Published on and the Epoch Times on December 25, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Visit U.S. While Waiting for Green Card Visa Interview

I work for a brand of US company in a country. I am applying for green card. My case is completed and I am waiting for interview at embassy. I visited US last year with B1 visa. My B1 visa still valid (a few months left) and I want to visit it again for a business trip and leave before my green card visa interview. As my green card is pending, Can I enter US in this case or my admission will be denied?

Mr. Lee answers:

Whether you will be allowed entry into the US under your circumstances will depend upon whether you are asked about any pending immigrant visa petitions, and if so asked, whether the immigration inspector still believes you to have the proper nonimmigrant intent for this visit. If so, he or she can still admit you to the country even if you are only waiting for your green card interview at the embassy. 

Q&A 2.

What do I Need to Do

Married for 2 yrs got through in Sept this yr came to Florida an spent about 2mths with my husband now he served me for dissolution of marriage.

Mr. Lee answers:

It is unclear from your question as to whether you are a conditional permanent resident (married for less than two years at the time of entry into the States or approval for adjustment of status) or a resident with a permanent green card. If in the latter class, you do not have to do anything as you already have the final green card. If you only have a conditional one, you will have to file for removal of the conditions of your residence status within two years of your having received that card. In doing so, you can obtain a permanent card if you show U.S.C.I.S. that you either had a bona fide marriage although it was ended, or that you were a victim of violence by your spouse, or that a refusal to allow you a permanent card would cause extreme hardship to you, such hardship occurring during the time of the conditional residence. 

Q&A 3.

How CSPA Helps Me in My Situation?

I'm 18 years old and I come in United States since I was 15. My brother and my sister are both U.S citizens. They request my parents to get their green card. Now in less than a month both will receive their green card. I'm about to do my process and put my paper for green card. But as we all know this will take a little long. How Child Status Protection Act can help me if my situation takes more than 3 years and if I became 21 years when the process of my papers still is in process? I just wanna say that right now I'm illegal in the country. I would really appreciate it if I could get an answer back and solve my problem?

Mr. Lee answers:

The rules of the Child Status Protection Act in preserving eligibility for those who are over the age of 21 is that the time that a petition is pending with U.S.C.I.S. is time that is credited to your age. For example, if you are 23 years of age and the I-130 petition took seven years to adjudicate by U.S.C.I.S., your CSPA age would be 16 as you are given the credit for the time the petition is pending. On the other hand, time in counting your age only freezes when the priority date of the petition is reached. Thus for example if the priority date becomes available under the Department of State's visa bulletin seven years after the petition is first submitted to U.S.C.I.S., it is only on that date that your age would freeze and go no further for CSPA counting purposes. In your case, when your parents become permanent residents, they will file for you under the F-2A category as an unmarried child of a permanent resident. The projected time for cases like yours is approximately 3 years. When your priority date under that category becomes available, your age will freeze and you will be allowed to deduct the time from your age that the I-130 petition pended with U.S.C.I.S. Hopefully you will still be under the age of 21 with that calculation. 


Q&A 4.

Do I Have to Renew My Work Permit While my Papers are being Submitted for a Green Card?

I am 40 and I have a work permit that expires in April. My dad who is a U.S. citizen is going to submit my paperwork this February. Will I have to renew it and if I do will I get any money back if my green card comes through. I also wanted to know if I can know any ballpark figures on the timeframe it takes to get a green card.

Mr. Lee answers:

It is unclear from your fact situation what papers your father will be submitting on your behalf this February. Therefore I cannot tell you any ballpark figures on the time frame that it will take to get a green card. On your specific question of whether U.S.C.I.S. will give you back any money if you renew your work permit and the green card comes through, it is the policy of U.S.C.I.S. to not refund any monies in that situation. 



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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