Published on Lawyers.com and the Epoch Times on February 17, 2017
Q & A.
Will My EAD on H-4 Visa Get Approved If My Husband's Employer Has Withdrawn His H-1B Petition?
My husband lost job on 15th July and got the I-140 approval on the 18th September filed through the same employer who had got his H-1B approved. However, they had withdrawn his H-1B petition and it had got revoked on the 23rd of September. Can I still file my EAD card since we have his I140 approval?
Mr. Lee answers:
The H-4 EAD is dependent upon your husband maintaining his H-1B status. As a dependent, you cannot exercise more rights than your husband. The energies of both you and your husband should be more on his finding another H-1B position as soon as possible and having that employer petition for a new H-1B.
Can Illegal Alien Register for the Selective Service and Get Citizenship?
Undocumented immigrant or illegal alien entering without inspection (EWI) register for the selective service, can he get his citizenship?
Mr. Lee answers:
At this time, the Armed Forces of the US screen applicants and generally will not allow undocumented immigrants to join the branches. Those should do manage to slip in many times have difficult times in citizenship applications because of the prevarications used in entering the Service branch. The case law is divided on the naturalization eligibility of people who served honorably in violation of the enlistment provisions, and suggests that citizenship may be granted where the wrongful enlistment was innocent as opposed to fraudulent. However, please note that everyone who is not a nonimmigrant including undocumented immigrants is obligated to register for selective service. It seems strange having to register for service that a person will never get a chance to perform, but that is the law of the country. It may be that the US will be less selective if there is a serious war and will require the services of undocumented immigrants at that time.
Criteria for English Test Exemption
My mom has been permanent resident for 12 years, and she is 76 year old. If she applies for Citizenship, can she be waived for English test?
Mr. Lee answers:
Your mother unfortunately cannot be waived for the English test as that is only available for persons who have held the green card for 15 years and are 55 years of age or 50 years and held the green card for 20 years.
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