Published on Lawyers.com and the Epoch Times on November 22, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
Can a F1 OPT Status Individual Start a Small Business?
I have a full time job which is directly with my field of study (Microbiology), as my OPT status requires: Post Doctoral Fellow at UF - Business to be opened is outside the field of study - since 2012, I declare my taxes as if I was American (French born) -I will be president of the business but will not be an employee and therefore will not receive a paycheck, just working to make this business eventually profitable.
Mr. Lee answers:
While there would not be a violation of status for an F-1 student on OPT to start a small business, it would be a violation of status for that individual to work in the business. Not receiving a paycheck would not lessen the violation since the goal of running the business would be for you to make a profit.
Q&A 2.
Can I use Husband’s Account?
I am about to migrate to USA on Ir1 visa. He does not financially support me however he did an AOS for me when he filed for me. My Husband was suddenly resistant to pay the $165 fee for me to receive green card and SSN after I arrive in the US. I have all his bank details so I made the online payments myself. Is that okay?
Mr. Lee answers:
Anyone who has been approved for an immigrant visa is allowed to pay the $165 fee to U.S.C.I.S. In point of fact, most of these fees are paid by the visa applicants and not the sponsor. If you have your own computer, you can make the online payment yourself.
Q&A 3.
What is the Punishment for Marrying an Illegal Alien So He Doesn't Get Deported?
Mr. Lee answers:
A motive of marrying an illegal alien so that they do not get deported does not insulate an intending partner from a charge of marriage fraud. The punishment for being caught could be up to five years in a federal prison and $250,000 fine for each member of the conspiracy.
Q&A 4.
Does One Have to be Employed at the Moment of Filing Affidavit of Support?
If primary sponsor's for a spouse lifestyle is being half a year employed which covers more than 125% minimum yearly income, and the other half a year traveling (being unemployed while traveling) - would the half year income from last job qualify even if at the moment of filing of Affidavit of Support this person is unemployed (traveling)? Or does the filer/primary sponsor always have to be employed at the moment of filing Affidavit of Support?
Mr. Lee answers:
While there is no rule that requires the signer of an affidavit of support to have a job at the very moment that he or she is filing the affidavit of support, an I-864 must be credible. Thus if the primary sponsor has income for a half a year which is way above the required 125% of poverty guidelines, the affidavit of support would probably pass. By the same token, a sponsor who barely surpasses the 125% mark and is only working half the year would probably have the affidavit of support questioned. If the financial sponsor is in the latter group, it would be best if he or she was employed so that his or her current job letter and proof of recent pay could be affixed to the affidavit of support
|
