Published on Lawyers.com and the Epoch Times on December 20, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
If I Apply for Financial Aid, Will It Affect Anything When I Apply for 10 Years Green Card Later?
I already had my 2 year green card.
Mr. Lee answers:
I will assume that you have your two-year green card through marriage and not EB –5 investment. U.S.C.I.S. is interested in examining whether your marriage is bona fide when you submit an application to remove the conditional basis of your residence status. It is not particularly interested in whether you are applying for financial aid.
Q&A 2.
Can I File for Change of Status As Abandoned Spouse?
My spouse left me since 2011 after we went for my change of status interview and that has an adverse effect on my case. I am still married to him anyway.
Mr. Lee answers:
U.S.C.I.S. in marriage interviews is not interested in whether the couple are married on paper, only whether there is a bona fide marriage in which the couple are a couple in the biblical sense. There is no category for immigration benefits for an abandoned spouse. Immigration will only give you an adjustment of status to permanent residence if it is convinced that the marriage is bona fide at its inception or you qualify under the Violence Against Women Act.
Q&A 3.
Green Card and Traveling as Asylee
I’m an asylee in US since summer 2013. I’m going to apply for a green card next summer as soon as I can obviously, but I've been away for 3 month. Can that affect on my green card application? I do have a refugee travel document and I am in US right now. Anyway, can that travel somehow affect on my asylee status and on the future green card application? I have not been to my home country also. Should I apply for a green card at the same date when my asylum case has been approved?
Mr. Lee answers:
Traveling for three months outside the US could raise questions as to the nature of your stay in the other country/countries in which you have been staying. If it appears that you have gained some type of status overseas, such could give you a problem on the adjustment of status. Any time spent outside the country is deducted from the one year period required to apply for permanent residence.
Q&A 4.
My Green Card Needs to be Renewed but 18 Years Ago I Was Convicted of a Felony
I have been in the USA legally with a Green Card Permanent Resident Alien since 1967. I have 1 felony conviction, college graduate and have held a Job for 34 consecutive years. What do I need to do to prevent deportation?
Mr. Lee answers:
You would probably be best off meeting with an experienced immigration lawyer to discuss the possibilities of any relief available to you if you wind up in the immigration court. If the chances of relief are high, you may decide to submit an application for a replacement green card through form I – 90. There is also the possibility that you may abandon the application if U.S.C.I.S. sends a request for evidence of the felony conviction.
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