Published on Lawyers.com and the Epoch Times on October 11, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
When I Start the Petition for a K1 Visa for my Fiancé Will She Still be Able to Come Visit Me While It Is Being Processed?
My fiancé lives in Canada and we are planning on starting the petition for her to get the k1 visa. We have heard that once we begin this process she will not be able to visit the United States. Right now we just visit each other a few days at a time. We understand that this petition takes time and it is currently easier for her to come here to visit than it is for me to go there. We were told that by her visiting here it would be considered some type of fraud.
Mr. Lee answers:
The question will be whether your fiancée still intends to only visit a few days at a time while the K-1 fiancée process is going forward. If such is the case and she is able to convince the Customs and Border Protection inspector of her intentions, she would be allowed to enter the US as a visitor. If she intends to stay with you in the States until the interview at the American Consulate is scheduled, she may be accused of having abused her visiting status and encounter problems. The best solution of course is for you to go and visit her, thereby assuring that she will not have a US immigration problem insofar as her visits to the US are concerned.
Q&A 2.
Will I Get Denied for Green Card Renewal If I've Invited My Mother to the USA and She Stayed Here With Expired Visa?
I was wondering if I will have any trouble extending my green card after I sent an invitation to my mom and she came to the USA with 6 month visa but didn’t leave and now lives as undocumented immigrant??? Will it harm me?
Mr. Lee answers:
Your inviting your mother to the US and her staying with an expired visa has no relevance to your ability to renew your green card. Green card renewal is more concerned with whether you have committed crimes, but the main purpose for which U.S.C.I.S. requests green card renewals is to maintain the security of the cards. Over time, counterfeiters have been able to duplicate many of the features of the green cards, and so the agency has placed time limits on cards that it now issues and puts in a number of new security features periodically.
Q&A 3.
Am I Still Eligible For J1 Visa After Given A Favorable Recommendation For A Year Home Residence Requirement?
I obtained my J1 Visa in 2002 then I applied for a waiver few months before my visa ended. I was given a favorable recommendation for my waiver in September 2005, two months after the duration of my status. I called up the embassy just to realize I was already out status then I decided to come home without the final determination of the USCIS. Now, I'm planning to apply again for a J1 visa. Am I still eligible?
Mr. Lee answers:
You remain eligible to apply for another J-1 visa and that would be either approved or denied in the discretion of the American consular officer. At the interview, you may be questioned concerning what occurred with the previous J-1 visa and whether you overstayed. But neither obtaining a favorable recommendation to waive the two-year home residence requirement nor overstaying a J visa is an automatic bar against being issued another J-1 visa.
Q&A 4.
When Can I Leave the Country After I Get My Non-immigrant Visa?
Mr. Lee answers:
Generally speaking, if you obtained a B1 or B2 business or a visitors visa, you should be able to leave your home country as soon as you obtain your nonimmigrant visa as long as you have satisfied the exit requirements of your country. However, some visas like F1 student or H-1B specialized worker have restrictions on how soon in advance of study or work you can enter the country. If by some chance you were inexact in your question, and actually meant when could you leave the US after obtaining a change of status, you can leave immediately.
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