Published on Lawyers.com and the Epoch Times on June 19, 2015

Q & A 1. 2. 3. 4.

Q&A 1.


I am an Illegal Immigrant But Want to Fly Back to My Home Country Venezuela Voluntarily. Will I Be Detained at the Airport?

I did have a green card for 30 years but it was taken away from me 2 years ago for an offense which no jail time was required.

Mr. Lee answers:

U. S. Immigration generally has little interest in stopping people from leaving this country. Unless you are a person of significant interest, you would be allowed to leave. At most, individuals leaving the country are sometimes required to show that they have paid taxes (sailing permit). 


Q&A 2.

H-1B Approved But H-4 Extension Under Process

My spouse came to USA on H-4. But found an employer, and the employer applied for an H-1B and got approved. In between since my h1b was about be expired in Oct10th applied my extension as well as his h4 extn. Now I have requested my attorney to send h4 withdrawal. If by any case h4 comes approved, can my spouse continue working requesting USCIS to withdraw the h4 since we have already requested the withdrawal before it got approved or the last action rule works.

Mr. Lee answers:

Even if the H-4 approval for your spouse comes after his H-1B approval, he may be able to avoid the consequences of the last action rule as long as he has proof that a withdrawal request was sent and received by U.S.C.I.S. prior to the H-4 approval. Such may involve much communication with U.S.C.I.S., but can most likely be done. 


Q&A 3.

Got Asylum Granted 2 Years Ago But Did Not Apply for Permanent Residency

I was granted asylum and it was granted on June 2012 but I haven't applied for permanent residency yet due to financial reason. Please help. I need to know if I am in trouble and what is the process to apply for permanent residency and do I still have time to do so and is there any way to get it done cheaper than paying the whole cost of application.

Mr. Lee answers:

An individual granted asylum cannot apply for adjustment of status through form I-485 until one year has passed since the asylum was given. There is no deadline for application after that. If you cannot pay the $1,070 filing fee, you can request a waiver on Form I-912 Application for Fee Waiver. 

 

Q&A 4.

Selective Services Unwillfull Not Registering

I came to US last 2001 when I was 23 as a legal tourist. Then I became out of status until 2007 (until I was 29); and received my green-card through employment last 2012. Is unwillfull not registering for selective service will affect my application of citizenship after 3 years? Is there a way that I can prove that not registering when I was illegall is unwillfull and not knowing? I tried to apply for federal student loans. I just knew that recently because of denial on that benefit. I tried to explain them that how can I know if there are no not even posters on post offices telling that we must register if we are between 18 to 26 REGARDLESS OF IMMIGRATION STATUS or we will be denied on other immigration and federal benefits like US citizenship and other federal services. What are the convincing evidences to prove my unwillfull and not-knowing acts? My problem is Federal Student Loans by now. It may be the same problem 3 years from now with US Citizenship application.

Mr. Lee answers:

Your non-willful non-registration for selective service should not make you ineligible for naturalization. You can provide an explanation in writing that you were unaware of the obligation. You should also obtain a status information letter from the Selective Service (call 1-847-688-6888 for more information). 


 

 

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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