Published on Lawyers.com and the Epoch Times on January 20, 2017

Q & A.

What If My Immigration Visa Applicant Is Denied but Children’s Approved?

I applied for me the Applicant and my children but the case status appears Administrative Processing on mine but ready for my children in the NVC. Can they receive their visa without me?

Mr. Lee answers:

The answer depends upon whether the visa applications are separate standalone applications or whether the child is filing under a dependent status. If the first, he or she may be able to receive the visa without you; if the second, he or she must await your result.

Am I Eligible to File My Adjustment Status Form (I-485) Thru My U.S. Citizen Spouse, After My Recent Student Visa Expired?

I have recently become the spouse of the U.S. citizen and wanted to file I-485 form to adjust my status.  Previously, I was on F-1 student visa that has recently expired. Would my student visa expiration cause any difficulties when approving my I-485 form? Do I need to submit any additional forms in addition to I-864 and I-130?

Mr. Lee answers:

Marriage to a U. S. citizen excuses an overstay in the United States. I do not see it causing any difficulties in your immigration case unless you did not ever attend the F-1 schooling. In addition to the I-130, I-485 and I-864 forms, you will both have to submit G-325A biographic data sheets. If you wish employment authorization or advance parole privileges during the time that the case is pending, you would file forms I-765 and I-131. 

Dual Citizenship

I am naturalized U.S. citizen. I am planning to get divorce in U.S. and want to marry a Canadian Citizen.  My question is if I marry to Canadian citizen; do my U.S. citizenship can be terminated? I was born in India.

Mr. Lee answers:

The U. S. and Canada both have the same policy that citizenship in one country does not cause termination of citizenship in the other. In other words, both countries respect the concept of dual citizenship with each other. 

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.