Published on Lawyers.com and the Epoch Times on February 26, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
Can I Buy a House with I-730 Approved?
I'm planning to buy a house but I did not receive my green card after I got approval from I-730.
Mr. Lee answers:
There are no restrictions on ownership of property as only for permanent residents and as long as you have the wherewithal to satisfy the needs of the seller, you can buy your house.
Q&A 2.
Domestic Violence Misdemeanor and Naturalization/Deportation
I have a question regarding the naturalization process. My husband and I can apply for naturalization in Jan 2016 and are looking to work with an attorney. Unfortunately, my husband has a domestic violence misdemeanor and the case is in progress - he is attending the court recommended classes and we have our court date next week. Do you think we should delay the process another 5 years. Does a DV violation (if we can reduce the misdemeanor to a violation) lead to deportation?
Mr. Lee answers:
A conviction or plea to a domestic violence episode can lead to deportation. That depends upon the wording of the state statute and whether it has all the elements of the federal offense without ambiguity. That would probably be a determination of an attorney. Insofar as the fact that the charge can be reduced to a domestic violence violation, I do not believe that such would remove any possible deportation circumstances. I saw the case in which a violation was upheld as a valid conviction for immigration purposes.
Q&A 3.
I Have Been Out of the U.S. for More Than Two Years.
I am a US permanent resident but I left the US after a misunderstanding with my husband. I gave birth outside of the US which delayed my return back home (US). I planned of going back to the US when my baby turned 1 year old but i was in distress and I feared that my green card will be revoked once I will be at the US port. My husband now is applying for US citizenship and wants to help me so we can be a family again. Will I still be able to be admitted to the US when my husband will petition me?
Mr. Lee answers:
Under the situation that you describe, you should be allowed to return to the U. S. when your husband becomes a U. S. citizen and applies for you again for the green card. You may have to explain to the U. S. consular officer at the time of the interview what happened before, but he or she would most likely just be interested in ascertaining that you intend to stay in the U. S. and make the country your place of principle domicile if you are given the green card again. When your husband becomes a citizen, he will have to file a separate petition for your child.
Q&A 4.
Can My Sponsor Sponsoring Another Person?
I got a sponsor for my green card, and my case is processing. So Can she sponsoring another person, who is same for green card and at same time? Last year she make 54.000$ together with her husband. Does gonna make any problems for me or for herself?
Mr. Lee answers:
I assume that you are talking about an I-864 affidavit of support. Under the poverty guidelines for 2016, a couple without children or other dependents and who has sponsored no others in the past, is able to support 8 people under the 125% guideline used in immigration cases with income of $54,000 in all states except Hawaii and Alaska. So if she and her husband are 2, and you and another person are another 2, that would only be 4 people – a number able to be supported with the income of $54,000.
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