Published on Lawyers.com and the Epoch Times on May 16, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Could My Dad Apply to a Residence Through Me?

I am a 16 year old, I am a resident in the United States, My mom is one as well, my mom and dad never got married.  He lives in Honduras C.A.  My dad is married; he has a daughter and a stepdaughter. Would this change anything?   My mom has been a single mom always.  We were wondering if we could help him get his residence.

Mr. Lee answers:

As your mother and your father never married, there is nothing that your mother can do to help him obtain his residence status. There is a chance that you may eventually be able to help him if you become a U.S. citizen and when you reach the age of 21, but you would also have to show that he took a parental interest in you prior to your turning the age of 18.

Q&A 2.

International Student Illegal Off Campus Work

As an international student with F-1 Visa, I and the company outside of campus did not realize working in off-campus is illegal. I called regional DHS and they also said using my i-94 is shown you are eligible to work in the company. Thus I work for 10 days and I realized I was illegal so I stopped but I already was paid for 3 days and for rest of 7days will be sent to my account this week. In this case, what can I do? I want to return my 3 days compensation and I do not want to get that money but I am worried that how company will react this situation. They might report this to the state.

Mr. Lee answers:

If possible, you should return your three days compensation to the company. The company should be sympathetic as it should have determined ahead of time that you did not have off-campus work permission. Even if there is a record of a few days unauthorized employment, you could largely wipe it away by going out of the country and making a new reentry.

Q&A 3.

How Do You Deport Someone Who is Not Supposed to be in the USA?

She may even have a fake green card. I need a number that I can call.

Mr. Lee answers:

You can contact ICE enforcement and removal operations through www.ice.gov. Contact numbers are on the website.

Q&A 4.

My Minor Son Was Denied His I-485 Because He Left the Country Without Advance Parole. Should I Just Reapply or Appeal the Denial?

He did not apply for advance parole before mother sent him out because he got into an argument with a kid and he was threatened but he was readmitted into the states on visitor’s visa and did interview but they found out he left and his case denied.  However mother tried explaining her fear for child and no one for him to stay with outside country because he was sent to grandfather but he is unable to take care because of health reasons.

Mr. Lee answers:

I do not see a basis for appeal and it is clear that leaving the country without advance parole during the time that an I-485 application to adjust status is pending invalidates the application. I suggest reapplication (if possible) for him although there may be problems arising from his present status. You may ultimately have to consider having your son do a follow to join immigrant visa application at the American consulate or embassy in your home country if he is no longer eligible for adjustment. You may wish to consult an immigration lawyer before taking further steps.  

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.