Published on Lawyers.com and the Epoch Times on January 29, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
I'm H-1B Visa Holder
My fiancée’s asylum application in process in Canada. What if she cancels it and return to country to apply for H4 visa? Will asylum application be a problem for getting H4 visa? We want to just cancel asylum application and go home for applying H4 visa.
Mr. Lee answers:
As your fiancée has not applied for asylum in the US, there should be no impediment to her of obtaining an H-4 visa on that score. Inasmuch as the doctrine of dual intent – a person having both an intent to immigrate and an intent to be in the United States on a nonimmigrant basis – applies to H-1B as well as their dependents, her stay in Canada and not in the home country in the recent past should not affect her ability to obtain the visa. I assume of course that you will be marrying since the H-4 is only for spouses and not fiancées. Your fiancée may wish to bring whatever proof that she has of your bona fide relationship when she applies for the H-4 visa.
Q&A 2.
Can You Be Deported If You Don’t Have a Job?
I’ve been 1 year here and still no job. Can I be deported without a job?!
Mr. Lee answers:
I will assume for purposes of your question that you are green card holder and that you are worrying about deportation based on the public charge bar. This is seldom enforced once an individual has already immigrated to this country. Although technically the provision could be enforced against an immigrant who has no visible means of support, I cannot recall its being used in any instance similar to yours that I have read in a long time.
Q&A 3.
Dual Citizenship
I am in the process of becoming a U.S Citizen at the moment waiting on my interview Question is I want to be a Dual Citizen (U.S & Australia) as my(Daughter is through birth) Is the N400 form the correct form Will it change my interview questions Will I expect anything different as far as paperwork or the interview goes Verbally over the phone I have asked Australia immigration & U.S immigration about being Dual , both Countries are okay with it but U.S doesn't give out to much information about it !
Mr. Lee answers:
The US accepts the concept of dual citizenship for people for most countries of the world and especially our allies such as Australia. As part of the naturalization interview, you will of course be asked to support the Constitution and all US laws, and you will also have to swear an oath of allegiance to this country before you are given US citizenship. The N-400 form is the correct one to file for naturalization.
Q&A 4.
Marrying on VWP, Want to Honeymoon in USVI and Return to US After. Is This Going to be a Problem?
US citizen marrying UK citizen. UK citizen normally resident in home country, coming to US for wedding and returning to UK - no intention to settle in the US. US citizen will join in UK later. After our wedding, we want to honeymoon in the U.S. Virgin Islands but are worried that because we married on the VWP we will have issues getting back to mainland US. We want to go back to mainland US before UK citizen goes home. Will this be an issue? During first entry, will be upfront about reason for visit and have proof of intent to go home.
Mr. Lee answers:
The US Virgin Islands is still part of the US, but of course immigration officers usually take an interest in people returning to the mainland from parts of the US not attached to the mainland. If an immigration officer inspects you and asks questions, there is a likelihood that he or she would be satisfied with your explanation as long as there is reason to believe that the UK citizen will indeed go home. If you go through with your honeymoon plans, your UK citizen spouse should have proof of a return ticket to the UK within the 90 days.
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