Published on Lawyers.com and the Epoch Times on May 22, 2015

Q & A 1. 2. 3. 4.

Q&A 1.


I Became a U.S Citizen. I'll Go to Work Overseas for 5 Years Without Return to U.S.

Then I'll return. Can I enter U.S directly after 5 years?  Do I need to maintain my residency?

Mr. Lee answers:

The immigration laws require that an applicant for citizenship have the intention to make the US the country of domicile at the time that an application for citizenship is being processed. After the individual obtains citizenship, he or she is free to spend as much time or not to spend any time in the country and still keep US citizenship.


Q&A 2.

I Applied For My Sister And Her 3 Children To Come To USA 12 Years Ago

Her visa becomes available now.  Her children are unmarried ages 15,23,25.  They were 3,11,13 when I applied.  Can they come with her?

Mr. Lee answers:

Most likely, your sister will only be able to immigrate herself and her youngest child who is under the age of 21. That is because the relevant time to look at age for a child is generally at the time of entry into the United States. There is an exception under the Child Status Protection Act under which a child's age becomes frozen at the time that the priority date becomes current, and credit can be given for the period of time that the I-130 petition pended at Immigration before approval. If you use those points to calculate and the other children's ages are less than 21 when the priority date is current, the child or children could still apply to immigrate with your sister.



Q&A 3.

South Carolina Immigration

I live in Pakistan.  How to get South Carolina immigration?

Mr. Lee answers:

When individuals immigrate to the United States, they immigrate under federal law to this country. There is no separate immigration law for South Carolina. Ways to immmigrate to this country are generally through family relationships, marriage, employment, investment, refugee or asylum status. Once you are here in the country, you can choose to settle in South Carolina should you desire.

 

Q&A 4.

Valid EB Category for L-1A Visa Holder

I am L-1A visa holder in US for about 4 years. I fulfill all L1A international manager requirements in my job and I was expecting that I qualify in EB1C category for my GC application. However, my organization is citing internal policy and wants to file my GC application in EB3 category. I wanted to know - If there are any issues applying GC in EB3 category with L1A visa status - Potential issues that I may run into for various GC stages if I choose to proceed with EB3 filing (as the EB3 application may be considered contradicting to the proven L1A and consequently EB1c eligibility) - Are there any obvious hurdles I can highlight to my organization and convince them to file in EB1 category?

Mr. Lee answers:

There is no contradiction in an L-1A beneficiary being sponsored under the EB-3 category. Of course, the process is longer and you will have to go through the labor certification process which tests the availability of US workers for the position. Otherwise, as you are aware, the decision to sponsor you or not is up to the organization.


 

 

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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