Published on Lawyers.com and the Epoch Times on June 24, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
How Long Will the I-130 Take for My Daughter?
I'm a lawful permanent resident of the US, if I filled a form I-130 for my daughter, how long would we wait to have a visa?
Mr. Lee answers:
The answer depends upon whether your daughter is over or under the age of 21 – and if under, how much under. If under the age of 21, you would be petitioning for her under the F-2A category for unmarried children under the age of 21, and the waiting time would be approximately 2 years. If over the age of 21, you would be petitioning for her under the F-2B category for unmarried children over the age of 21, and the waiting time would be approximately 7 years. Also if the child is close to the age of 21 and the priority date is not reached by the day that she turns 21, she would generally have to wait 7 years to obtain the immigrant visa instead of the lesser years under the F-2A category unless she can continue to be recognized as a child under the counting rules of the Child Status Protection Act (CSPA) which take into account factors such as date of visa availability, how long the petition pended, and the age of the child.
Q&A 2.
Naturalization
I have a question for my brother. He has been permanent resident for 6 years, but one thing bothers him for naturalization. 6 yrs ago when with his former employer, his female subordinate complained to the company for sexual harassment. My brother admitted he sent two dirty jokes. Also during their business trip, that girl went into his room and watched TV for 2 hours. That girl complained in the room he had sexual requirement to her. The only evidence was a text she sent to a friend "My manager wanted to rape me during trip." But she admitted that there was no any psychical touch. My brother denied by saying it was a set up, because the 2nd day she went to his room again for 2 hrs, It doesn't make sense if something happened already the day before. She complained to company 3 months after that trip and right after that day my brother blamed her poor performance. Company politically forced him to sign a remedy letter. There is no any arrest or court. The company may still have that letter. Will this affect him?
Mr. Lee answers:
U.S.C.I.S. is concerned with arrests and convictions in naturalization proceedings – not with private reports or civil suits that are the subject of dispute and he said/she said squabbles. I note, however, that part 11, item 22 on form N-400 Application for Naturalization asks the question of whether an individual has ever committed, assisted in committing, or attempted to commit, a crime or offense for which he or she was not arrested - and if a person admitted such, that admission could affect the citizenship application. In your brother's case, however, the incidents might be overlooked even if admitted as the events occurred over 5 years ago, there was no touching, and the period required for good moral character (5 years) has already passed since the incidents.
Q&A 3.
Being Charged for Copies of My File by My Previous Lawyer
My previous lawyers never gave me copies of my case. I need the copies now and they are charging me for the copies. Is this legal?
Mr. Lee answers:
Being charged for copies is not the worst fate of a person asking for copies of his or her case. At the risk of appearing callous, we have heard of many situations throughout the years in which consulting companies, other non-lawyers, and even lawyers refuse to give copies of the case whatsoever.
Q&A 4.
My Lawyer Withdrew Me From Green Card
I applied for a green card with a lawyer just to make sure everything is ok...after I have given my fingerprint suddenly I receive a letter from immigration stating that I asked to withdraw my application...my lawyer says he is sorry and another client asked that from him and he mistaked me for him....now I have to apply from beginning and pay another immigration fees and wait another 6 months.
Mr. Lee answers:
Luckily in your case, it appears from your question that the only thing that you have lost from your lawyer mistakenly withdrawing your green card application is the loss of 6 months and paying another immigration fee. I am surprised, however, that the lawyer is not volunteering to pay your filing fees to Immigration since he made the mistake.
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