Published on Lawyers.com and the Epoch Times on February 19, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
Can US Citizen Husband Still File for Me If He Had Not Been Paying Tax?
I have been married to a US citizen for five years he is 100%. He was in the USA army.
Mr. Lee answers:
A U. S. citizen who has not paid taxes can still sponsor a spouse for permanent residence, although he will have to show that he has a financial cosponsor who can pick up the support obligation of the I-864 affidavit of support. The 5 years that you have been married to the U. S. citizen is not a consideration as there is no statute of limitations as to when a citizen can apply for his spouse.
Q&A 2.
How Can I Recover Money I Posted for A Bail Bond on a Friend?
Mr. Lee answers:
The first condition is that the alien did not violate the terms of the bond. If the alien missed a court or ICE appearance at any time, the bond is likely forfeit. Otherwise if the alien is now in a position of having obtained sufficient legal status or having left the U. S. without violating the terms of the bond, the bond should be able to be canceled and money returned to the bond obligor. ICE will usually close the bond and send a bond cancellation (I-391) to the bond obligor. With the form and bond receipt, you can mail your refund request to Operations Management, PO Box 5000, Williston, VT 05495-5000. Instead of doing it yourself, you could also employ the services of an immigration bond agency since getting a bond back from ICE is sometimes a protracted process.
Q&A 3.
Can I Apply Green Card Directly From OPT?
I am from India. I am currently on OPT and still have 28 months left. I have an employer who is willing to sponsor a green card, so do you think it is advisable to apply green card without even applying for h-1b.
Mr. Lee answers:
Inasmuch as the employment based categories EB-2 and EB-3 for India-born have long backlogs, you cannot apply for green card without holding some valid nonimmigrant status during all the period of time that you are waiting for a priority date to become current.
Q&A 4.
What is Surer/Faster for an H4 (Wanting to Study & Divorce in 5 Months) to Change of Status to F-1?
My husband and I are filing for divorce (NJ, uncontested, no fault grounds of irreconcilable differences for 6 months) in 4 months. I expect to get my I-20 in 2 months. How long does it take for COS from H4 to F-1 to go through? Does the COS process get effected by filing for divorce, or does it go through as long as my H4 is still valid (which it will be till the divorce is finalized)? After the divorce is finalized can the COS still go through? In the event that the COS is approved : How soon do I have to leave the US to have my F-1 stamped? Can I attend college before I have my F-1 stamped? Is it in my better interests to go the COS route, or to get a quick divorce and file for an F-1 as an independent international student from Pakistan?
Mr. Lee answers:
By the time that you obtain your I-20, your divorce will still be in process according to your fact situation. You are eligible to file for a change of status from H-4 to F-1 as long as both you and your spouse have been maintaining valid nonimmigrant status. If you file for the change of status before the divorce, the divorce will not affect U.S.C.I.S.’ adjudication on the F-1 application. You will of course have to show adequate financial support to be a student who can remain here without working. Change of status for those who are in status is usually more certain than consular processing. If you decide to go with change of status and once your change of status is approved, it is up to you as to whether you want to go outside the U. S. to have a visa stamped in your passport. That is not a necessity and many people just stay here with the change of status. You would be allowed to stay as long as you are still maintaining your F-1 status. You are allowed to attend college prior to having your F-1 stamped or even before U.S.C.I.S. makes an adjudication on the change of status.
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