Published on and the Epoch Times on January 9, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

I was Deported as a Non-immigrant for Drug Trafficking After Doing a 30 month Sentence

Can I ever be granted another non immigrant visa?

Mr. Lee answers:

You can apply for a nonimmigrant visa, be refused, and then apply for a nonimmigrant waiver to enter the US. Whether it will be granted is up to both the US Consulate or Embassy and the U.S.C.I.S. admissibility review office in the US. Factors that may affect the adjudication would be the reason for the visit, the reason for which you are barred, and whether you would pose a threat to public safety or national security, etc.

Q&A 2.

My Girlfriend Left to Colombia with Our Daughter After Been Here Illegally

It has been three years.  How can I bring them back? I’m citizen as well my daughter. My girlfriend came with a visa and was here longer than the 6 months, she was here for six years and left voluntary. Now she wants to come back with my daughter.

Mr. Lee answers:

Your girlfriend who was here for six years and left voluntarily is barred for 10 years as she remained in the country for at least a year after the period that she was allotted to stay in the US. She can only apply for a waiver based on extreme hardship if she has some basis for doing so – in other words, she has a US citizen or permanent resident spouse or parent. If you decide to marry her, she could seek a waiver if you apply for her as a fiancée or as a spouse.

Q&A 3.

Does My Stepson Have to be Studying During His Legal Residency Process?

I married a girl from another country, (I’m from the United States) and she was an immigrant, now she has her residency and she has a son but we couldn't put him on the legal stuff to be resident because of the money we needed, now... He's 16 years old and he just finished school here in the U.S and one lawyer told us (My wife and I) that her children need to be studying so I can put him in the same process we were but now that process is over (It was two years ago), my wife is resident but not the child, and he just finished school as I said... But now my question is can I still make a new legal process so he can become a legal resident of the united state without having to be studying?

Mr. Lee answers:

I am confused by the advice that you have received and that perhaps all of the facts were not revealed in your question. However, a US citizen is allowed to petition for the spouse's child as that child becomes your stepchild by virtue of the marriage so long as the marriage was celebrated prior to the child's 18th birthday. As long as the child entered the country legally, you should be able to apply for him on form I-130 and he should be able to adjust his status on form I-485.

Q&A 4.

How to Change F2 Visa?

I am F2 visa holder and my wife is F1 holder we got these visas in 2008. my wife got her PHD last year and has extended her visa and got work permit (OPT) because she works at Harvard school as a researcher . We have 2 kids were born in USA. I have NBDE1&2.

Mr. Lee answers:

A change of status is done on form I-539 with fee of $290 assuming that there is some basis to change to another category. H-1B, the visa for persons of specialized knowledge, is currently unavailable unless you will be working for an institute of higher education, nonprofit organization connected with an institute of higher education, government research organization, or nonprofit research organization.  Other H-1B visas (those subject to the cap) can be applied for on April 1, 2015, with a starting date of October 1, 2015. You may also be able to move on to a J-1 exchange visitor visa status (although there are restrictions by many program sponsors on changing status in the US) if the sponsoring organization has the ability to issue DS-2019 acceptance forms. Please be aware that many J-1 programs have a two-year foreign residence requirement.



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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