Published on Lawyers.com and the Epoch Times on April 24, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

What Action Can You Recommend in My Case?

My husband is a naturalized US citizen since 2011. I am Ukrainian national on F-1 student visa. We recently got married and planning to file for AOS with the help of immigration attorney. HOWEVER, here is the red flag. My husband did not disclose his previous marriage on his Green Card and Naturalization application (he did it unintentionally, not realizing the serious matter of misrepresentation). His misrepresentation was NOT material because he got his green card through his mom who won DV Lottery, and then got his citizenship based on 5-year term of green card. Thus, his marital status was not a material when he applied for both GC and Naturalization. We understand that USCIS does take lie seriously, but my husband wants to apologize and fix his previously committed misrepresentation. If you please could give us advice in regards of how realistic is to fix our situation and what actions (except hiring immigration attorney) could be done in this case.

Mr. Lee answers:

To take away your husband's naturalization would require U.S.C.I.S. to prove that his misrepresentation was material. In looking at the fact situation that you present, you believe that his misrepresentation was not material because he got his green card through his mom who won the DV lottery. You also state that your husband did not disclose his previous marriage on his green card application. Kindly note that a dependent child who immigrates under a parent must be both under the age of 21 and unmarried. You have not said whether your husband was divorced at the time that he immigrated to this country. Even if he was, a question to be explored would be whether the divorce was bona fide or only done for the purpose of allowing him to emigrate with his mother to the States. These are factors that you and your husband should consider. 

Q&A 2.

How Can an International Student Apply for a Work Permit After OPT Has Been Completed?

I have received my undergrad and am currently a grad student.

Mr. Lee answers:

When you finish your graduate program, you are eligible for another period of optional practical training. If you are looking to work prior to that time, perhaps the school can grant you curriculum practical training. You can talk that over with your schools' designated school official. 

Q&A 3.

I Am On H1B Visa. I Own LLC, I Am Single Owner

I am still working for employer who filed my H-1B. I have outsourced entire work to offshore company. Money directly deposits to my bank account. In essence I established LLC and outsourced work. Am I in compliance with H-1B rules? At the time of filing I-485 for Green card will this become a issue?

Mr. Lee answers:
The H-1B contemplates that an individual will work in a specialized occupation for an employer in the US. You do not appear to be in compliance as you state that you have outsourced all the work. If this is known at the time of the processing of your I-485, it will constitute an issue involving non-maintenance of status and possible misrepresentation. 

Q&A 4.

British Citizens

British Parents here in the US with daughter who is now an adult and has now been arrested twice for drug possession (cocaine) felonies. I understand the daughter can be deported as she is an adult, but will her parents face deportation as well as she is here in the US under them?

Mr. Lee answers:
US immigration law does not punish the parents for the crimes of their children. You would not face deportation because of the acts of your daughter. 

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.