Published on Lawyers.com and the Epoch Times on April 10, 2015

Q & A 1. 2. 3. 4.

Q&A 1.


I Want to Help a Student

I have an 18 year old Congregational member who was brought to the US when he was 2. He just graduated from high school and wants to get a job. Can he get a Social Security card? Can I help him or will I get in trouble?

Mr. Lee answers:

I believe that you can advise your congregant that he may be eligible for Pres. Obama's program, Deferred Action for Childhood Arrivals. Such is available for individuals who entered the US prior to the age of 16 by June 2007. He has satisfied another of the requirements of having graduated from high school and so should be able to make the application on form I-821D. Following such approval, he would be given an employment authorization card with which he could obtain a Social Security number and work. The program would also allow him two years of deferred status to stay in the US after which there is possibility of further extensions. 


Q&A 2.

Six Months Pregnant and Was Given AOS/COS/EOS Stamp With One Month to Return.

Can I extend based on medical condition?

Mr. Lee answers:

Being given such stamp which usually means no adjustment of status/no changes status/no extension of status generally means that you would not be eligible to obtain an extension from U.S.C.I.S. if such as requested. That being said, if you can produce a letter from your physician that it would be unsafe for you to take an extended flight at your stage of pregnancy, you may still be able to obtain an extension. I also note that a timely application for extension of stay usually takes at least three months for U.S.C.I.S. to adjudicate. By the time that you receive the decision, you may already have delivered your child. If the answer is negative, you would only be barred from returning to the US if you stayed 180 days after the date of the decision. 



Q&A 3.

I Have a B-2 Visa. Is It Legal for Me to Cash a Personal Check Given to Me?

I am visiting my relatives here in the US and a close family friend of mine gave me her personal check as a gift to buy whatever I want to buy. I have a tourist visa. Is it legal for me to cash the check here in the US?

Mr. Lee answers:

A B-2 visa holder is not allowed to work while in this country. However, that does not mean that he or she is not allowed to accept personal checks as gifts from other people. Under the circumstances, it would be legal for you to cash the check while in this country. 

Q&A 4.

How Do I Get a Joint Sponsor for FiancÚ Visa?

I am a college student. I do not make enough income. I am a boy living in Tennessee and my fiancé lives in New Brunswick Canada. Our US Consulate would be at Montreal and they DO allow a joint sponsor. My dad will be my joint sponsor. But my question is, how does he become my joint sponsor? When do I notify the consulate? What forms does my dad need to sign.

Mr. Lee answers:

As your father will be your joint sponsor for your fiancé, he can fill out form I-134 affidavit of support along with providing his job letter, recent pay stubs, bank statement, and last year's tax return. He would send those to your fiancé, who would present the paperwork at the time of his interview with the US Consulate. 


 

 

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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