Published on Lawyers.com and the Epoch Times on November 1, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
What Financial Document(s) Should We Send to My Mom for Sponsoring Her, While She is Visiting Us Here?
How to get B-2 visa?
Mr. Lee answers:
Financial documentation in a B-2 visitors application at a consulate or embassy of the US usually involves an I-134 affidavit of support with job letter, bank letter or latest banking statement and latest tax return. Other items that might be helpful would be recent payslips, multi-month banking statements, another two years worth of tax returns, and proof of ownership of property.
Q&A 2.
Can I Apply for Status Change?
I have been here for 15 years, I came in this country without a visa or any way to prove it but I do have witnesses and taxes from my parents and pictures of me in Disneyland I have a daughter with a US. citizen how ever were not together, my boyfriend of 2 years is a US CITIZEN he wants me to marry him, I'm recently applied fro D.A.C.A which I qualified, now this is where it gets complicated we got into an altercation and he bit me arm and my parents called the police, he got arrested but since his record was clean they let him go the next morning, I'm wondering if he can petition for me to get legalized in any way?
Mr. Lee answers:
Your boyfriend would only be able to help you if you are married and he applied for your permanent residence. There is a possibility that with the DACA grant, you might be able to apply for advance parole for humanitarian, business, or schooling reasons. A return under advance parole could possibly make you eligible for adjustment of status without leaving the country, although there has been no word (as we know) whether U.S.C.I.S. will treat the reentry under advance parole as a regular parole allowing for adjustment of status. Otherwise you could qualify under the Obama administration's other signature program, the I-601A, in which your husband would sponsor you, you would apply for a waiver of the 10 year bar for remaining in the US illegally for year while you are here in the States, and if approved, make arrangements to complete consular processing for an immigrant visa at your home consulate or embassy.
Q&A 3.
Can I Stay If My H-4 is Denied & Appeal is Pending Since 6 Months?
I entered USA on F-1 visa in Aug 2006. I maintained my F-1 status till Feb-2012. I did multiple associate degree courses after finishing my ms. I filed h4 on Feb 2012 based on my wife's h1b visa. My case was denied on march 25th 2012, stating that the last college I attended didnot furnished full transcript. I submitted my previous transcripts and 4 months (1st trimester) transcript till Jan 2012, for application in Feb 2012 h4 visa. Even after filing my h4 visa, I continued attending all class &paid my fees till august 2013. I submitted all other documents for my active status till august (college fee, status letter and email conversation) in appeal. as of today my appeal is pending in USCIS.( almost 6 months). Am I legal to stay in US until appeal decision is taken or should I leave US and go for a new h4 in home country? What are the risk if I stay here or leave for a new h4 visa from home country?
Mr. Lee answers:
The rule is that illegal presence does not accrue for individuals on F-1 status unless they have either received a denial from U.S.C.I.S. or an order from the immigration judge. In your case, you received a denial from U.S.C.I.S. on March 25, 2012, and appear to have accrued illegal presence ever since. The exception would be if the H-4 denial acknowledged that you were still maintaining your F-1 status. Failing that, you should stay and wait for the results of your motion to reopen or reconsider (would not be an appeal since change of status applications are non-appealable) since you are already past the time that it would make any sense for you to leave the US. Having accrued illegal presence for over a year, you would be barred from returning to the country for 10 years if you now left. It also appears from your fact pattern that you have a fairly good chance of winning your motion.
Q&A 4.
Do I Have the Right As a US Citizen to Have my Wife's Citizenship Revoked if She Became Pregnant With Other Man's Child While We Were Married?
I am a naturalized US Citizen. My wife became a citizen through marriage to me. I just found out that our child is not my child (DNA test). Do I have grounds to petition to have her Naturalization revoked?
Mr. Lee answers:
While you do not have the right as a US citizen to have your wife's citizenship revoked, you may ask Immigration to begin taking steps to do so. The question would be whether you and your wife have had a bona fide relationship in which you have both coexisted as man and wife in the biblical sense. If you have and your wife had an affair which resulted in another man's child, that would probably not be enough to take action against her. If your marriage has not been bona fide, though, and she gained her residence status on the basis of your marriage, her citizenship and permanent residence could be at risk, but the burden at this time would be upon Immigration to prove that your marriage was not bona fide.
|
