Published on Lawyers.com and the Epoch Times on July 10, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Can I Get Driver License If I Am an Illegal Immigrant?

I was read on newspaper, I found some news about illegal immigrant can get driver license in California, Illinois... Is that's right?

Mr. Lee answers:

If you're a resident of certain states, you can obtain a drivers license even though you are not legal. The states at last count were Colorado, Illinois, Maryland, New Hampshire, Nevada, Utah, Vermont, Washington, and the areas Washington DC, and Puerto Rico. States that are slated to begin soon are California and Connecticut. However, to qualify, you must actually reside in those states. If you do not, there is a chance that you may be arrested for fraud. 

Q&A 2.

Charged With Indecent Exposure and The Case is Not Resolved Yet

I have been charged with indecent exposure, which is a misdemeanor with a jail time up to one year. Moreover, the case is in pre-trial so I am not convicted yet and I have lawyer representing me. I entered the US in 2007 and never left the country for more than 6 months. I am a permanent resident since 2011. Can I be deported, if convicted?

Mr. Lee answers:

As the crime with which you are being charged is a misdemeanor in which the maximum jail time is one year, and this is not the type of offense which can be construed to be an aggravated felony if you are sentenced to one year, you are not deportable if convicted. I further note that the offense of indecent exposure is generally not regarded as a crime involving moral turpitude. 

Q&A 3.

Can I Function with An EAD Card with a Little Spelling Mistake on It?

My lawyer made a mistake while filling the application for my employment authorization card. I have the card now, but with a small spelling mistake on it. I don't want to return the card, because I truly need it right now. Can I function with this card until I get my green card? The green card is supposed to appear with my correct name as the issue was already reported to USCIS.

Mr. Lee answers:

If there is a small spelling mistake, you should be able to function with the EAD card. A small spelling mistake would be like one or two letters out of place in the name, and not a different name. If it is a small spelling mistake, an employer with whom you are working or for whom you wish to work would have to be comfortable with it also. 

Q&A 4.

Can My Wife Come Here Via Tourist Visa While Waiting for Her Spousal Visa

My fiancée has tourist visa. After we get married in her native country, I will file for spousal visa. While we wait for the spousal visa approval, can she come here via tourist visa? And when her spousal visa is approved, she goes back to claim it, then come back using spousal visa. Will there be problems with her stay here as tourist visa while her spousal visa petition is in process?

Mr. Lee answers:

Most American consulates and embassies will not issue a tourist visa for the purpose that you describe. While it may be possible for the beneficiary of an immigrant visa petition to visit the US for short periods of time during the waiting period, your plan to have your spouse come and stay with you until the immigrant visa processing is almost complete could run into a problem of possible misrepresentation in coming to the US. Even if your spouse already has a tourist visa, she may run into a problem with a Customs and Border Protection inspector at the port of entry if that person becomes aware of her true intention. 

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.