Published on Lawyers.com and the Epoch Times on June 26, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Can I Fill Form I-485 Even Though My Authorized Stay Has Expired?
My U.S. parent wants to apply permanent resident for me. They adopted me when I was in the U.S., so I believe I am in immediate relative case. I came here with tourist visa on 2009. I have overstayed about 4 and half years now. I don't know if this crime apply for me or not, because I am sixteen years old. I believe so, because three-year bar and ten-year bar have exception for underage person. So, I want to ask you before filling this application.
Mr. Lee answers:
It would appear from the facts of your question that you may legally be adopted for immigration purposes. I do note that adoption immigration has become more complex with the application of the Hague adoption convention which applies to nationals of many countries of the world. Assuming that the adoption is good for immigration purposes, you would be an immediate relative and eligible for adjustment of status since you entered the country legally. The 3 and 10 year bars only apply to those who leave the country and wish to reenter. That does not appear to be your case.
Q&A 2.
I Am On B-2 Visa It Expires in July 2015, I Want to Stay Legally
Is it possible? I want to go for studies. I already completed MBA from India.
Mr. Lee answers:
U. S. immigration laws allow bona fide B-2 visitors who subsequently decide that they wish to obtain further schooling in the States to apply for a change of status to become F-1 or M-1 students. Although you have a completed MBA, it may be possible for you to obtain schooling in another area or to continue onwards for your PhD. The rules on changes of status from B-2 to F-1 or M-1 dictate that you do not begin studying until the change of status from U.S.C.I.S. is approved.
Q&A 3.
Can I File K-1 Visa for My Fiancé?
I want to file the k-1 visa for my fiancé, however, he is a resident in Spain and has filed for his citizenship recently and has not been approved yet. Will this intervene with the k1 visa filing process?
Mr. Lee answers:
Your fiancés being a resident of Spain who has filed for his citizenship recently will have no effect upon the K-1 visa filing process as that has nothing to do with Spanish law.
Q&A 4.
Can I Be Added to Fiancé’s Tenancy
I am currently in US having entered on a K-1 Visa. We have planned to marry within 90 days. I live with my US spouse (have done for 2 weeks). Can he add me to the tenancy before we marry which is currently in his name only?
Mr. Lee answers:
Adding your name to the tenancy would of course be another proof that you and your spouse have a bona fide relationship. The matter of a lease addition is a matter between your spouse and the person or organization from which he leases.
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