Published on Lawyers.com and the Epoch Times on January 23, 2015
Q & A 1. 2. 3.
Q&A 1.
Can a Diversity Visa Winner be Denied a Green Card at the Consulate if She Had Worked Illegally in US in the Past?
I'm a DV2015 winner who resides in US on H1b status and I have never overstayed my visa. In the previous 5 years I did engage in unauthorized work (short term projects that I reported to IRS as 1099-MISC) while maintaining my full time employment (reported W2). If I choose a Consulate Processing and include my previous unauthorized employment in DS-260 will I be denied the green card if the consul asks and I admit that I have worked illegally? Are there any other conditions other than listed in 212(a) of INA that I should be aware of? Any waivers?
Mr. Lee answers:
You should not be denied a green card based upon unauthorized employment if you are consular processing your case. Adjustment of status requires the individual to maintain legal status at all times in the country, and those who have violated status through unauthorized employment many times interview at American consulates. The exclusion grounds are listed in §212(a) of the INA and those are the ones of which you should be aware.
Q&A 2.
Affidavit of Support I-134
I had my interview for the immigration all my documents is complete they asked me for a sponsor, I found someone who's annual income is $200,000 but he also sponsors 3 of his family if I he gives me the i 134 form do the embassy will reject or refuse it. We are a family of me, spouse and a child.
Mr. Lee answers:
A sponsor with yearly income of $200,000 is well able to sponsor you and other members of the family although he has also sponsored three persons in his own family. The income well exceeds that required in the poverty guidelines.
Q&A 3.
A Double Payment was Made to USCIS for Green Card Renewal
Their policy is to not refund over payment unless they make a mistake. Is this accurate?
To renew green I went on line, paid a fee of $159 which I thought was the card renewal but was for the web site. After the form was filled out I paid the fee for USCIS $450 by credit card. The same day I realized that the web site was not U.S. govt so I called their 800 number and requested refund of fees which they agreed to. To continue the renewal process a paper form and personal check were sent via us mail to USCIS. USCIS accepted both fees but said it is their POLICY not to refund over payments unless it is their fault. I did call USCIS before the check arrived and asked if I should stop payment on the check and the person said no even after telling me no refund of over payments.
IRS, state gov'ts and all business will give a refund if overpayment is made. How can a part of the gov't have such a policy and is there a way to get a refund?
Mr. Lee answers:
We have even had situations in the past in which U.S.C.I.S. has acknowledged the mistake, but the client never received the money back.
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