Q & A August 13, 2006

Q & A 1.


Q&A 1.

Reader’s Thought-Out Options Where His F-1 Status May Be Running Out and Mr. Lee’s Comments

Wu Reader Asks:

I came to U.S. in 2001 with F-1 Visa. After graduating from college in 12/04, I continued to study for a master degree. In the graduate school’s I-20, I was granted two years of stay (until Feb 2007). My questions are:

1. I am still working on my master degree and can’t finish it in February. After February, can I continue to stay in the U.S. legally? My passport’s U.S. visa is valid until 2009 with a F-1 visa. Are there any methods in which I can stay in the U.S. legally after February?

2. I met a U.S. citizen family in my freshman year. The whole family treats me very well and their mother wishes for me to stay in the U.S. and adopt me. I am now 24 years old. Can the family adopt me and for me to stay in U.S.?

3. If I marry my U.S. citizen girlfriend, will I be allowed to work legally in the U.S.? What do I need to do?

4. I want to know more about Immigration information, where can I get them?

5. If I open a company in the U.S. and become an entrepreneur, what qualifications do I need to obtain a permanent residence? Is there any other visa can allow me to stay in the U.S.?

Dear reader:

1 If you cannot finish your master's courses by February, you should attempt to extend your I-20 with the school. As long as you are making satisfactory progress towards obtaining your degree, the school will most likely give you a new I-20 form for extension. This is within the jurisdiction of the school and does not involve an application with the U.S.C.I.S.

2 In the U.S., it appears that anyone can adopt anybody - but for immigration purposes, an adoption must be completed before the individual reaches the age of 16 in order to gain any immigration benefits.

3 Marriage to a U.S. citizen would allow you to file for adjustment of status to permanent residence along with requesting an employment authorization from U.S.C.I.S.. The employment authorization application, form I-765, can be filed at the same time as the adjustment of status application. Both would be sent to the U.S.C.I.S.'s lockbox in Chicago, U.S.C.I.S., P.O. Box 805887, Chicago, Ill. 60680-4120 (or for non U.S. Post Office deliveries, U.S.C.I.S., 427 South LaSalle, 3rd floor, Chicago, Ill. 60605-1098.

4 There are many immigration publications available for purchase by the American Immigration Lawyers Association and by the Thompson West and Matthew Bender publishing companies. You may also access immigration statutes and regulations at the public libraries. Many law school libraries also have publications on immigration law. The Immigration Law Daily is available on line (www.ILW.com) and many lawyers including me (www.AlanLeeLaw.com) have their own websites. Finally newspapers like the publication in which you are reading this carry breaking news on immigration along with other immigration-related topics.

5 If the country of which you hold the passport has a treaty of commerce and navigation with the U.S., you may be able to qualify for an "E" investor or treaty trader visa status if you are hired by an organization having the same nationality as you, or if you start your own company. A treaty trader status (E-1) can be given to an individual who will be carrying on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he/she is a national; a treaty investor (E-2) is one who will be developing and directing the operations of an enterprise in which he/she has invested, or of an enterprise in which he/she is actively in the process of investing, a substantial amount of capital.

 

Copyright © 2003-2006 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.