Published on Lawyers.com and the Epoch Times on June 17, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

I'm an Asylee in the US, Is My Chinese Girlfriend Eligible to Petition for a K-1 Fiancée to Join Me in the USA?

I came to the US less than a year ago and my asylum application got approved. However, my Chinese girlfriend is still in China. I intend for her to come to the US so we can get marry and live here. I don't yet have a green card. Can we still apply for a K-1 fiancée visa? if Yes what's the procedure so to ensure it will be successful on a first attempt. I'm not Chinese by the way. 

Mr. Lee answers:

You will not be able to apply for her under a K-1 visa. That is relegated to the fianceés of U. S. citizens. Unless she has some legitimate way to enter and stay in this country, you may consider traveling to China or some other country to marry her and petition for her once you obtain the green card. The waiting time is approximately 2 years under that category at present.

Q&A 2.

Questions About DACA

Could you please clarify a few things about DACA? Here's my case: -Came to the US on a Tourist Visa (Legal entry, Feb 2012). - Stamp was valid until May 2012 -Turned 18 on Oct 2014. -Graduated from High School (And have some extra college credit). -Have a sister who is 21 and has Legal Status. -Clean record -No SSN, only Tax ID requested a couple years before my arrival (2006). According to uscis.gov, I could request for DACA, except to their 3rd requirement on their Guidelines. "Have continuously resided in the United States since June 15, 2007, up to the present time; " Should I risk it anyway? Have you ever worked with someone that was present in U.S. on June 15, 2012 but not since June 15, 2007? My local community college asks for a affidavit saying that I will apply for legal status as soon as I can. Do I need to contact a lawyer to sign the paper as well? In your opinion, should I apply for a HB144 and wait for immigration reform?

Mr. Lee answers:

You should not attempt to apply for DACA as you are clearly not eligible under the present version or even under the proposed expanded version which is in the courts. Under the present version, you must have resided here since June 15, 2007. Under the expanded version, you must have resided physically in the U. S. from January 1, 2010. You should wait for another route or other relief to become available.  Insofar as your local community college requirement is concerned and as you describe the requirement, requesting an affidavit saying that you will apply for legal status as soon as you can appears to be an open promise that incurs no liability as it would incorporate the idea that you would have to be qualified in order to apply. 

Q&A 3.

What is The Last Date to File for Change of Status from B-2 to Permanent Resident?

I am a US citizen. I got married in US on 5/29/15 to my now wife, who had entered US (B2 visa) on 12/22/14. Last date on her I-94 is 6/21/15. Do I have to file for her change of status before 6/21/15 or is she automatically in legal status after marriage?

Mr. Lee answers:

Marriage to a U. S. citizen places the alien in the category of immediate relative, which means that the applicant is able to adjust status to permanent residence even if an overstay. It is always better, of course, to submit papers during the time that an alien is in status. Marriage does not place an alien in automatic legal status.

Q&A 4.

Can I Expedite an Advance Parole After Already Submitting It?

I submitted an Advance Parole packet (Form I-131) and my evidence. I was told at a workshop that you can expedite the case if your day of travel is before 30 days. Reading more information, I noticed that it takes 60-90 days for them to get back. The least is about two months. My date of departure is one month and a half. (August and we are now in June) My question is, if it gets to the end of July and I don't hear back from them, is there a way I can expedite the process?

Mr. Lee answers:

Advance parole applications usually cannot be expedited unless there are emergent circumstances mostly having to do with humanitarian circumstances, e.g. death of immediate family members. Usually an advance parole application will take approximately 90 days to process. U.S.C.I.S. will not expedite just based on the fact that your date of travel is before 30 days. 

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.