Published on Lawyers.com and the Epoch Times on April 8, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
I-485 Pending
I have my I-485 application pending (employment based), I got arrested for DUI while was pending, immigration is asking me to RFE about the dui, but it is still in court has not been resolved yet, SO I planned to send just the arrest report certified. What could be the possible outcomes, I know DUI is not make me ineligible but the pending criminal case is the problem here, I cannot provide a final decision until the court make a decision. But I have only two months to give an answer.
Mr. Lee answers:
U.S.C.I.S. will generally hold an I-485 case in your situation until there is a disposition. You or your representative will have to keep U.S.C.I.S. informed of the status of your DUI case. I note that there is currently a movement in the immigration laws to consider DUI offenses more serious as seen in people being barred from The Deferred Action for Childhood Arrivals (DACA) program if they have DUIs. To be on the safe side, you or your lawyer may consider attempting to have the case dismissed or the charge changed to another ground.
Q&A 2.
Can I Apply for a Tourist Visa if I Have an H-2B and I'm in USA?
I work every summer in Alaska with and H2B Visa, I have had J1 as well. I want to apply for a tourist visa because I want to take a trip around USA but my H2B ends right away as my job. I want to know if you guys can help ne to apply for a Traveler Visa during my stay here in USA.
Mr. Lee answers:
Visas are applied outside the United States. However, you can apply for a change of status to be a B-2 tourist while in the U. S. by making an application with U.S.C.I.S. on form I-539 application to extend/change nonimmigrant status with fee as long as you are still maintaining legal H-2B status at the time of the application.
Q&A 3.
E2 Visa Proportionality Test
How much do I need to invest to pass the proportionality test, For example, if the total cost of the business is 1,30,000 dollars would investment of 75,000 dollars be sufficient?
Mr. Lee answers:
The proportionality test matches the amount invested against the total value of the particular enterprise in question or the amount normally considered necessary to establish a viable enterprise of the nature contemplated. Your question is confusing as the amount is either $130,000 or $1,300,000. If the former, the $75,000 would likely meet the first leg of the proportionality test as it is over half of the value of the enterprise. If the latter, it would most likely not. I note, however, that $75,000 is generally considered a very light amount where investment visas are concerned, and the enterprise may be seen as marginal which is a ground to deny an E-2 investment application.
Q&A 4.
Will I be Able to Get my Fiancé into the US?
I am a permanent resident of the USA but a while ago a lawyer told me that I cannot become a citizen because of how I got my permanent residency. My mother's sister, which is a citizen, got my mother into the US and got her a green card. I am planning on marrying my fiancé, a UK citizen, and bringing him over in the near future but I am not sure if this is possible because of the circumstances regarding my status as a permanent resident. Will I be able to petition for his green card in the future? If so, how long would that approximately take until he could move over?
Mr. Lee answers:
I suggest having a long talk with the lawyer who gave you this advice or sitting down for a consultation with another attorney and making him or her aware of all the facts in your situation. From your question, I cannot divine the particulars of why the lawyer informed you that you could not become a citizen. By the same token, I cannot discount the concern. Without applying for citizenship, you could possibly marry your fiancé either here or overseas, and petition for him under the F-2A category for spouses of permanent residence. The process will probably take approximately 2 years. That is of course assuming that your green card is valid and belongs to you.
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