Published on Lawyers.com and the Epoch Times on March 27, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

E-2 Visa Buy Existing Business in Nashville

I came from Thailand to the US with my mother, my younger brother and my friend with B1/B2 visa on 03/29/2014. My mother bought a Thai Restaurant from her friend in Nashville . The total asset of the restaurant is 60000 USD. She has paid 43000 USD for first payment and the balance will be paid 2000 USD each month. According to the agreement of buying and selling, the revenues and expenses are responsible by my mother from 04/16/2014 afterward. To run the restaurant, my mother has spent more than 20000 USD in order to buy equipments and supplies. So, the grand total of asset including liability is around 80000 USD after investment. My mother still has a business in Thailand, she owns a import-export company in Bangkok. So she went back to Thailand, and worked in China on the 17 June. She would like to apply for the E-2 Visa. The problem is she does not know the process of application. There are many points that are not clear. Could you please advise me.

Mr. Lee answers:

For your mother to apply for the E-2 visa, she would have to make an application at the American Embassy with evidence of the business, proof of ownership, amount invested, number of employees at present and projected in the future, etc. She should contact the embassy ahead of time to determine its requirements as American embassies and consulates around the world have different procedures for E-2 visa applications. She would fill out form DS – 160 application for a nonimmigrant visa along with the part which is devoted to treaty traders and investors. If the US Embassy agrees, she would be issued an E-2 visa to enter the US to work at the restaurant.

Q&A 2.

What Should I Do With an Illegal Immigration Case?

My husband and I just got married. I have green card. He is a traveler from Vietnam, but his Passport and Visa are expired 3 years ago. Now, I want to change his status to make he stays in US. I know if I want to do that I have to be a Citizen. If I am a citizen when I apply to Immigration to change his status to legal. Does he have to come back VietNam and wait to approve or he can stay in US? He stay in US 4 years, the Passport and Visa expired are 3 years. He applied to change his status from traveler to international student, but got denied twice. With this case, is it hard to help my husband stay in US?

Mr. Lee answers:

As long as your husband is not under removal proceedings and the marriage is bona fide, he should be able to adjust his status despite his having an expired passport and visa. The expiration of a passport is not a bar to immigration adjustment of status where the individual is married to a US citizen. Neither is an overstay.

Q&A 3.

Is There Any Way I Can be Eligible for Residency or Citizenship?

I was brought here by my parents before the age of 16 which makes me eligible for the DREAM act.  I meet all criteria to qualify EXCEPT the part that I was supposed to be at least 16 on June of 2012 and I did not turn 16 till November of 2012. I talked to a lawyer but they told me that I did not qualify so there was nothing to do. Just wanted to see if this was true. Is that really the only option is had?

Mr. Lee answers:

If you meet all the criteria for the deferred action for childhood arrivals (DACA) program except for the fact that you were not at least 16 in June 2012, you are still eligible as long as you are at least 15 years of age on the date of application. As you are now 16+ years of age, you can apply today. Please note, however, that DACA is not permanent residency or US citizenship. It is a deferral of any action to remove you for a period of two years from the date that it is given and is most times accompanied by an employment authorization card. 

Q&A 4.

Applying For Citizenship With a Juvenile Record?

When I was 15, I got arrested. I don't remember what I was being charged for. At the time I was clueless of what's going on. So here's how the story goes, at 15, I got a job at the flea market helping someone sales medical drugs and help interpreter what the customers want. On my third day there undercover cops came and I got arrested with the people there, apparently it was illegal because the person who sale those do not have a license to do so. I was put in juvenile for 8 hours and got my finger prints scanned. After the court date I got about 3 months of community services. Than when I was 17, I got a DUI. Now I'm going to be 24 and have stay clean and out of trouble since. My green card is due in 2 years and I want to apply for a citizenship, I want to know will these two incidents affect me from getting my citizen?

Mr. Lee answers:

Good moral character for naturalization purposes usually involves consideration of the five year period prior to the application for citizenship. As it has been seven years since your last incident, and these incidents do not appear to have been serious crimes, I do not see them getting in your way in your application for citizenship. However, please note that the naturalization form asks for recitation of all arrests and dispositions, and so you should put them all down on the form and obtain dispositions for both of them.

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.