child?
  3.What Can I Do Since I'm Getting Close to the End of My H-1B Maximum Period of Stay and the Company Does not Want to Sponsor Me For My Immigration at this Time?
  4. I Got My Asylum Green Card from China. Do I Need the Chinese Passport for My Naturalization?
  5. Can My Nephew's Family Easily Re-immigrate to the U.S. After Returning There in the 1990's After Getting Their Green Cards? If Not, Can My Nephew Get a Student Visa for His Advanced Study?
• June 14, 2009
  1. As LPR, Filed for Unmarried Son and He Later Married. Can We Keep Old Priority Date Since I Just Became a U.S. Citizen?
  2.Husband Committed a Crime and Did Not Go To Immigrant Visa Interview at AIT Over a Year Ago - Can He Go for Interview Now and What To Do About the Crime?
  3. Left Out Fiancee's Daughter on My K-1 Petition and Case Is Now in Guangzhou - What's the Best Way to Solve the Situation?
• June 7, 2009
  1. Baby Will be Born in June and We Will be Returning to China - What Steps to Take to Legally Establish Her U.S. Citizenship?
  2. It Took Five Years (2002-2007) for Me to Receive My Regular Green Card from Political Asylum. Can I Apply for Naturalization Now?
  3. I Just Got Married to a U.S. Citizen; My H-1 Status Has Ended; and My Parents Filed I-130 for Me Before - What Do I Do Now to Transfer My Sponsorship?
• May 17, 2009
  1. I-824 Approval is Lost - What Can I Do?
  2. Can I Immigrate My Father With the Help of a DNA Test Since I am Illegitimate?
  3. Holding A10 Card, Can I Adjust to Permanent Residence After Using Fraud Document for Entry If I Marry a U.S. Citizen?
  4. What is My Status Since I Was Under B-1/B-2 Status When I Applied for I-485 Adjustment of Status to Permanent Residence?
• May 10, 2009
  1. Divorce was Done in Las Vegas, but a Court Judgment in China Says No Divorce. Can I Legally Marry Another in the U.S.?
  2. Can I Apply for Medicare and What Are the Limits on My Reentry Permit for Trips Overseas?
  3.What are My Chances of Immigrating or Status Change to Student Since I Was Arrested on Entry, Lost my Appeals, Am now Catholic, Have a U.S. Citizen Brother, and a Permanent Resident Wife?
  4. As a Former Communist Party Member, Can I Become a U.S. Citizen?
• May 3, 2009
  1. Husband Had Bad Lawyer, Took Voluntary Departure, Did not Leave, Was Arrested and Deported; Had Approved Labor Certification, Was Eligible for 245(i) and I Am a U.S. Citizen. What Are the Chances If We Appeal to the Circuit Court?
  2. I Am not Able to Financially Sponsor My Wife for Immigration and My Sister Has Reneged on Her Promise. What Can I Do?
• March 29, 2009
  1. What is the True Date of My Permanent Residence, and What Kind of Residence Do I Have to Have to Satisfy the Naturalization Requirements?
  2. How Can I Add in My Brother-in-law's Information on My I-130 Petition for My Sister Since They Just Got Married?
  3. What Can My Wife Do About Her Naturalization Since It's Already Been One Year Since She Passed Her Test?
  4. Is There Any Way That I Can Be Employed As a Nurse Since I Just Passed the RN Examination and Currently Hold F-1 Student Status?
• March 15, 2009
  1. Persons Holding Unexpired Green Cards Are Encouraged by DHS to Change to New 10 Year Green Cards
  2. Reader Hears that Hong Kong Residents Over the Age of 70 Can Come to U.S. Without Visas. True?
  3. My Friend Lost $10,000 At a Casino. Is He Eligible for Naturalization?
  4. How Can I Bring My Four Year-old Nephew From Taiwan to Live With Us for 4-5 Months?
  5. Reader Committed a Crime for which He Was Not Arrested, Only Detained At a Store, and Wants to Know the Consequences of Putting the Information on the N-400 Form for Naturalization.
• March 8, 2009
  1. Overstayed F-1 Visa Holder Thinking About Marriage to a U.S. Citizen As a Way to Become Legal, But There Are Consequences and She May Have H-1B Option.
  2. With Multiple Trips Outside the United States, Am I Still Eligible for Naturalization?
  3. Reader Will Apply for H-1B Visa and Wishes to Know Options If He Is Not Selected Under the H-1B Numbers Cap.
• March 1, 2009
  1. Sneaking Into the U.S., Marrying a U.S. Citizen and Having Two Children - What Are My Options?
  2. U.S. Citizen Marries B-1/B-2 Visitor and Wants to Know the Process Including Whether His Divorcing Ex-wife Who Sponsored Him for the Green Card Will Affect His Petition for His New Wife
• February 22, 2009
  Our Daughter Was Over-aged and Could Not Immigrate With the Rest of Us - Is It Complicated for Us to Petition for Her and What Effect if We Are Staying Mostly in Hong Kong After Getting the Green Cards.
• February 15, 2009
  Reader Has Not Had Biometrics Taken for I-751 Application and is Worried
• February 8, 2009
  1. Reader Came on B-1 Business Visa, Had a Premature Baby, and Wants to Stay Longer. What to do?
  2. Consul Has Returned the I-130 Petition to Immigration for Review in Marriage Case and Petitioner Filed New Petition Which is Now Transferred. What to do?
• January 11, 2009
  1. LPR Readers Wish to Return to China for One-and-a-half to Two Years and Wish to Protect Their Green Card Statuses. How?
  2. LPR Who Received Green Card Through Wife's Political Asylum But Did not Disclose Past Membership in Communist Party Wants to Know What to do in His Naturalization Application
  3. Nun Was to Know Whether She Qualifies to Immigrate to the U.S.
  4. Having Given Birth in the States Under B-2 Status and Receiving Benefit From State Government, Reader Wants to Know Effect On Visa Application in Future and How to Bring Child Back to the U.S.
• January 4, 2009
  1. Reader Asks Whether to File N-400 or N-600 as Arrived in U.S. Before Age of 18 and Mother Has Become U.S. Citizen
  2. Reader Asks Whether LPR Wife With Multiple Past Immigration Problems Needs Lawyer to File for Naturalization
  3. In Immigration Court, Reader Asks Whether Marrying Green Card Holder or Becoming Pregnant Will Help the Case and Whether Three Year Old Child Can Now Immigrate
  4. Crewman Asks Whether He Can Adjust Status to Permanent Residence Upon Marriage to a U.S. Citizen and What Are His Other Options
• December 28, 2008
  1. I Sneaked In; Was Denied Dependent Asylum Status Because I'm Too Old; What Can I Do Now?
  2. Friends With Orders of Deportation Have U.S. Citizen Child Soon To Be Adult. How Can He Help?
  3. Physical Therapist Asks Procedures For Immigration Under Schedule A Occupation
  4. Husband Has H-1B And Wants to Change Jobs; Reader and Daughter's H-4 Applications Still Pending And Reader Wants to Know What To Do About Them
• December 21, 2008
  Reader Granted Withholding of Removal Wishes to Know Rights and Privileges
• December 14, 2008
  My Husband Is a Permanent Resident and I Am Illegal - Should He File For Me Now or Wait Until He Becomes a U.S. Citizen?
• December 7, 2008
  1. Can I Get My Bond Money of $5,000 Back Since My Brother Won His Political Asylum Case?
  2. Petitioner Has Passed Away - Can the Younger Sister Still Immigrate Under Humanitarian Reinstatement of the I-130 Petition?
  3. What is the Position of a Person Caught Entering the U.S. at the Airport, Sent Back, and Who Reentered the U.S. Subsequently
  4. Will My Arrest for a Weapons Charge Impact My Naturalization Application? What Else Should I Look Out For?
  5. My Mother Married a U.S. Citizen, Got the Green Card From Him, Has Now Divorced, and Wants to Remarry My Father and Sponsor Him. Should She Do It?
• November 30, 2008
  1. B-2 Overstay Has Graduated with Bachelor's Degree and Wants to Know Options for Work and Legal Status in the States
  2. Asylum Dependent Wants to Return to the Home Country and Ask About Risks and Procedures
  3. How Can My Nephews Immigrate With My Two Brothers Under the CSPA?
  4. How Can My Grandmother Who Is On Dialysis Come to Live With Us in the States?
  5. I Want to Go Back to China for a Long Time for a Job - How Do I Keep My Green Card?
  6. I'm 74 and My Spouse is 84 and We Have Green Cards - How Can We Waive the Naturalization Test and How Can We Stay in China and Still be Naturalized?
• November 23, 2008
  I Lost My Naturalization Certificate - How Can I Get a Replacement and Apply for My Wife?
• November 16, 2008
  1. Filing Naturalization at the Earliest; Current Processing Time Estimates; and Possible Later Problems Sponsoring Elderly Mother
  2. Prostitution Offenses Causing Green Card Holder Difficulties in the Immigration Court
• November 2, 2008
  1. Proving Physical Presence in the U.S. for Naturalization Purposes When Your Passport is Lost
  2. Broken Adoption Reestablishes Original Family Bond to Allow Sibling to Immigrate
• October 5, 2008
  1. Green Card Holder Will Abandon Status and Wants to Know the Effect on His Green Card Children in the U.S.
  2. I-864 Affidavit of Support Sponsor Wants to Know His Liability Where the Sponsored Sister and Her Husband Are Thinking of Taking Public Means Tested Benefits
• September 28, 2008
  1. I received a Welcome Notice Approval for my Green Card but Never Received the Card. What Could the Reason Be? My Petitioning Stepfather and Mother May Divorce Soon. Will I Have a Status Problem?
  2. E-1 and E-2 Visas and What Factors Are Looked at in Their Adjudications
  3. Asylum Dependent Child has Girlfriend Back Home, Wants to Return, and to Sponsor Her for the Green Card
  4. The Crossroads of a 10 Year Bar for Illegally Residing in the U.S. for One Year and Eligibility for CSPA Protection
  5. Married for Three Years to U.S. Citizen and Having Received Conditional Green Card Last Year, Wants to Apply for Citizenship Now
• September 14, 2008
  H-1B Holder Just Fired - What Can I Do?
• September 8, 2008
  1. Reader Asks How to Immigrate Through Marrying U.S. Citizen
  2. Counting Age Under the CSPA
  3. U.S. Citizen Wants to Know How Illegitimate Child Can Become a U.S. Citizen
• August 17, 2008
  1. 16 Year-old Child's Mother Becomes U.S. Citizen and Child Asks What Does She Need to Do Now
  2. I Am Illegal (Overstay) and Want to Change My Status in the Future - Can I Do It?
  3. Can My Mother File Three Months Ahead of Time for Her 15 Year Citizenship Application?
  4. How Long Will it Take for me to Apply the Green Card for My Adult Son?
  5. American Consulate in Guangzhou has not Responded for Over One and a Half Years to Reader's Follow to Join Immigration Case for Husband - What Can She Do?
  6. Reader Wants to Remarry Ex-wife and Then Sponsor Ex-wife and Child to Immigrate After Having Divorced U.S. Citizen Wife From Whom He Got Green Card
  7. I Sponsored My Daughter for the Green Card - What is the Best Way That She Can Apply for a Nonimmigrant Visa?
• August 11, 2008
  1. Nephew Aged Out Before CSPA Enactment but Appears Eligible to Immigrate Under the CSPA's New Guidelines
  2. H-1B Extension or Employment Authorization Document - Which One Should I Do?
  3. Petitioning for Unmarried Son When a Conditional Green Card Holder
  4. How Can I Get Back the Green Card That I Gave Up in 1996?
  5. I am Under the 10 year Bar for Illegally Staying Over One Year - When Can I Leave Without Penalty?
• August 3, 2008
  Can I Get the Lists of Questions for Naturalization - Current Ones and for the Future Test?
• July 6, 2008
  1. New Rules for Reentry Permit Applicants and Current Processing Time
  2. Marriage Based Green Card - I-751 and Naturalization Process and Questions as to Child's Citizenship Status
• June 30, 2008
  1. What Benefits Can Recently Arrived Immigrants Through Family Sponsorship Obtain From The Government?
  2. At my Second Interview Based on Marriage, do I have a Chance of Getting the Green Card Where We Married Less Than a Year After the Ex-wife that He Sponsored Also Got Her Green Card?
  3. Issues Concerning Where You First Land in the U.S. After Obtaining the Immigrant Visa
  4. Handling of I-485 Adjustment of Status Cases Held Previously for Security Checks
  5. Eligibility of Permanent Residents Sponsored by Family Member for Medicaid
• May 18, 2008
  Do I have to Fill Out My Membership in the Chinese Communist Youth League When I Fill Out the I-485 Adjustment of Status to Permanent Residence Form?
• May 11, 2008
  1. Can U.S. Citizen Wife and Children Make Up for Husband's Insufficient Time of Residence for Naturalization?
  2. In Upcoming Marriage Interview, Will I Receive Permanent Green Card Even Though Interview Date is Nine Days Short of Two Years Marriage? What Proof is Good?
• April 6, 2008
  1. Can Someone Who Entered the Country Legally with a D-1 Crewman Visa Adjust Status to Permanent Residence if Married to a U.S. Citizen or Through Labor Certification Green Card Sponsorship?
  2. Arrested for a Misdemeanor and Lawyer Negotiating a Deal - Should I Take It?
  3. Immigration Scheduled an I-130 Interview for Me and My Wife, But I was Ordered Deported 13 Years Ago. What Are The Pros and Cons of Going?
  4. Labor Certification Holder with I-140 Approval and Pending I-485 Being Transferred by Employer from New York to Chicago. Are the Labor Certification and I-140 Approvals Still Good? What Has to be Done?
• March 23, 2008
  1. Follow to join asylee returned to China in 2004 - what could she do to rejoin her husband in the States?
  2. Will U.S.C.I.S. find out that I lied at the consul in 1995 and what will they do about it?
  3. Does asylum derivative have to wait one year to apply for permanent residence through asylum and is the green card application fee exempt?
  4. Naturalization testing for the elderly who have held the green card for a long time is much easier than for other applicants - the 65/20 rule
  5. Retaining permanent residence when planning to be outside the United States most of the time
• March 9, 2008
  1. Naturalization Applicant with Much Time Outside the U.S. Before the Five-year Eligibility Date May Still be Eligible to Naturalize
  2. Naturalization Applicants Must Still Maintain Continuous Residence in the U.S. Between the Interview and Swearing in Date
  3. Counting Rules of the CSPA and the Unpredictability of Visa Bulletin Movement
• February 24, 2008
  1. Alien Who Entered With a Fake Passport and Marries a U.S. Citizen is Usually Not Allowed to Adjust to Permanent Residence Without Benefits of Section 245(i)
  2. Adjusting Status as a Refugee Does Not Require an Income Test
  3. Circumstances Under Which the Priority Date is Kept When the Child Later Turns 21 and When the Petitioner Naturalizes
• February 10, 2008
  1. Am I Eligible to Apply for Naturalization Now After Pleading Guilty to a Crime?
  2. What Can I Do When My Parents Were Just Denied for Immigration at the Consulate in Guangzhou for Inadequate Financial Support ?
  3. In an I-485 Case Involving Fake Passport, Fraudulent Entry, and Sponsorship Through U.S. Citizen Spouse, Section 245(i) Eligibility Can Take Care of the Entry Without Inspection and the I-601 Waiver Take Care of the Fraud Attached to the Entry
  4. The Importance of Properly Evaluating an EB-1 Extraordinary Alien Case
• February 3, 2008
  1.Does My Mother Need to File the I-90 Form for Replacement Green Card After Coming in Under SB-1 Visa?
  2. The Effect of Long Absences on the Naturalization Application
  3. The Date to Apply for Naturalization if the U.S. Citizen Spouse Dies
  4. The Date to Apply for Naturalization for an Approved Political Asylee - Effect of Rollback
  5. Whether Person With a Final Order of Removal can Apply for Adjustment of Status if He/She is the Spouse of an Asylee and Already Has an Approved I-730 Petition As a Derivative for One Year
• January 27, 2008
  1. Should I be Sponsored by the Dry Cleaners or Finance Company for My H-1B and What Should I do About My Gap in Practical Training Before October 1st?
  2. Can My Son Qualify for the CSPA?
• January 20, 2008
  1. December 21, 2000 Presence is Required for 245(i) Benefits For Those Relying on Labor Certification Application or Immigrant Visa Petition Filing Between 1/15/98-4/30/01
  2. Options for Businessman Coming to the United States
  3. Employment Green Card Possibility for a J-1 Exchange Visitor Overstay no Longer Subject to a Two-year Foreign Residence Requirement Who is Without 245(i) Protection
• January 13, 2008
  1. Notifying of Beneficiary’s Change of Circumstances in I-130 Petition Case
  2. Attempting to Use National Interest Waiver Approval from 1990s to Immigrate Now
  3. Is I-864 Sponsor Liable for Repayment of Alien’s Income Tax Refund and/or Free School Lunches?
• January 6, 2008
  1. I Filed an I-130 Petition for My Overaged Child and Asked for the Old Priority Date Under My F-4 Category - Can My Child Get It Under the CSPA?
  2. I Am Naturalized for Less Than One Year - Can I Go Overseas and Work Long Term or Do I Have to Wait for 1 Year?
  3. What to do When Past Actions Were Clearly Abusive of the Immigration Laws
  4. Options After Being Here for 10 + Years With a Permanent Resident Wife and U.S. Citizen Child with Serious Medical Problems