Published on Lawyers.com and the Epoch Times on October 24, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


Marrying Undocumented Boyfriend, but He Has Also Has An Undocumented Son. Can I Add Son to the Process When Filing for My Boyfriends Papers?


I am going to marry my boyfriend to help him with his papers. However, he has a 13 year old son, who lives with the mother, who has full custody. While we are in the process of applying for his green card, can his son also be included in the process? What would be the process?

Mr. Lee answers:

I will assume that your boyfriend and his son are both in the U. S. and that you are a U. S. citizen. The first question is how your boyfriend and his son came to the U. S. If they entered without inspection, they are not eligible for adjustment of status in the country. You could petition for them, but in order for them to receive their green cards, they would have to leave the country and interview at an American consulate if they sneaked in. Your boyfriend would incur a 10 year bar in that circumstance. The Obama administration instituted the I-601A program under which the 10 year bar could be dealt with in advance before the individual leaves the U. S., and you may wish to collect more information concerning that program. Insofar as his child is concerned, he would have to obtain permission from the mother of his son in order for the son to gain immigration benefits through you. That is of course because she has full custody over him.


Q&A 2.

Will I Need a EAD to Start My Own Daycare (I’m on I2 Visa)

I already had an EAD and I worked with that.  Now the EAD expired and I want to start my own home daycare.  Should I have to apply for an EAD and then start my business after I get my EAD card or I can just start my own business since I am not working under a employer?

Mr. Lee answers:

I suggest that you obtain another EAD before you start your own home daycare business. Such business would most likely be seen as unauthorized employment as it would have the tendency to take away a job opportunity from a U. S. worker.



Q&A 3.

LCA for H-1B Applied Second Time After Wage Correction on March 25th, 2014. When Can it Get Certified?

Applying for H1B through lawyer first time. Wage in the certified LCA was wrong so lawyer had to apply for a new LCA second time on the 25th of March, 2014. Hence, I missed the April 1st deadline. When can I expect to get the LCA certified? Will they be able to file the H1B before cap closes?

Mr. Lee answers:

An LCA by law is supposed to be adjudicated within 7 days. However, during this past H-1B season, there were instances that the Department of Labor processed LCA’s in less time, and in times exceeding 7 days. The lesson to be learned is that the LCA’s should be sent out as soon as possible. In your case, applying for a new LCA on March 25th should have been timely since U.S.C.I.S. was accepting petitions which were filed from April 1 – April 7 for the visa lottery. I am certain that you were so advised by your attorney.


Q&A 4.

Will I Need to Apply All Over Again If My Company Has Applied for Green Card While I Am on a Certain Designation, and Later If I Change My Designation

My company wants to apply for green card while I am on a certain designation.  I was just curious to know that if I change my designation, will I have to redo the entire stuff.

Mr. Lee answers:

When an organization applies for a labor certification, it is requesting certification based upon a particular position. Therefore when you have a change in your job designation, the question is whether the job is the same as the one that was certified by the Department of Labor. If it is significantly different, the company would likely have to go through the process again.


 

 

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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