Published on Lawyers.com and the Epoch Times on August 29, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
EB-1A Eligibility
I am associate member of Sigma Xi patented something in 2010 in a country Leader (for 3 years) and founder of a university association Published a book so far, and 22 Years old . I've been cited in wikipedia in two pages. I also won a national 1st prize . These are my most notable works so far, do you think I am eligible for EB1 ?
Mr. Lee answers:
Your case sounds interesting and you could be eligible for EB-1A dependent upon other factors in your case. References in Wikipedia do not count since any interested party can write and be published in Wikipedia. I am not sure of the relevance of membership in Sigma Xi. A patent, national first prize, and publication of a book are factors in your favor.
Q&A 2.
Do Undocumented Immigrants Need to Pay Fee for This?
Do undocumented immigrants need to pay fee at LAX if they want to go back to their country? (Consider an undocumented immigrant who stayed in US for more than 7 years.) And can they come back to US?
Mr. Lee answers:
I am not aware of any undocumented immigrants having to pay a fee at any of the ports of exit, but you are probably referring to a sailing permit which is sometimes requested before people leave to ensure that they are in compliance with their U.S. income tax obligations. Applicants can fill out form 2063 US Departing Alien Income Tax Statement with the local IRS office within the 30 days before departure to establish that they are in compliance. The ability of undocumented immigrants to return to the United States after leaving depends upon the circumstances of their cases.
Q&A 3.
What Will be My Next Option? Can I Go Back to My Country Now Then My Wife Will Apply from Here?
I entered USA in 2010 on B1/B2, applied for F1 in march'11, in Sep'11 got denial, Then applied for I-290b, got approval in march'12, but didn't enrolled in school as I married to US citizen on Feb 14th 2012, Later in June 2012 Applied for I-485 got EAD, called for 2 interviews, second one is videotaped, 80% went well, some answers were different, that was on Dec'2012, later they sent NOID in 2013, actually the whole case was going in Dallas, my wife is from Louisiana, in 2013 we moved to Louisiana and changed address, same time I applied for renewal of EAD and got it, in Nov'2013 got a letter from Louisiana local USCIS office stating that " our file was moved, An officer will contact us soon " Now it’s been 7 months, I didn't get any response, I have to visit my country, don't know whether I can come back or not, If I get approval will I get 10 yrs GC or conditional GC ? If I get 10 yrs GC am I eligible to apply for citizenship in 2015 as my marriage date is Feb'12.
Mr. Lee answers:
As your I-485 application is still pending, and it appears that your F-1 change of status application was approved even though you didn't go to school, you appear eligible for advance parole to leave the United States. Such can usually be given within approximately 90 days of filing form I-131. That would allow you to return after your temporary trip overseas. If you are approved for permanent residence, you will receive a 10 year green card as you have already been married over two years. Your date to apply for citizenship is three years from the date that you are approved for your permanent residence so long as you are able to prove that you have lived together from the time of obtaining the green card until the time of your applying for US citizenship. Otherwise you would have to apply in five years from the date of receiving your permanent residence.
Q&A 4.
Is This Considered an Arrest?
About 10 years ago, I worked for a retail company. I was caught stealing 349 dollars I believe. An office showed up with the lost prevention manager. I was asked to sign a statement and was escorted out by police in handcuffs. The office walked to my car and sent me home. Is this considered an arrest I never had to go to court and my background checks is clean. I’m applying for my citizenship and want to make sure everything is fine.
Mr. Lee answers:
As you were never taken to the police station, I believe that you were detained rather than arrested. Your matter appears to have been internally handled by store security. As your background checks were clean, I will also assume that you were never fingerprinted in connection with the theft.
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