Published on Lawyers.com and the Epoch Times on November 21, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
What Do You Recommend?
My father went back to his home country about 5 years ago to get his residency. But they denied it. Then he crossed the border 2 years ago and got detained in San Francisco, California and got order of deportation and got taken back to his home country. Right now he is at the border deciding if he should turn himself in or take the chances of getting caught again. He has 5 kids in the United States. The reason why he has been trying to cross is because he needs to take care of his children. I believe there is a new law that if you have kids you can fight to stay.
Mr. Lee answers:
Your father may have to wait for passage of a new law to allow him to come back to the country. As part of the Senate bill for comprehensive immigration reform, relief could be given to those who were deported and had family members in the States. No one of course knows at this stage what parts of an immigration reform package would pass. Under present law, your father is unfortunately barred for a long time since he undoubtedly stayed in the U. S. for more than a year before going back to his home country, and then by the act of trying to reenter illegally and being deported, incurred a permanent bar. Hopefully some relief will be available to him in the future.
Q&A 2.
Two Labor Applications by Two Different Employers
I accepted the offer from one small company and they were willing to transfer my H1B. In next couple of days, I got the offer from a big company and I have accepted that offer too (with an intention that I will not join the small company and will tell them that I got the better opportunity which aligns with my interest). I didn't give any documents to the small company so that they can’t start my H1B process unless big company clears my background check and files my H1B. The problem is that both companies’ lawyers filed my labor within a few days gap. I am panicking now, what should I do? What’s the implications of this is going to be on my labor application... are both labor applications is going to get rejected? What should I do?
Mr. Lee answers:
Being applied for 2 H-1B’s by different employers is usually not a problem, especially when you are only in the labor condition phase. Some people even wait to see which one will succeed before making the choice of which employer to go with.
Q&A 3.
Termination of Status After I-751 Approval
We filed I-751 jointly, went to interview, and were approved. GC was never delivered, though USCIS provided tracking number and details. So I filed I-90 with my attorney. After 4 months she checked status online and it said: we mailed notice terminating your status. I'm in shock, I was browsing internet for hours and couldn't find any similar situation like this. What does it mean?
Mr. Lee answers:
A person is not officially approved at the time of interview unless the officer gives the stamp of approval at that time. An immigration officer may feel that the case is OK and give indications of such, but there is no final approval until the time that it comes in writing. That being said, you or your attorney can arrange an Infopass with U.S.C.I.S.’s field office to see what happened and perhaps ask for a copy of the decision from U.S.C.I.S.
Q&A 4.
Proof to File the OPT Motion to Reopen the Case?
I'm an international student on F1 Visa. I applied for my pre completion OPT which got denied. The denial reason is that I'd been granted OPT before, and therefore not eligible for it anymore. I did apply for an OPT in 2011, which needed to be withdrawn. So I put a withdrawal application through my designated school official to the USCIS on 11th of July 2011, before the OPT got approved ( got the approval letter on 4th of August). I exchanged several emails with the DSO, regarding the filing of the withdrawal letter. We also received responses from the USCIS. Finally, on 7th Feb 2012, I was told that application is withdrawn. The only proof of withdrawal filing is the email exchanges I had with the DSO. So will that serve as a sufficient proof to initiate the motion?
Mr. Lee answers:
You can initiate your motion to reopen the denial of your OPT based on the evidence that you now have along with your detailed statement of what occurred. If you are able to obtain confirmation from the DSO, that would be even better. It is difficult to say whether the motion will be granted, but you should certainly go forward in your situation assuming that everything is as you have related.
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