Published on Lawyers.com and the Epoch Times on November 8, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
Permanent Resident Filed I-130 for Husband Who Entered the USA Having B-2 Visa. Petition Has Been Approved in February 1 2013. What Should I Do?
His visa was expired 02.11.2013. We get married in October 2012. He stays in USA because I had medical problem: miscarriage. Now I am pregnant again (21 weeks) but I have toxicoses and he continues to stay in USA. Should I fill out I-485, I-765, and I-864 with local USCIS?
Mr. Lee answers:
If your husband's B-2 status has truly expired, he would generally not be eligible for adjustment of status through form I-485. I assume that when you speak of his visa expiring, you are referring to his status in the states and not just to the visa in his passport. The Department of Homeland Security controls an individual's period of stay in the US. The visa in the passport issued by the Department of State only regulates the period of time during which an individual can enter the country. But if his status expired on February 11, 2013, he would not be eligible to adjust status unless you became a US citizen. By the same token, he would already have remained in the States for over 180 days, which would subject him to a three-year bar on return if he left the US at this time.
Q&A 2.
My I-20 is Expired. Can I Apply for Visitor Visa?
I just graduated with an MBA. My i20is expired now but my student visa is still valid. My OPT was denied. Can I apply for a visitor's visa so I can stay legally?
Mr. Lee answers:
F-1 student status has 60 days grace period under which you are considered legal in the country. During that period of time, you can apply for a change of status. If you wish to apply for visitor visa status, you would fill out form I-539 with appropriate fee and assurances that you will leave the US at the end of your requested period of stay.
Q&A 3.
If You Are Being Petitioned Through Marriage, Do You Have to Leave the Country?
If one has some form of legal status acquired from deferred action, do you still have to leave the country to petition for a green card through marriage? Or will you be able to go through the process without leaving?
Mr. Lee answers:
If you entered without inspection, having deferred action does not mean that you are considered to have legally entered the country which is a requisite for adjustment of status to permanent residence without leaving the US. I note, however, that the award of DACA confers eligibility for advance parole for humanitarian, business, or schooling purposes. Although there has been no official announcement on the effect of a DACA granted advanced parole, return via advanced parole is usually seen as allowing eligibility for adjustment of status if there is a basis for such, eg- marriage to a US citizen.
Q&A 4.
What Steps Would I Need to Take in Order to Bring My Girlfriend From the Philippines to Live with Me in the States?
We do plan on being married but not for a couple years at least but we have agreed and are willing to make an exception if necessary so a fiancée visa is a last resort.
Mr. Lee answers:
As there are no particulars to your girlfriend's background, it is impossible to state whether a fiancée visa is the last resort. There are other types of nonimmigrant and immigrant visas available if your girlfriend qualifies. There are visas like F-1 student, H-1B worker with specialized knowledge, etc., in the nonimmigrant categories and in the immigrant categories, visas such as EB-5 immigrant investor, EB-2 advanced degree or exceptional ability individuals, and EB-3 professional workers or those requiring two years of experience to do the offered jobs.
|
