Published on Lawyers.com and the Epoch Times on May 23, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Does my Girlfriend Need a Passport to go to Mexico if She has Her Green Card in USA?

My girlfriend is from Laos but has lived in US for 30 years and has her permanent residency card and ID and social security card. Is that enough for travelling to Mexico and back or does she need a passport from her birth country since she can’t get an American one due to not being citizen?

Mr. Lee answers:

The US government only requires a green card holder to hold a green card when coming back to the country from Mexico or Canada. Your girlfriend from Laos has sufficient documentation to return to the States. She may wish to check with the Mexican Consulate or embassy as to whether further travel documentation is required for her travels in Mexico.

Q&A 2.

Married but Separated. Got Green Card Because of My Marriage with US Citizen.

April 2010 I got Green Card. Can I apply for citizenship now? We are still married but never submit tax return jointly. Though I have been living at the same address & never left USA since 2001. So will I be eligible to apply for citizenship now?

Mr. Lee answers:

For you to take advantage of the three year rule for citizenship because of marriage to a US citizen, you must be able to demonstrate three years of having lived together prior to filing the application. If you are now separated, you would not be eligible to file under the three-year rule. You should wait to file under the five year rule. At that time, you may still have to demonstrate that your marriage was bona fide at the time of inception, but not that you are still living together. Never having submitted joint tax returns may raise questions in either situation.

Q&A 3.

Extension on J-1 Student Visa Even If Misdemeanor Criminal Charges for Battery were Filed?

My ex-husband who is on J1 visa committed a domestic violence crime couple of months ago. He was taken to jail and now getting charge to misdemeanor. Is this crime enough to get him deported? Is he still getting an extension on visa?

Mr. Lee answers:

Someone who is convicted of a crime of domestic violence is barred from the United States and of course deportable. In looking at the conviction, the question of whether there is a crime of domestic violence largely depends upon the statute under which a person is convicted or pleaded guilty to, and whether it is clear that all elements of a domestic violence crime are properly in the statute. Your ex-husband's ability to obtain an extension on the J-1 visa probably depends upon what happens with the charge.

Q&A 4.

Can I File B2 Visa Extension 15 Days Before I-94 Expires

My parents came on B2 VISA on Sept 5th to USA and their I-94 is valid up to March 4th 2014. I want to apply for visitor visa extension. In USCIS web site it is written that we can apply before I-94 expires but they suggest to apply 45 days before. So can I apply it in Feb 15th 2014 ?

Mr. Lee answers:

You can apply for a B-2 visa extension up until the date that your status will expire. So applying 15 days beforehand is perfectly acceptable.

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.