Published on Lawyers.com and the Epoch Times on December 6, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
Need to Stay Long Term for Kids Medical Treatment
I am currently living Nashville TN. I recently blessed with baby girl on 8th of this month. My daughter is US Citizen and she has Genetic disorder. Only in USA this Genetic disorder can be treated. In India we don't have any hospital which is providing service for this disorder for this disorder Doctors monitoring and help need continuously. As of now I am on H1B and My wife & boy is on H4 visa. Am I eligible to stay here for my baby treatment with humanitarian parole or any other options, can I adjust my status (GC) to stay long time.
Mr. Lee answers:
U.S.C.I.S. will generally not allow an individual in your situation to remain here for a long time on humanitarian parole. If the agency decides to give you relief, it would probably place you on deferred departure under which you would not have a valid nonimmigrant status, but be allowed to stay with work privileges if you make such a request. Deferred departure would not allow you to adjust status in the US to permanent residence. However, if the agency allows you to stay for a long period of time, you may be able to qualify for cancellation of removal under which you would have to prove 10 years residence in the country, good moral character, and that your removal would cause exceptional and extremely unusual hardship to your US citizen daughter.
Q&A 2.
Can I Still Apply for Green Card?
I am currently on youth offender probation that ends in December also I got arrested 3 times on jumping the turnstiles. I am getting married to a u.s citizen in a couple weeks. Will they deny me if I apply for adjustment of status? I came here as a kid 4 yrs old now 20 and overstayed visa.
Mr. Lee answers:
Adjustment of status is a privilege and not a right. It is discretionary relief dependent upon whether a U.S.C.I.S. officer believes that the applicant has more equities than negatives. While a U.S.C.I.S. examiner would likely not be too disturbed by your fare beating, he or she would be looking at your youth offender probation to see exactly what offense was committed. The fact that you came here so long ago is of course an equity along with marriage to a US citizen as long as it is a bona fide relationship.
Q&A 3.
I Have Filed for a Divorce From my Husband and Moved into a Hotel. I Want to Know If a Hotel Address is Valid From Immigration's Perspective.
I am on H1-B visa and going through a divorce with my husband. I have moved out of the house, staying in a hotel and want to know if immigration will accept that as a valid address? Also, will it be an issue when I inform the bank, credit card companies, car loan refinance, income tax filing/returns etc..
Mr. Lee answers:
As long as you are holding valid H-1B visa status, you are entitled to live wherever you wish, even if it is in a hotel. You should inform U.S.C.I.S. of the change of address on form AR – 11. Insofar as other institutions are concerned, I believe that they would only be concerned if their mail was returned or if you did not pay on time.
Q&A 4.
My Wife Applied for Her Green Card As a Dependent but Under Her Own Family Name (Passport). We Now Have the Cards, Can She Take My Name and How?
At the time she applied she was asked to put the name on her passport. On the marriage certificate, she has her own name too. Is it easy to take my name or do we have to go through a court?
Mr. Lee answers:
If you wish your wife to take your name under the green card, she can always file form I-90 application for a replacement green card. With most other agencies and institutions, she should be able to use your last name just by presenting the marriage certificate. Your wife is also able to gain a free legal name change as part of the naturalization process if she becomes a US citizen at a later date.
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