Published on Lawyers.com and the Epoch Times on August 8, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
What Happens If the Illegal Immigrant Doesn’t Get Approved for the Provisional Waiver?
If they do get approved how long will they have to stay in their country to get their visas
Mr. Lee answers:
In most cases where an I-601A provisional waiver is denied, U.S.C.I.S. will take no further actions against the individuals and they will be in the same position as they were before making the application. If an I-601A is approved, the applicants will generally stay in their home countries 1 to 2 months (in our experience).
Q&A 2.
DACA & EOIR-29
I have/had a pending deportation case, while an EOIR -29 was filed on 02/13. When I got approved for DACA, the state attorney filed a motion to administratively close my case on 02/14. My question is, once the administrative closure has been put through will this close out my pending EOIR-29?
Mr. Lee answers:
An EOIR-29 is your appeal from an adverse decision of DHS, most commonly used when there is a denial of an I-130 relative petition. As the I-130 petition is not within the jurisdiction of the immigration court, it is not part of an administrative closure. You could of course withdraw your appeal if you so desire.
Q&A 3.
Can I Get Your Opinion on My Case?
I'm 17, I have 35 000USD, I have an American girl (16) who lives in Sarasota, FL. I'm planning to move to Detroit, MI with her, where I will buy a house and run a shopping business. I just filled my DS-160 but I put B type and 3 months of travel, I wasn't expecting meeting her, I have my parents' consent, she claims her parents accepted too. I heard I can't change the visa type to a K one. How do I deal with this?
Mr. Lee answers:
You are 17 and your American girl friend is 16 and your plans may not be as definite as they appear to you at this time. I suggest that perhaps you may not be as firmly committed as people who are of a more mature age. Therefore you may wish to come to the US under a B visa (if you obtain it) and go through your plans with her and her parents when you arrived in the States. You may find that things are not as simple as they now appear to be. It may turn out that in the end your visit is just that – a three-month visit.
Q&A 4.
I Applied for I-751 to Remove Conditions on Residence.
They are asking for more evidence now. What can I do if I don't have more evidence to give? I have given our marriage certificates, bank statements, and our wedding images. I live with my parents and they support us. Neither of us work so we do not have medical insurance. I am going to college and she is a house wife. I do not have any other evidence. What can I do when they are requesting the evidence within 2 months?
Mr. Lee answers:
Besides your wedding images, you can give photographs of the two of you together with your friends and/or relatives. You can also give sworn affidavits of all your friends and relatives who can attest to the fact that you have a bona fide marriage and exactly how they know. These individuals should attach copies of their personal identification such as driver's licenses. You can further send any type of correspondence or even junk mail that shows that both of you are living at the same place.
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