Published on Lawyers.com and the Epoch Times on March 25, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
Can I File a Motion to Reopen Myself?
I don't have proof of why I didn't appear in court, can I still file a motion?
Mr. Lee answers:
Anyone is entitled to file a motion to reopen, but the burden of proof is upon you to show the reason for which you did not appear in the immigration court for your hearing. Without any evidence, the motion to reopen would likely not be approved.
Q&A 2.
I’m Trying to Fix My Husband’s Papers
Me and my husband been married for 3yrs, together for almost 5. We have one son and he raises and supports my other two kids. He has been here for over 20yrs. He is now 30. I want to know how much and how to I apply for his work permit and papers which is the fastest and easiest way possible.
Mr. Lee answers:
If your husband entered the U. S. without inspection, he is not allowed to adjust status in this country unless he has the benefit of §245(i) under which he can pay a fine amount of $1000 if he had a labor certification application or immigrant visa petition filed on his behalf by April 30, 2001, and was physically present in the U. S. on December 21, 2000. If not adjustable, the fastest and easiest possible way for your husband to obtain his permanent residence would likely be an application to be consular processed overseas. I will assume that you are a U. S. citizen. In such case, you would file an I-130 relative petition on his behalf, and upon his being approved, he would file for an I-601A provisional waiver of the 10 year bar based on extreme hardship to you. He would wait and see the result while he is here in the country. If approved, he would continue his case to be visa processed at his home consulate for the green card. In all likelihood, the interview would be normal and he would return with an immigrant visa. In the process, he would not be allowed a work permit until he returns to the U. S. Insofar as fees are concerned; we do not quote fees publicly.
Q&A 3.
Can I Get a Tourist Visa Right After a J-1 Visa?
I did an one year internship in New York with a J-1 Visa. My internship ended and I have 30 days to leave the country. I plan on leaving mid April. However, I would like to come back to not to miss the summer and travel in the US for a longer period. My questions are: - Is it possible to get a tourist Visa (and for how long maximum... 3 or 6 months?) right after a J1 Visa? - Or will it be denied since I already spent 1 year in the US? - Do I have to go back to my country to apply for a tourist Visa or is it possible to stay in the US and apply for a change of status? - How soon can I come back on a tourist Visa? Is there a waiting period between the J1 and the tourist Visa?
Mr. Lee answers:
A tourist visa is given in the discretion of a consular officer. Consular officers are different from each other, and whereas one may feel that you are a good risk to return after a short visit to the U. S. as a tourist, another may believe that you have been in the U. S. for too long in the recent past to warrant a visa so quickly. During the 30 day grace period following the ending of a J-1 visa, it may be possible to apply for a change of status with U.S.C.I.S. if you are not subject to a two-year foreign residence requirement. Such application would be made on form I-539 application to extend/change nonimmigrant status with fee. If you are so subject to the foreign residence requirement, you would have to apply for a visa outside the United States.
Q&A 4.
Can a Visitor Marry An H-1B Holder in the State of Texas?
My fiancée is a Spain citizen and she can enter United States for a period of 90 days for tourism purpose and doesn't need a visa and I am a H1b holder.
Mr. Lee answers:
I do not believe that there is a prohibition on a visitor who is in legal status marrying an H-1B holder in legal status in any state of the union. If you find out different, I would be pleased to know.
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