Published on Lawyers.com and the Epoch Times on April 22, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
I'm 18 and I Plan on Getting Married with My 21 Years Old Boyfriend
He is illegal and I am a citizen. Can my mother do anything to stop the marriage?
Mr. Lee answers:
If you are already the age of consent at 18, there does not appear to be anything that your mother can do to stop the marriage legally. Of course, she can threaten to report your boyfriend to ICE, but he would not be a high priority unless he has other unfavorable factors since there are approximately 11,000,000 undocumented individuals in this country.
Q&A 2.
What Happens If A Non-immigrant Requests an Extension, But Doesn't Receive a Reply Before the Requested Extension Date?
Is a non-immigrant considered legal if they applied for an I-539 extension of same status (B-1/2) prior to expiration of their I-94? What if they have not received a reply before the NEW status expiration date requested? Can they continue to stay even beyond the requested extension date? For example, the original i-94 expires on 2/28. I-539 filed on 2/1, requesting an extension through 3/31. The filing was acknowledged, but is still in process. Can the person stay even after 3/31? Should they file an additional i-539?
Mr. Lee answers:
In the situation in which you describe having requested an extension and not receiving a decision before the date requested has passed, it is a good idea to file an additional I-539 asking for a further period of extension and documenting the reasons for the request. The question of whether someone can stay after the requested date has passed without doing anything further is murky, but the better practice is to request the further extension if you intend to stay.
Q&A 3.
Where Can I Go to Find Out If a Person Was Deported?
My dad was detained when he was trying to cross illegally. He does not know if he was deported? Where can I find out?
Mr. Lee answers:
Although imperfect sometimes, your father can apply for his records under the freedom of information act. He can send requests to both U.S.C.I.S. and CBP. He can send an FOIA request to U.S.C.I.S. with a G- 639 freedom of information/privacy act request and proper identification to
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee’s Summit, MO 64064-8010
CBP prefers FOIA requests electronically at https://foiaonline.regulations.gov/foia/action/public/home
Your father can then create an FOIA online account and simply follow the prompts to make an FOIA request.
Q&A 4.
Can Dependent of An A-2 Visa Work?
My friend is 24 years old and is a dependent of his father who is an A-2 visa holder who works for the embassy of Algeria. We talked to a man who works for the USCIS and he told us that my friend is eligible to apply and he will get approved. Is he eligible to work and apply for an I-566 and an I-765 form? Will he be approved? Does my friend have a better or other option to be able to stay and work in the United States without having to marry a citizen?
Mr. Lee answers:
Your friend can only be approved for employment authorization as the dependent of an A-2 under the circumstances where he would be an unmarried son under the age of 25 who is in full-time attendance as a student at a postsecondary educational institution and there must be a formal bilateral employment agreement permitting employment in the U. S. that was signed prior to November 21, 1988 and the bilateral employment agreement did not specify 23 as the maximum age for employment of such unmarried sons and daughters. Your friend can check with the office of protocol of the Department of State to determine whether the U. S. has such a bilateral employment agreement with Algeria. For his other options, he should consult with a knowledgeable immigration attorney.
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