Published on Lawyers.com and the Epoch Times on January 3, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
Will An Alien Under H4 or TD Visa be Allowed to Start Up and Operate a Business in the U.S.?
Mr. Lee answers:
A dependent under H-4 or TD visa may be allowed to start up a business in the sense of forming the proper paperwork under which the business will operate and hire its employees, but is not allowed to actually work in the business.
Q&A 2.
Am I Eligible to Apply for Naturalization Having Been Out of the Country for More Than a Year?
I have been a permanent resident since December 2008. I went back to my home country March 2011 to finish college and came back July 2012. I have applied for a reentry permit and have every intentions of coming back. Kept all family ties and bills and paid taxes.
Mr. Lee answers:
I note that you applied for reentry permit, had every intention of coming back, kept all your family ties and bills and paid your taxes. However, staying outside the US for over one year breaks the period of continuous residence for purposes of naturalization. You would have to start a new period of residence beginning in July 2012. You would then be eligible to file for naturalization four years and one day from the date of your return assuming that you do not take further extended trips out of the country.
Q&A 3.
Over Stay My Visa
Been here for 23 years.
Mr. Lee answers:
If you have overstayed your visa and been here for 23 years, you may wish to consult with an immigration lawyer to see what your options are at this point. You can also wait to see what will happen with the comprehensive immigration reform legislation which is presently blocked in the House of Representatives. The Senate bill, S .744, which was passed would begin you on the road to residence status if the House agreed to it.
Q&A 4.
I (Husband) Cannot go to Interview for my Wife’s Green Card Because I Am Graduating From AIT (Army) the Same Day. Can My Wife Go Alone for Interview?
I am currently doing AIT in Virginia and my wife is leaving in Baltimore. I am an active US army.
Mr. Lee answers:
Your wife can either obtain an extension of time for interview or go into the district office on the date and explain the situation to an immigration examiner. The examiner will then have the option of either conducting a full interview and making a decision or pend the case until you can also be interviewed with your wife.
|
