Published on the World Journal Weekly on December 2, 2018

Q&A 1

Planning for Next Year's H-1B Selection in April, Please Advice.

I will need to have an H-1B visa as I recently graduated and have optional practical training (OPT) until July 20, 2019. I am not in a STEM major and will not get extra practical training. I have a Masters in Asian studies and a bachelors in biochemistry. I am interested in working for a US company that does import and selling of textile clothing from Asia. Am I a good candidate for an H-1B from this company?

Dear reader,

I do not believe so based upon your degrees and the your general description of the business of the company. An H-1B is a specialized occupation visa under which the position offered by the company must require a degree that you have. Unless there is more, I do not see how a biochemistry or Asian studies degree would be a requirement for any position that this type of company might have. Unless there is something that is more unique about this company, I suggest that you look for another organization with need for the knowledge that you acquired in your schooling.

Q&A 2 

Is It Safe for Me to Go To l-130 Interview As I Have Order of Removal?

I have an order of removal from 2005 and am married to a US citizen and we filed the I-130 petition to prove that the marriage is real and to start the process of my I-212 waiver of removal and I-601A waiver of my 10 year bar for being in the US illegally. We are being scheduled for an I-130 interview at U.S.C.I.S. in December. Should we go or should we not? My lawyer says that the choice is up to us.

Dear reader,

Unfortunately lawyers cannot give definitive answers in this situation. Under the Trump administration, there are reports of individuals going to I-130 interviews in your situation and being detained and ultimately deported by Immigration. At the interview, three things can occur – you could have an uneventful interview and you and the spouse go home afterwards, or you could be picked up by ICE and allowed to leave with your wife after processing with an order of supervision, or you could be picked up by ICE and detained while ICE attempts to put you on an airplane back to your home country. You will have to weigh the risk against the idea that the I-130 petition will be denied if you do not attend the interview and you will lose any chance now to regularize your status.

Q&A 3 

How Can I Provide a Medical Certificate of Birth If I Do Not Have One?

I am from China, born in 1980, and I am applying for adjustment of status based upon my marriage to a US citizen. We just received a request for evidence that I provide a medical certificate of birth. How am I to answer that since I do not have a medical certificate of birth? I provided a notarial certificate of birth.

Dear reader,

U.S.C.I.S. generally goes by the Foreign Affairs Manual of the Department of State which indicates which documents are available and the most reliable from each country. For China, it indicates that the best evidence is a notarial certificate of birth along with a medical certificate of birth. However, it also notes that the medical certificate of birth only became widely available starting in 1996. In addition, many births in China were not done in the hospital, and so even with births after 1996, many people do not have medical certificates of birth. I suggest that you or your legal representative point out that medical certificates of birth were generally not issued at the time that you were born in 1981. If you were not born in a hospital, you can also state that. You can also obtain statements from your parents confirming the reason why you do not have a medical certificate of birth.

Q&A 4 

My I-485 Adjustment Status Application Has Been Pending For Two Years – What Can I Do?

I received my political asylum in 2015 through religion, filed for my adjustment of status one year later through form I-485, got the receipt, took fingerprints, but have heard nothing else for over two years. I and my lawyer have tried to track my case over the past year without success. What can I do?

Dear reader,

I assume that you and your lawyer have gone through numerous conversations with the National Customer Service Center of U.S.C.I.S. and perhaps a number of infopasses at the local immigration office without success. At this point, you can attempt to involve your local congressman or senator to see whether he or she can help to move your case. Failing that, you may consider launching suit against U.S.C.I.S. in federal court. However, please be aware that suing in federal court does not mean that you will win your case. If there are factors in your case that might be negative, a suit may bring about higher scrutiny and ultimately a fast denial of the I-485 application.

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.