Published on Lawyers.com and the Epoch Times on December 13, 2013

Q & A 1. 2. 3. 4.

Q&A 1.


Will I be Responsible for Medical Bills in Case of Emergency If I Sign an I-134 Affidavit of Support?


My mother in law is looking to extend her tourist visa for another 6 months. They are asking for affidavit of support. I'm worried about the possibility of a serious health issue that require significant health care and ending with huge bill to pay. Will I be responsible if something like that happens?

Mr. Lee answers:

An I-134 affidavit of support is non-binding. It is only a promise. Therefore you would not be held responsible for any medical bills that your mother-in-law incurs during the time that she is in the country just by virtue of having signed the affidavit of support form.


Q&A 2.

Can I Apply for USA Papers? If So, How?

I have been here for 9 years, I came to the USA with my mother and 3 brothers/sister I went to school in 5th grade and completed the 10th grade before I dropped out, when I dropped out, months later I had a son from an American girl, I been with her ever since, my son is now 2 years old, I do apply for the dream act, but I will have to get my GED but I can’t do that because I can’t stop working, is there any other way I can become legal in the USA

Mr. Lee answers:

If you entered the country legally and marry the American girl, you would be eligible for adjustment of status to permanent residence without leaving the country. If you did not enter the country legally, you might benefit from the Administration's I-601A program if you married the American girl and she filed papers on your behalf. In that process, she would file the I-130 relative petition for you, and upon approval, you would file form I- 601A application for provisional waiver of your illegal presence to U.S.C.I.S. which could be approved while you are here in the country as long as you are able to prove that your departure would cause extreme hardship to your wife. Once the waiver is approved, you would then complete your case by submitting to consular processing and having a normal interview at an American consulate or embassy in your home country. If everything goes well, the time that you would be outside the US would be approximately 6 weeks. You could also wait and see what will happen with the comprehensive immigration reform legislation which for the moment appears to be held up in the House.



Q&A 3.

I Didn’t Show for a Jury Duty Call-in Reporting

I am not a resident or citizen. I overstayed my visa. I received jury duty letter and as an excuse I said I do not know English sufficient. Today I went to the post office and picked up the mail there was a card from the jury duty saying my excuse was denied and only a judge can excuse me for my reason and i have to show up and the service term begins 9/23 (today). What could happen to me now, since I didn’t mark I am not a citizen and miss the reporting date.

Mr. Lee answers:

In your case, I suggest that you send a letter along with any proof that you have that you are not a US citizen. Only US citizens are allowed to sit on juries, and there is no courthouse interested in having non-citizens assume this important civic duty.


Q&A 4.

I Am Currently Holding A H-1B Visa. Can I Take Flight Training/Lesson from Flight School or Local Airport?

Mr. Lee answers:

I am not aware of any restrictions on individuals having H-1B visas taking flight training, or lessons from a flight school or local airport. That being said, I could not guarantee you that you would not wind up on some agency's radar, especially as the country is highly vigilant after 9/11.


 

 

Copyright © 2003-2013 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.

 
   
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