Published on Lawyers.com and the Epoch Times on October 10, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


I Missed My Interview for Removal of Condition and Failed to Establish a Cause for Failure to Appear so They Terminated My Resident Status. What Can I Do?


I have been married since 2000.  In 2009 I and my wife get separated in 2004. I field for remove of condition. I waited 10 years for the interview date and when it was set up my ex girlfriend hide the interview letter from me.  Now they revoked my permanent residence status. I lost my job and facing deportation.  What should I do to stay in the U.S.?

Mr. Lee answers:

Even if you missed your interview for removal of the conditional basis of your residence status and failed to establish a cause for failure to appear and U.S.C.I.S. terminated your residence status, you can still prove at hearings before the immigration court that your marriage was bona fide in its inception. You should amass your evidence and testimony that you will be presenting before the court. I note that the burden of proof will be upon you to prove the bona fide character of your marriage.


Q&A 2.

Have to Apply My Papers but My FiancÚ had Felony is that a Problem?

Mr. Lee answers:

If your fiancé had a felony of domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking , homicide, murder, manslaughter, rape, abuse of sexual contact, convictions for 3 crimes related to controlled substances or alcohol, etc., he would not be able to sponsor you for a K-1 fiancée visa without seeking a waiver from U.S.C.I.S. If the felony was for other reasons, the agency would certainly look hard at the case to see whether it believes that the relationship is bona fide before considering a grant. If your fiancé is sponsoring you for an immigrant visa instead of the K-1, the fact of a felony would make U.S.C.I.S. look harder at the case.



Q&A 3.

Laid Off on H-1, New Company File for H-1 Consular Processing

What's the pros and cons of using the Consular Processing on H-1 transfer? I am planning to go back to home country soon and my new employer is filing for H-1 through Consular Processing. Should I remain in the US to get normal H-1 transfer petition from my previous employer (laid off as of 1/10 - sent B2 COS application myself on 1/10), then visit home country to get a stamping. OR visit home country now and wait for consular process, then get visa stamping?

Mr. Lee answers:

I assume that when you said that you were laid off as of 1/10, you meant January 10, 2014, and not January 2010. Assuming that you sent the B-2 change of status application yourself on January 10, 2014, you might be able to obtain a transfer and extension of the H-1B petition here in the U. S. But it appears that your question presupposes that you will return to your home country with the only issue being either a return before having the H-1B transfer/extension approved here in the States, or a return afterwards. I do not see the difference since you would be facing a consular interview under either situation, and a consular refusal would leave you stranded in your home country in either case. So the choice would be basically up to you and whatever travel plans are more convenient to you.


Q&A 4.

Can't Get Across the Border to America from Canada, a Canadian.

I have come from Chicago Illinois about six months ago. I have immigrant parents that had me in Canada. There from Czech so they left the country with me as a baby and brought me to United States when I was about six years old. I was in America most of my life. I'm 22 years old now. I also have a son in the United States. So any way this is what happend to me I got all of my papers finally after all those years. And I also got my passport and I wanted to go visit my sister in Texas.  She was giving birth at the time so I wanted to see the baby. At the border to Detroit they held me there for about 8 hours questioning me and then telling me they won't let me to America until I pay a fine of like $800 and that I have to have my own apartment a job a bunch of pay checks and a whole list of other things that I need to do and then maybe they going to let me visit. I kinda thought it's crazy cause I want to go to school now that I finally can. I'm not planning to move out any time soon. And I wanted to go to Chicago and see my son also he's going to be five in June. I won't even be able to see him for his birth day this is driving me crazy.

Mr. Lee answers:

From your writing, I gather that you are a citizen of Canada who spent most of your 22 years in the U. S., are in Canada now, and tried to come into the U. S. at the border near Detroit. If you lived in the U. S. until the age of 18, you would be subject to a 10 year bar if you left the country. The bar is able to be waived for visits by DHS, but you would be asked to pay the application fee for the waiver. In addition, CBP must be convinced that you intend to return to Canada, and that is a reason for which you are being asked to put together as much documentation as possible to show your ties and bonds with that country. You will either have to satisfy the requirements of CBP or work it out with your son’s mother to have your son visit you in Canada.

 

 

 

Copyright © 2003-2017 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.

 
   
 

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