Published on Lawyers.com and the Epoch Times on July 18, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
Can an International Student Invest in a Business?
I was presented with the opportunity to invest in a business. I am an f1 student so I only have permission to work in college. The opportunity is to invest in a car dealer. I would not work at all in it but both the dealer license and the finance license would be under my name. Is that legal? Can I do that? Or should I not risk it?
Mr. Lee answers:
An investment in an enterprise in the US without working in it is not considered unauthorized employment. If you are not there, but others manage the car dealership and you only obtain dividends and not regular compensation checks, you could continue to maintain your F-1 status. The difficulty may be if you do something more and you appear to be more involved than just as an investor.
Q&A 2.
Can my Husband, Father of Four American Citizen Children and Eight Grandchildren Come Back to USA
Can he reenter after he has been deported three years ago, what is the procedure to get him back home he had been in America since 1976? This is his home.
Mr. Lee answers:
The question is why your husband was deported. If for certain crimes, he would not be eligible to return. The same would apply if he was a recidivist who continually broke the immigration laws in going in and out of the country. If those do not apply, and if you are a US citizen or permanent resident, you or one of the American citizen children over the age of 21 could petition for him (I will assume that one or more of the grandchildren is from one of the US citizen children and that at least one of the children is over the age of 21), have the petition approved, and he would later interview at the American consulate in his home country. He would be denied and he could then begin the process of applying for a waiver of the 10 year bar for having remained in the US for one year illegally (form I-601) and for advance permission to enter the US after deportation (form I-212).
Q&A 3.
Can I File I-485 While I'm on DUI Probation?
I'm the first DUI. No property damage and no people injured. I just got the conviction on 2/4/2014. I've already paid the fine. Community service and DUI class is not finished yet. And I'm on 3 years probation. My priority day is current. Can I file the I -485 right now?
Mr. Lee answers:
You can likely file the I-485 application during the time that you are on probation for DUI. Immigration officers are allowed to adjudicate I-485 applications for persons on probation although they will generally insist upon seeing the probation report before deciding whether to grant the adjustment of status or not.
Q&A 4.
Will It Affect My Son's Immigration Case If I Take State Sponsored Healthcare?
I am a green card holder and my older son provided affidavit of support for me. I also applied for my younger son's immigration visa. Older son will provide affidavit of support for his younger brother as well. If I apply for state sponsored healthcare, will it have a negative effect on my younger son's case? I am afraid USCIS will deny my younger son's case if I myself am a public burden.
Mr. Lee answers:
The question of whether the I-864 financial support sponsor is taking means tested benefits is no longer on the I-864 form, but some consular officers still consider it a relevant question. So it is not certain as to whether there is a concern here. If your younger son will be interviewing with U.S.C.I.S. instead of at a US consulate, such a question would most likely not come up as we've only seen it with consular officers.
|
