Published on Lawyers.com and the Epoch Times on August 23, 2013

Q & A 1. 2. 3. 4.

Q&A 1.

Business Partner is Illegal

We open a business and I found out she is illegal in this country.  I don't thrust her anymore and I want advise how this can affect me in the future.

Mr. Lee answers:

Although your business partner is illegal, many people who are illegal run businesses, and you are not as far as I know in a state that is attempting to impose penalties additional to those of the federal government. If the type of business that you are doing is legal and aboveboard, federal penalties could possibly be only in the form of fines on the company for hiring an undocumented worker. That in itself could be a questionable penalty here since a business partner is not technically a hired employee, although U.S.C.I.S. has answered in a FAQ that while a self-employed person does not need to complete an I-9, a person who is an employee of a separate business entity like a corporation or partnership must still fill one out.

Q&A 2.

Can I Apply for Removal of Conditions of My Green Card if I'm Divorced from My USC Petitioner After 1 and a Half Year of Marriage?

I came to the US on a K-1 visa, got married to my USC petitioner one and a half year ago. I have a conditional green card. My husband keeps whatever belonging to him his, and shares the very few things I have with me. Whenever I suggest that he share his things with me he threatens divorce. That, together with many other problems, leads us to a divorce. The documents I have to prove the bonafide marriage are limited to: joint bank account statements (he doesn't deposit his money into it, but both he and I write checks to pay the utility bills), joint tax return, joint health insurance, utility bills with both of our names on them, letters, cards to either or both of us showing same address, pictures of us together.

Mr. Lee answers:

It is difficult to make a judgment as to whether your I-751 case will be successful when it is presented as a bona fide marriage at inception and ended by divorce. You appear to have many of the essentials for such a case, but without looking at the quantity and quality of the evidence, no one can give you an accurate assessment. Other items which might be considered by U.S.C.I.S. would be your affidavit describing all the events that occurred, accounts of your family, his family, friends and neighbors, and any other evidence of a bona fide relationship such as trips taken together, etc.

Q&A 3.

I-131

Does a permanent resident need an I-131 if going out of the US for an extended period of time, ie: over a year. Still maintaining a home, bank accounts etc in the US.

Mr. Lee answers:

A permanent residence card at maximum by itself only allows an absence out of the US for less than one year. If you will be out of the US for over a year, you must apply for a reentry permit on form I-131 while you are in the United States. Maintenance of a home and bank accounts will not preserve your permanent residence where you have left the US for a year or more without a reentry permit. I note that CBP may in its discretion still allow you to enter the States after a year with a waiver, but most green card holders would rather not be put at the mercy of an immigration inspector. In addition, please note that while less than a year is the maximum period allowed outside the United States for one trip with only a green card, CBP can still question whether an individual has abandoned LPR status where he or she has stayed out of the US for six months or more. This is more of a risk where the green card holder has a discernible pattern of doing such.

Q&A 4.

Voting & Citizenship?

Can someone who is a permanent resident was ill advised and voted in 2002 apply for citizenship without getting into trouble.

Mr. Lee answers:

An individual who has voted illegally, even 10 years ago, is ineligible for citizenship and subject to removal without waiver. U.S.C.I.S. notes that if the election law, however, penalizes the act of voting only upon an additional finding that the individual acted knowingly or willfully, adjudicating officers cannot conclude that an applicant voted unlawfully until they assess the circumstances surrounding the voting, the applicant’s credibility, and the documentary evidence. Factors that officers should look at are how, when, and where the applicant registered to vote and/or voted; the extent of the applicant’s knowledge of the election laws; whether the applicant received any instructions or was questioned verbally about his or her eligibility to vote; who provided the applicant with information about election laws or his or her eligibility to vote; whether the election registration form and/or voting ballot contains a specific question asking if the applicant is a U. S. citizen, or requires the applicant to declare under penalty of perjury that he or she is a U. S. citizen, or requires the applicant to be qualified to vote and lists specifically the requirement of U. S. citizenship elsewhere on the form.

Copyright © 2003-2013 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.