Published on Lawyers.com and the Epoch Times on January 17, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
My Name Was Wrong in my Country Passport and I Have Corrected in USA. I Applied for Permanent Residence (I-751).
I have visited immigration office two times and they told me to fill form as my new passport. I filled form as officer told me and I received letters from immigration office with my correct name. I want to travel to other country in January but I didn't receive my new green card. My question is it will be ok to travel other country (immigration office send me a letter with that you can travel) or I will wait for my new green card?
Mr. Lee answers:
Your concern appears to be that while your passport and letters from the immigration office have the correct name, the old name is on your present green card. If there are only one or two letters which are wrong in the name, you would probably have no problem in reentering the country with the passport and other documentation. If the name is significantly different, you may wish to wait until you receive your new green card to travel in and out of the country.
Q&A 2.
Canadian Citizen with F1 Student Visa, on OPT Now With Work Visa. Visa Ends July 2014. What Are My Options to Stay in the US and Work After Visa Ends?
I am a 26 year old Canadian Citizen working as an Account Coordinator for a digital advertising agency and would like to remain working in the United States (Los Angeles, California) after July 2014. I came in September 2013 to study at UCLA Extension in the International Trade and Commerce program. I started OPT and this position as soon as the start date of OPT began in July 2013. I believe there is the option of sponsorship, which I am unaware if whether or not this company will sponsor me. What companies are more willing to sponsor? For what kinds of positions? Other than sponsorship, what other options do I have? Please let me know what my best options are.
Mr. Lee answers:
In looking at the UCLA extension programs, the school's FAQ's state that the courses can be taken by individuals with college degrees or those without. It does not appear that the program yields a degree. If you already have a related degree at the bachelors or Masters level in accounting or management, you may qualify under the TN visa as an accountant or management consultant if there is an organization requiring those services. Other than through sponsorship, the options are usually continuing F-1 schooling in a degree program requesting OPT or CPT, immigrating through family sponsorship, or seeking nonimmigrant or immigrant status through investment.
Q&A 3.
Does my Fiancée Who is Here on a Student Visa at the Moment, Need to Apply for Any Type of Residency Before We Get Married.
She recently applied for political asylum as well, does that make things more difficult?
Mr. Lee answers:
A F-1 student who marries a US citizen or permanent resident is normally able to apply for immigration after he or she is married. The student would have to wait longer if married to a permanent resident as there is a small backlog which is not there when the marriage is to a US citizen. (In the month of November 2013, visa availability is open for those who filed I-130 relative petitions before September 8, 2013). Your fiancée's having applied for political asylum may complicate matters dependent upon the present status of that matter. If she has been in legal status and only submitted an application to one of the regional centers of U.S.C.I.S., she could request withdrawal of that application. If she has already had an interview and her case was referred to the immigration court under a notice to appear, the case would become more complicated and she would have to file her green card case based on marriage before the immigration court unless the court remanded her matter back to U.S.C.I.S.
Q&A 4.
How Can I Invite A Friend I Have Not Seen In 5 Years On A Short Visit?
Mr. Lee answers:
You can invite the friend for a short visit by writing a letter of invitation if he or she is required to obtain a visa to come to the States. You can also fill out an I-134 affidavit of support form with attachments such as recent job letter, bank letter, and last year's tax return to ensure the consular officer that he or she will be able to visit without falling into distress.
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