Published on Lawyers.com and the Epoch Times on December 11, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Arrested for Traffic Offense but Released Same Day

I was in US staying on H-1B visa and had a traffic offense for which I was arrested but released same day. Later charges were brought down by police officer itself to summary for which I plead guilty and paid the fine in the court. Then I got those charges also expunged by hiring an attorney. Later I came back to my home country. Now my company is sponsoring new H-1B for me. In a form, which I have to fill for that there is a question: Have you ever been arrested, convicted of a criminal offence, or required to pay a fine (other than a simple traffic offence)? If the answer is yes please provide the details (type, date(s) obtained, duration) What should I answer here?

Mr. Lee answers:

The traffic offense that you describe along with the result does not sound like the type that would bar you from the United States. However, not telling the truth on the visa application would be grounds for not issuing a visa based on misrepresentation. So probably the best thing for you to do would be to put down the truth on the form that you are required to fill out. 

Q&A 2.

Just Been Declared Legally Blind, Do I Qualify for a Green Card?

I am 22 years old, and undocumented been in the united states since I was 4. Do I qualify to apply for green card?

Mr. Lee answers:

Unfortunately being declared legally blind does not qualify you for green card. There is no category in US immigration law that awards permanent residence to those who can show disabilities.

Q&A 3.

Can I get H-1B Approval Original and Transfer My H-1B?

I have a question about my H-1 which was applied in 2014 cap. My employer applied for my H-1 in 2014 and it got denied at first. After that my employer appealed against the denial and it got approved in November 2015. By that time my status got changed from L2 to H4 so I had to stop working from Oct 1. Now my employer is not getting any project so that he can recruit me so they are telling that they will revoke my H-1. I have a following questions: 1. Can I get the original copy of my 797 from USCIS as my employer is not sharing with me. (Although I have a soft copy) 2. Can I transfer that newly approved H1 to other employer who can give me the projects? (As it’s not initiated).

Mr. Lee answers:

The employer is obligated to give you the bottom half of the I-797 notice of approval which notes information concerning the employer, case number, and validity dates of the H-1B. On the other hand, having a soft copy of the entire H-1B approval notice is good enough to present to U.S.C.I.S. for purposes of an H-1B transfer application. As it appears that you are in legal H-4 status at this time, you would be eligible to have another employer sponsor you for another H-1B visa status. The organization would have to go through the H-1B petition process, but would not have to wait until April to apply inasmuch as you presumably already have an H-1B cap number from your first application. 

Q&A 4.

When Could I Apply for a Citizenship? How? What are the Requirements?

I'm a dreamer I just renewed my papers last month and I want to know if I can apply for my citizenship and what are the possibilities of getting accepted?

Mr. Lee answers:

DACA is a deferral of immigration enforcement – it is not an entrée to naturalization. Putting in an application for citizenship at this time based upon your renewal of DACA will result in denial only. You must wait for some further action from Congress to give you legal permanent status which can hopefully lead to citizenship in the future. 

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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.