Published on Lawyers.com and the Epoch Times on June 12, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Do I Have Any Problems for My IR2 US Visa Interview If I Don't Pay My Tuition in Canada?
I am from Vietnam and currently staying in Canada on a student study permit. My study permit is still valid for another year. I am waiting for the NVC to review my case within the next 30 days. At this point, I don't have an interview appointment yet. My best estimate is that the interview date will come very soon. If I pay the tuition, I couldn't get a refund even my interview go well. Will the US consulate officer conduct the Immigration interview for me if I don't pay my tuition in Canada. What should I do at this point ?
Mr. Lee answers:
Nonpayment of tuition is not a criminal offense, and U. S. immigration laws only focus exclusionary bars on criminal and not civil infractions. This will have no effect upon your immigrant visa interview. You should go forward with your immigrant interview and at the same time attempt to pay your tuition as that is an obligation of your studying in your school.
Q&A 2.
We are Egyptian couple, Our Son Was Born in the States 2 Years Ago.
Is there any chance to get permit for his mother to stay with him in the States?
Mr. Lee answers:
The law does not provide for a parent to stay and obtain a work permit on the basis that there is a 2-year-old U. S. citizen child. If there is something seriously wrong with the child medically and the problem cannot be taking care of in Egypt, U.S.C.I.S. may entertain allowing a parent extensions of stay or even perhaps deferred action on removal if the circumstances warrant such action.
Q&A 3.
Reenter USA
I have green card valid till 2017. I have been out of USA for more than 5 years straight and now I want to reenter USA since I have a U.S. citizen daughter in USA. Do I need to apply for SB1 visa for reentry?
Mr. Lee answers:
Unless you have an emergency reason as to why you have been outside the U. S. for 5 years, an American Embassy or Consulate would not give you a special immigrant visa for your reentry. If your U. S. citizen daughter is over the age of 21, the path of least resistance would probably be to have her re-petition for your green card. Your other option appears to be to board an airplane for the States and explain your situation to a U. S. Immigration officer at the port of entry with the risk that your green card may be confiscated and you returned to the home country or winding up in front of an immigration court defending your right to the green card before an immigration judge.
Q&A 4.
Am I an American Citizen?
My father is an American citizen ho lived more than ten years in the US. Then he went to Egypt right before I was born in 1988 in a legal marriage with a foreign mother that happened after my dad became a citizen and is still active. I have never been to the US and I never had a report of birth abroad. According to USCIS.com, I qualify to be a citizen at birth because my father has satisfied the physical presence requirement. Does this mean that I am already a citizen and can apply for a passport even though I never lived in the states?
Mr. Lee answers:
If your father was an American citizen and resided in the U. S. for 5 years, 2 years of which were after the age of 14 prior to your birth, you appear to be a U. S. citizen by birth. You can submit an application for U. S. passport to the American consulate or embassy in your home country.
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