Published on Lawyers.com and the Epoch Times on July 24, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Once I Received my Green Card, Am I Required to Remain in the Same Job Until Contract Expires?
Green Card received September 2014. Contract signed August 2014, it expires 2017.
Mr. Lee answers:
The United States frowns upon involuntary servitude and would not enforce the contract as a condition of your immigration. U.S.C.I.S. will of course want to see that you have not abused the immigrant visa process, and that you had a bona fide intention to take up the job on a permanent basis at the time that you received your permanent resident card. Staying in the position for 6 months after obtaining the green card is usually sufficient to ensure that you will have no future problems with Immigration. What your employer does in a state court to enforce the terms of the contract is a civil matter in which the U. S. government would have no stake.
Q&A 2.
Immigration
I am a U.S. Citizen, my mother wants to come visit for 2 to 4 weeks in December this year. She is in Mali West Africa. How do I get her a visa or letter to Embassy?
Mr. Lee answers:
Assuming that you are an adult and earning money, you could give your mother documentation for her to take to the visa interview including your personal letter guaranteeing her support and that she will return to Mali following her temporary visit to the U. S. and an affidavit of support on form I-134 along with proof of employment (job letter and payslips), banking statement, and last year’s tax return.
Q&A 3.
What Can We Do to Get a Refund?
Our dad became a US citizen in 2001. We, my brother and I, were both under the age of 18. I recently renewed my resident card paid the fee in March for $450, my brother put application for US citizenship and paid $680. When he went for the interview they told him he was already a citizen. I guess we were both citizens automatically when our dad became a US citizen. What can we do to get our money back and use it towards our certificate application? Our parents did not know about derivation of citizenship. How come nobody told them anything, I was 12 yrs old when my dad became a citizen, and at 14 renewed my resident card. What can or should we do?
Mr. Lee answers:
Unfortunately U.S.C.I.S. will not give back a refund under the circumstances that you described. It would point out that it did nothing wrong, accepted your applications, and put both of them through processing. It would say that if there was any fault, it was yours or your parents, and that it is entitled to keep the fees.
Q&A 4.
How Long Would it Take for Me to Get my Green Card?
My dad is a legal resident of the United States. I came to the U.S. with a Visa. My dad did not register for my green card when I got here. I know that the only option for me is for my dad to become a citizen and after that he can file for me too since I'm his legal son. So that's why I ask how long will it take. Let's says my dad takes the citizenship test by the end of November and he passes it, how long would it take for him to be able to file for me? How long would it take for me to get my Green card?
Mr. Lee answers:
I will assume for purposes of your question that you are still under the age of 21 and will remain so for the foreseeable future. If your father takes the citizenship test by the end of November and he passes it, the length of time before he can sponsor you depends upon how fast he can be sworn in as a citizen. Some immigration offices will swear in successful applicants on the date of the test. Others will have your father wait until the next swearing in date can be arranged. In the latter case, it generally takes about 1-2 months. As soon as your father obtains his citizenship certificate, he would be able to submit an application for your permanent residence. Dependent upon the discretion of U.S.C.I.S., it may waive the interview requirement. In such case, the processing could take up to 9 months or more because of the slowdown of U.S.C.I.S. in processing the interview waiver cases.
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