Published on Lawyers.com and the Epoch Times on May 30, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

How to do a Recommendation Letter?

My lawyer is asking me and my family to do a recommendation letter that people we know but none of my people knows what to include in that letter how to do a recommendation letter, so I need help to give examples or anything that I can tell my people what to include in the recommendation letter for me and my family the recommendation letter is for the visa.

Mr. Lee answers:

I would suggest that you ask your lawyer directly what should be included in a recommendation letter as he or she is the one who is requesting it. Many attorneys will provide samples or give a list of the points that they would like to have covered in recommendation letters. Your stating that the recommendation letter is for the visa is fairly vague.

Q&A 2.

Divorce and Withdrawal of Joint I-751

I sponsored a K-1 visa with AOS for current wife. We've been going thru divorce currently and we recently submitted joint I-751. I know I can submit a withdrawal. My question is her individually submitting I-751 and USCIS's consideration of the waiver. I feel I've been tricked into marrying & that she had no real intent on maintaining our marriage. I can see looking back on 2.5 years we've been together that her plan was to 1) come to the US to gain permanent residence and 2) have her own happy life with me or not. When I married my wife, I was a single father of 2 with primary custody of daughter 17 and son 12. We were a very happy family. I married to share love and also have a motherly figure for my kids. About 6 months into the marriage, she began complaining about how my daughter was irresponsible and threatened divorce unless I kicked her out when she was 18. I ultimately complied. Now she is doing the same for my son who is now 14. Give him up or divorce. Fraud?

Mr. Lee answers:

If you have been together for 2 1/2 years, it would be very difficult to say that she has committed fraud in marrying you. It is clear from your question that she is residing with you. Her conditions of giving you an ultimatum on your daughter and now your son are not indications of fraud. Under the situation that you describe, your wife may very well be able to obtain a waiver on the basis that she has had a bona fide marriage prior to a divorce.

Q&A 3.

What Defines That A Job Requires A Masters Degree When Filing for a Green Card?

My employer is looking to start the green card process for me. I've been in the US for nearly 7yrs now - 2 while pursuing a Master's degree, 1 with OPT, and the last 3+ with an H1b visa. From what I understand, there are two tracks for the Green Card applications, one for Graduate degrees, which is quicker. I would like to take that track, but my employer's layer has said my job - I am a full time swim coach, working with all ages under 18 - will not be considered as requiring a Masters, and that going that track could cause the process to be denied. Therefore, how would the USCIS adjudicators determine if a certain job, which is not all that common, fills the requirements of needing, or being improved by, a Masters degree?

Mr. Lee answers:

U.S.C.I.S. examiners will generally go by the requirements as specified on the PERM labor certification applications. There may be situations in which they contest requirements which have been cleared by the Department of Labor, but that is not common. Your difficulty is that the Department of Labor has given what are essentially degrees of difficulty for occupations, and your employer's lawyer has likely concluded that a labor certification application requesting a Masters degree for a swim coach with students under the age of 18 will encounter difficulties with obtaining a labor certification.

Q&A 4.

Visa After Previous Overstay

I have a question about a future Visa request. I visited the US twice; in 2012 and 2013, both on a J1 visa. The first time of my stay I used just 4 day's of my 30 day's grace period. However, this year my agency failed to change my plane ticket to the end of October as I requested them, resulting me missing my flight and having to buy a new one. As a result I overstayed in the US a total of 13 day's (however my agency said I didn’t overstay at all, because J1 and F visa holders don't count as out of status until USCIS d ecided so, what is confusing for me) I am going to work on a Cruise ship next year, and I could possible need the C1/D visa. So my questions are: -will I have future problems to gain a US visa or entry the US -what answer should I give on the question: Has Your U.S. Visa Ever Been Cancelled or Revoked?

Mr. Lee answers:

You may have a problem in obtaining a visa because of your overstay. Your agency is mistaken in saying that you did not overstay if you remained in the States after the 30 day grace period. To the question on the visa form of whether your US visa has ever been canceled or revoked, the answer is no.

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.