Published on Lawyers.com and the Epoch Times on October 25, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
What Status Am I in the United States?
I recently applied for Deferred Action and received my Social security and work permit, is my status refugee or asylum?
Mr. Lee answers:
I assume that you received approval under the President's program, Deferred Action for Childhood Arrivals(DACA). You are neither refugee nor asylee. You have a two-year period under which you are here under grace and are allowed employment authorization and, if you can obtain it, travel privileges through advance parole. It is contemplated that at the end of the two-year period of time, you will either apply for an extension under the program or under a more permanent program if Congress can agree on the details.
Q&A 2.
Can I Have My Husband's Mistress Deported That Is In the US on A Tourist Visa?
From 2009 to 2013, my husband had an affair with a woman in China nearly resulting in our divorce. In June and July of this year, my husband arranged for her to come to America on a tourist visa. He had her stay at his best friend's house. I confronted him, and he had her return to China on July 7. This past weekend, I have learned that she has returned to the US on her tourist visa, again staying at my husband's best friend's house. I have confronted my husband, and he has said that he did not arrange it, and does not plan to see her. I am concerned my husband is lying and will go to see her, or that she will make arrangements to see and meet with my husband. I would like her to go back to China as soon as possible; is there something I can do to have her visa revoked and have her deported?
Mr. Lee answers:
As no crime has been committed and the woman from China does not appear to have committed an excludable act that would bar her from the States, there is nothing that Immigration would do to force her departure as long as she maintains her legal nonimmigrant status. If you really believe that your husband is cheating on your marriage, you may reconsider starting divorce proceedings.
Q&A 3.
When Can My Mom's Immigration Visa be Approved After a Sponsor is Found?
My mom has been processing an immigration visa for a while and now my dad has finally been able to sponsor my mom to the U.S. All the documents needed for this process was given as for the sponsoring document will soon be filled up. This document will be the final document for my mom's immigration visa approval. Estimating or approximately how long will my mom be interviewed and be given an legal authority for her arrival to the U.S?
Mr. Lee answers:
It appears from your scenario that the only document which is missing at this time is the I-864 affidavit of support form and related documentation. That usually means that the case is still at the National Visa Center. If the priority date is current or this is a non-quota case which does not require a visa number, your mother could be scheduled for interview at an American Embassy or Consulate in the home country within a matter of months. Following interview and approval and assuming that there is no further administrative review of the case, your mother would be given an immigrant visa package within a few weeks after the interview. She would then have to pay $165 electronically to the Department of Homeland Security for the approved immigrant visa and could thereafter board the plane to come to the country.
Q&A 4.
H-1B Transfer- Employer
I am working in USA on H1B. I wanted to change jobs and applied to multiple employers. 2 employers applied for H1B and I accepted one offer and rejected another. The rejected employer wants me to refund the H1B application fee. I want to know if he can legally cause any issues if I do not refund.
Mr. Lee answers:
Although a petitioner is generally seen as the party who should pay for the H-1B application fee, the law does not preclude an employer from requesting liquidated damages which are reasonably related to the injury which the company has suffered through your nonfulfillment of obligation. The liquidated damages request must be commensurate with the injury, and liquidated damages are generally governed by state and not federal law.
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