Published on Lawyers.com and the Epoch Times on September 13, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
Do I Need a New Medical Exam for My I-485 Petition?
My EB1 green card petition got denied, and so did my original I-485 at the same time. I'm getting married now, and will file an I-131 together with a new I-485. Do I need a new medical exam or the copy of the previous medical exam will be enough?
Mr. Lee answers:
A medical examination is valid for one year. Otherwise you would have to take another. If it is still within a year, you may be able to contact the physician's office that conducted the medical and have it give you a duplicate with the same date as previously completed. You would then be able to submit that medical examination with your new I-485 application.
Q&A 2.
Seeking an Advice
My parents we're investors and businessman they came in here when I was 16 yrs. old. just like a normal international trip that they usually takes they left their attorney in charge with their companies. after they stayed here for almost a year they sent for me and my sisters to migrate here in the u.s. I was already 17 yrs. old by then. my sisters and I found out when we got here that my parents attorney betrayed our family a couple of months after my parents left and a few people/businesses was financially hurt after the attorney liquidated my parents businesses and consolidated it to his name. my family got threats from kidnapping/ransom even execution from people my parents in business with and including from the attorney himself. my parents had difficult time proving their innocence since they made a mistake of signing a power of attorney. im 31 yrs. old now, and I just want to know if there's a chance that I can pursue a dream here with freedom, or should I just go home?
Mr. Lee answers:
It appears from your question that you entered the United States legally at the age of 17. I assume that you have long overstayed your visa status. If so, you could possibly wait for the results of the comprehensive immigration reform debate which is now in the House of Representatives and will continue when Congress reconvenes on September 9, 2013. Relief is afforded to undocumented immigrants in the passed Senate legislation which may or may not be taken up by the House. Also if you are single and marry a US citizen, you would be able to adjust status to permanent residence without leaving the country assuming that the marriage is bona fide and that there are no other obstacles to your immigration.
Q&A 3.
Issue During H1B Transfer Due to School Shut Down
My school was not accrediated and has shut down recently and now I am applying for H1B transfer will that put me in any big trouble?
Mr. Lee answers:
Whether you will be able to make a successful H-1B transfer without leaving the country may depend upon how long it takes you to find another H-1B sponsor and to have the paperwork done. If within a reasonable period of time, it is possible that U.S.C.I.S. will not be overly concerned over the period of time that you have not been working and grant the transfer. Immigration may also decide to approve the H-1B petition but instruct you to pick up the visa outside the US if it believes that the period of time of your non-work as been excessive. I suggest that you enclose a letter with your H-1B transfer application explaining why you do not have recent payslips and accompany it with any proof of the school closure.
Q&A 4.
I've Filed for my Citizenship, Would I be Able to Transfer to Another State While my Naturalization is in Process or Will it Delay It?
I am due to get my biometrics done this upcoming week. However, I'm planning on transferring states within the next 6 months.
Mr. Lee answers:
You should not have a problem with transferring to another state while your naturalization application is in progress, especially if you are only in the biometrics stage. At this time, you could speak with The National Customer Service Center of U.S.C.I.S., 1 – 800 – 375 – 5283 to request the transfer. The difficulty may come about later if you have been scheduled for an interview at the local U.S.C.I.S. field office. In that event, you may have to contact the local field office in which your file has been transferred and the one in which you now live in order to effect the transfer of your file and rescheduling an interview at the local field office with jurisdiction over your residence.
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