Published on Lawyers.com and the Epoch Times on November 15, 2013
Q & A 1. 2. 3. 4.
Q&A 1.
Waiting for Green Card Long Time for No Reason
I approved asylum granted on 2008 then I applied for green card I-485 on 2009. Until this moment didn't receive it ! Notes: I picked a lot lawyers to do anything but NOTHING happened most the answers just wait ..check back ...NO seriously answer I got Any help or advice will be appreciated!
Mr. Lee answers:
U.S.C.I.S. may have concerns with either security, questions of crime or fraud, or other types of concerns. If you or your lawyers have been diligently pursuing your case and not getting results, you may consider suing the agency in federal court. Kindly note that suing does not ensure that you will receive your permanent residence. It generally means that the agency will be motivated to make a decision in your case. If there are problems in your case which are major, a suit in federal court may speed up a denial. That being said, a suit could quite possibly be your answer if you have no significant negatives.
Q&A 2.
If Someone was Deported from USA as He Overstayed a Tourist Visa and Was Deported Later From US More Than 10 Years Ago.
He is a qualified skilled.
Mr. Lee answers:
A person who is deported from the US is not allowed to return for 10 years. As long as fraud or crime was not involved, that would generally be the only penalty. If the individual later attempts to enter the US on a nonimmigrant visa, the American consular officer would decide in his or her discretion whether to give the visa. Balanced against the unfavorable factor of past disregard for US immigration laws would be the ties and bonds of the individual to the home country and the reason for coming to the States.
Q&A 3.
I am a Citizen of United States. I Want to Apply for My Parent to Come to US. Is It Possible to Do It Without Sponsoring Them, Can They Show Money?
Can my parents show some amount on their accounts to show that they can live with that money in US. Or it should be done with sponsor?
Mr. Lee answers:
If your parents are coming to visit, you do not have to sponsor for them to obtain nonimmigrant visas and they would be able to show the amount on their accounts in their application for visiting visas. If you intend for them to immigrate, you would have to sign I-864 affidavit of support papers on their behalf. If your parents have a substantial sum of money, you could enter their assets on your affidavit of support form to satisfy the support requirement. Assets are counted at 1/5 the value of regular income to meet the poverty guidelines. In the event that your affidavit of support is insufficient even with the addition of your parents' bank amounts, they may still be allowed to emigrate if you or they are able to locate a credible cosponsor with the wherewithal to take up the financial burden through another I-864 affidavit of support.
Q&A 4.
Legal Name Change After Marriage but No Status Right Now
I got married 3 months ago and would like to change my last name. My immigration lawyer told me this would be a case for a civil lawyer. My paperwork is still with the lawyer (my visa has expired and right now I am without status. I can't apply for a new ID either because of that) So I need to know whether it's possible to take my husband’s last name, even though I am technically in an overstay. ICE already has me on their radar due to a different incident but lifted the hold on me for now. I live in Florida.
Mr. Lee answers:
For immigration purposes, you are allowed to use the last name of your husband and there is no need for you to have a legal name change in a civil court for that to happen. In addition, assuming that you are approved for your residence and apply for US citizenship at the appropriate time, you are allowed a free legal name change upon request at the time of your naturalization.
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