Published on Lawyers.com and the Epoch Times on January 1, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
Green Card
My boyfriend has permanent residence status in u.s. And he's from New Zealand originally. He got his green card 10 years ago and was trying to renew it since its expiring. He went to the office for the appointment to renew his green card but they wanted his expiring green card but he realized today he lost it. The proof he does have of it is a paper copy of it and he has A passport, and a license for here as well. But I'm wondering what will happen if he goes in for his next appointment tomorrow and doesn't have his green card like they asked. Since he's renewing it and has a copy of it will they still let him renew it?
Mr. Lee answers:
Since the I-90 process for obtaining a replacement green card where one is expiring does not require an interview, I assume that your boyfriend is being asked these questions by the application support center at which he is attempting to complete his biometrics. I see no reason why the application support center cannot complete the taking of your boyfriend's biometrics and continue his application for a new card. It already has all the information on computer that your boyfriend has a permanent residence card. There would be nothing gained by giving him a hard time with the application once he informs the officer that he lost the card.
Q&A 2.
How Long Will a B-2 Visa Take and Is It Possible for Them to Get Approved for It?
My uncle and his wife have 2 children living in Honduras with them(ages 4 and 7) that are U.S. citizens They want to send their 7 year old daughter to live with my family because she gets sick a lot. Is it possible for them to get a visitor visa if they sponsored themselves or I sponsored them. I'm a U.S citizen and with my family can financially cover for them or they can cover for themselves too. What would be the best thing to do and how long would the visitor visa process take? Only their parents would need visas
Mr. Lee answers:
Visitors’ visas are given in the discretion of an American consular officer who will attempt to judge whether the parents have the proper nonimmigrant intent. If the consular officer believes that the parents are only using the daughter as a way for them to enter the country and remain, he or she will deny the visa requests. The visitor visa process varies in length of time from consulate to consulate, but can generally be completed within 60 days. To enhance their chances, perhaps only one parent should make an application and the other can stay behind in the home country. The one who will be coming can bolster his or her chances by showing that he or she has a job to which he or she will return, that he or she has savings and other property in the home country. You can also help by supplying an affidavit of support on form I-134 with job letter, banking statement, and last year's tax return along with a letter to the consulate guaranteeing that he or she will not work, and that the parent will leave as soon as the visit is over.
Q&A 3.
International Marriage
I and my love met a year ago through internet. I know it doesn't mean anything but we would like to meet and marry, becasue we can't believe how we are exactly the same personality. We never argued and we had times when we couldn't speak but we didn't give up each others. We still cannot give up. We will search a lawyer but now I would like to ask you, which method would be the better? We really want to marry and live together, and I really don't want to move in the USA only to work and have better life. Here in Hungary the life is as hard in the USA. I don't see any reason why I would like to work there. I just don't know how could I prove it and how could we be together finally. If I don't have this person I will live alone rather.
Mr. Lee answers:
You have the option of either having your significant other file for you as a K-1 fiancé through form I-129F or having him or her marry you overseas and petition for your residence status through form I-130. In the first situation, your significant other would file the I-129F with form G-325A biographical data sheets of both of you, evidence that you have seen each other within the last two years, passport photographs of both of you, proof of dissolution of all prior marriages for either of you and a statement of your relationship and that you will marry within 90 days of your coming to this country. In the second situation, your significant other would file form I-130 with G-325A biographical data sheets of both of you, photographs, marriage certificate, and evidence of dissolution of all former marriages of both of you. The fiancé petition is usually faster by a few months to allow entry into the U.S., but more work must be done once the fiancé arrives to obtain residence status.
Q&A 4.
H-1B Transfer
Can an immigrant start working without USCIS receipt? My new employer is initiating a H1B transfer using regular process. They say i can start working without USCIS receipt. Can u pls advice on the same. I am a bit tensed to start working without receipt, just on the basis of Fedex/UPS delivery confirmation receipt.
Mr. Lee answers:
U.S.C.I.S. believes that you should wait until you receive the receipt before beginning work with another employer when transferring your H-1B. The reason is that even though the FedEx receipt will tell you that the petition has reached the center, there is the possibility that the filing may be rejected for various reasons. Examples are incorrect filing fee checks, missing signatures, missing application pages, etc. It is always safer to wait for the receipt as your work for the second employer would be illegal if the petition is not properly filed.
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