Published on Lawyers.com and the Epoch Times on April 11, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


My Visa Expired and My I-20 Is Not Stamped


My visa expired long ago when I was in middle school, my I-20 was stamped. However, my high school I-20 is not stamped. My status in the U.S. is still legal (says D/S in my I-94). Is it okay to leave it like this?

Mr. Lee answers:

As long as you are maintaining your schooling at the proper school that issued the I-20 form, your status is legal and it is not necessary to have a stamp on the I-20.


Q&A 2.

What Are My Chances of Changing My Immigration Status?

I entered the country illegally in 2004 and was arrested in 2010 due to a false accusation by my ex for domestic violence she removed the accusation but unfortunately I was detained by ICE.  I made bail and I am in the USA. I have been awaiting court dates that ways get pushed for one reason or another. I currently have a girlfriend who is a permanent resident and would really like to help me, we are getting married soon. Do I have any chances of staying the country and changing my immigration status?

Mr. Lee answers:

Since you entered the country illegally, you are not eligible for adjustment of status to permanent residence even if you are married. I assume that as you entered the country in 2004, you are not the beneficiary of section 245(i) which would allow the ability to adjust status upon payment of the fine amount and the basis for adjusting status if you had a labor certification application or immigrant visa petition pending as of April 30, 2001. There is a chance that if you are married and your wife becomes a US citizen, you may qualify for administrative closure of your case so that you can file an I-601A application to remove the bar of being here illegally. If such is approved, your immigration court case could then be terminated and you would be allowed to interview at the American consulate or embassy in your home country for the immigrant visa. Otherwise you could wait to see what will happen with all the discussions in Washington concerning comprehensive immigration reform.



Q&A 3.

Can I Marry my Fiancé out of the Country and Enter the US with Her Legally?

I am a US born citizen but my boyfriend entered the US with a visa. He overstayed his visa. (By a year). We want to get married but I do not want a city hall wedding. I want a wedding with both of our families present but this can only happen if we leave the US and marry in his country. Is there a way to do this legally so he can be allowed to reenter the us with me. I’ve heard of people who have got stuck separated while the immigration process grants legal status but I was wondering if this could be avoided because he did enter the us legally. And if we married in the US we would just have his status changed. We just want to exit the U.S. to get married. Than reenter. I’ve always dreamt of a full church wedding with both our families and we have known each other for like 10 yrs.

Mr. Lee answers:

If your boyfriend leaves the US, he is barred from reentering the States for 10 years because of his overstay. In this situation, you should forgo your wish of marrying him outside the US, put in an application for his adjustment of status, have it approved, and he is then free to leave the country. You could perhaps have a wedding reception in his home country. The only other alternative would be for his parents to somehow obtain visas to attend the wedding here in the States.


Q&A 4.

H-1B Visa

I am currently on OPT extension and I have been working as a Data Analyst for an online advertising company for the last 2 years. Could you please tell what is the responsible salary range I should have (I work in San Francisco) to be eligible for visa? I just need to know estimate do decide if there is a point to talk with my employer. I really appreciate your input.

Mr. Lee answers:

An approximate wage for a beginning data analyst in San Francisco would be between $65,000 – $70,000 whether in the field of computers, finance, or operations.


 

 

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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