Published on Lawyers.com and the Epoch Times on March 28, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


Does a US Citizen Have to Answer 14(b) on Form I-130?


My friend is filing form I-130 for his wife who is still in her home country. He got his green card through marriage to a US citizen and later become a citizen. Now being a US citizen, does he have to answer the question - Did you gain permanent resident status through marriage to a US citizen or lawful permanent resident?

Mr. Lee answers:

All relevant questions on form I-130 must be answered, and it is certainly a relevant question as to whether your friend received his green card through marriage.


Q&A 2.

Tourist Visa Question

My girl friend is Thai. She has a master's degree and is a teacher at a public high school. (It is a Thai government job.) She would like to visit me in the US during her summer break which is April 1-May 15. However she rents her apartment and I'm not sure she has a lot of savings. (I got the ticket with my frequent flier miles and she will stay at my place, so she doesn't need much.) I work in Thailand regularly-- about 5 times per year for a total of 5 months on average. I will go back to Thailand right around the same time as she would go back (About May 15) We have NO INTENTION of getting married. I do not need her to come to the US, because if she stays in Thailand and visits on her breaks we would actually see each other more often than if she was here. Is this a difficult case? How much of this should she tell the embassy?

Mr. Lee answers:

Visitor's visas are given in the discretion of US consular officers who assess whether they believe the applicant will return to the home country. Good factors on her behalf are her steady job and high education. Negative factors are non-ownership of apartment and possibly not much savings. On her coming to visit you, that is generally not a good factor, but explainable as you have done in setting out the facts. Our policy on these matters is full disclosure.



Q&A 3.

How Do I Reapply for Citizenship If Turned Down on Moral Issues in 2009

Between 2003 and 2008 I had a speeding ticket and 3 pot violations under 20 grams. I’m now married for 4yrs, have no problems in last 5 yrs and fully employed for ten years. I’m 28 yrs old, grown-up and good citizen. How do I reapply for citizenship and win my case?

Mr. Lee answers:

The question is what happened with the pot violations and whether you pleaded guilty. The law appears to be moving more strictly in the area of venues under which convictions and pleas of guilty can count in immigration enforcement. There was a recent case in which a Municipal Court decision was actually upheld against the alien. The law allows waiver for one pot conviction but not three. You may wish to have a consultation with a knowledgeable immigration lawyer prior to taking any further actions towards naturalization.


Q&A 4.

Asylum, Green Card and Refugee Travel Document

I had applied for asylum and returned to my country for valid reasons. I was allowed back into the USA and was given asylum, after which a green card was issued. Now it’s been over 3 years with the green card and I wish to travel abroad. Will I face problems if I travel abroad before getting my passport?
              
Mr. Lee answers:

If you are thinking of traveling abroad to countries other than the homeland of persecution, that would be no problem. Traveling back to your homeland on a constant or lengthy basis even now could give you problems with the US government. Short trips for emergency reasons would be better understood. Safest of course is to travel to the home country only when you have a US passport.

 

 

Copyright © 2003-2014 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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