Published on and the Epoch Times on November 16, 2018

Q & A.


How to Add A New Born to a Pending I-130 Petition?

I'm U.S. citizen. My wife's I-130 is pending in NVC now. We just had a newborn baby in India. I have not been "physically present" in US for 5years - because although I have resided in US for 5 years, I have taken 2months trip each year to India. Now, how do I proceed for my newborn baby's case? Can I join him to my wife's petition or do I have to file a new I-130 for him? If a new I-130 is required, what happens if my wife's case finalized before my son's case?

Mr. Lee answers:

As you are a US citizen, you filed a non-quota immediate relative petition for your wife which has no allowance for dependents. Your best action at this point is probably to file an I-130 petition for your newborn baby and the two cases can hopefully be joined together at the NVC or at the US consulate or embassy. This is not an uncommon situation, and you or your attorney can slow down your wife's case in the consular processing stage to allow your newborn baby's case to join up.


US Green Card Holder Imprisoned in Canada. Green Card is Expired And Have Served in Canada. Can He Come Back to US?

I am a Hong Kong citizen with now an expired green card. My family are all U.S. citizens. I have traveled aboard to Canada many years ago, and was wrongfully convicted for a drug related offense. I am nearly finished with my sentence in Canada, and will be deported back to US. I would like know what is going to happen once I am back to U.S.? Would I be allowed to renew my green card, or would I be deported to Hong Kong? Also, would U.S. detente me for a crime which I did not commit in Canada?

Mr. Lee answers:

If you are deported back to the US by Canadian authorities, the US Department of Homeland Security would know and would likely begin proceedings to challenge your right to remain in the US with the green card. Whether or not to detain you would likely be a joint decision of Customs and Border Protection and Immigration and Customs Enforcement.


In USA on B1/B2 Visa, How to Stay Permanently?

Aproved till Feb. 2017. Citizent of Bosnia & Herzegovina. 33 years old, Male, Master degree in agriculture.

Mr. Lee answers:

With a Masters degree in agriculture, a likely way to stay permanently may be through the employment based categories which require sponsorship from a US organization. There may also be other options available. I suggest that you make an appointment with a knowledgeable immigration lawyer who can go over all options with you.




Copyright © 2003-2018 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.


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