Published on Lawyers.com and the Epoch Times on January 24, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


Will Shoplifting Arrest Experience Affect My Immigration Application?


I WAS ARREST BY SHOPLIFING OF UNDER $500 AND HAD FINISHED MY ONE DAY COMMUNITY SERVICE AND STOPLIFTING STUDY. I WAS TOLD THIS CASE WILL AUTOMATICALLY SEALED IN SIX MONTHS. I AM GOING TO MARRY A AMERICAN AND APPLY FOR IMMIGRATION VISA. WILL IT AFFACT MY APPLICATION? HOW SHOULD I DO IT?

Mr. Lee answers:

If this was your only incident of shoplifting or other crime, it would not bar you from obtaining permanent residence when you marry a US citizen. Although your record may be sealed in six months, you must still inform U.S.C.I.S. (if you are applying for adjustment of status to permanent residence in the country) or American consulate/embassy (if you are applying for an immigrant visa overseas) of the incident.


Q&A 2.

H4 Visa Website Business Doubt

Wanted to know if its legal for my wife (on H4) can act as a middle agent between a Chinese website and people in India. Basically she collects stuff from a Chinese website(origin in china) and sends it across to some people in India as a whole and they redistribute it. Is this process against some legal law w.r.t H4 visa? I am unaware of this so please help.

Mr. Lee answers:

H-4 holders have no authorization to work in the US. That being said, it would appear that your wife is buying from a website based in another country in order to sell to people in a third country, which parties would then compensate her. If the funds will be given to her account in India, there would appear to be no concern. If the funds are to be sent to her in this country, there might be more question as to whether she is earning money illegally. An argument can, however, be made that her work is not illegal as she is self-employed and not taking away a job from a US worker by purchasing goods from a non-US enterprise to ship to enterprises in a third country at which point payment is earned.



Q&A 3.

Will I Get Deported If I Turn Myself In?

I have outstanding warrants for speeding and another for public intoxication. I’m illegal, I’m worried if I turn myself in I’ll get deported.

Mr. Lee answers:

The acts by themselves (speeding and public intoxication) are not deportable offenses, but you've done yourself no favors by not settling them. The current trend in the country for police authorities is moving towards leniency in deciding whether to contact ICE when persons who are not legal have minor incidents with the law. Even where ICE is contacted, it may exercise prosecutorial discretion in whether to detain or not. That being said, no one can guarantee you that you will not be detained by ICE if you turn yourself in on your outstanding warrants. But if you decide to do so, you might consider hiring or at least consulting with a local criminal lawyer who is aware of the practices of the authorities in your area. Also even if detained, you are still entitled to a hearing before the immigration court at which time you can bring up any and all defenses against removal that you have. Further if you have good equities, ICE may decide to exercise prosecutorial discretion and decline further action to remove you from the country.


Q&A 4.

Does Entering the Green Card Lottery Deny a J1 Visa Issuance?

I have studied in the United States for 6 months with a F1 Visa. My courses ended in August and I'm going to do an internship in New York for 6 months starting December (I didn't start the process yet to get the J1 Visa). I entered the Green Card lottery beginning of October. Is it going to affect my new J1 Visa issuance? Can it be denied because I have entered the lottery? If so, how can I withdraw from the Green Card lottery?

Mr. Lee answers:

It is difficult for many individuals to believe that putting in an application for the green card lottery would disqualify you from a nonimmigrant visa. The fact that millions upon millions of individuals put in applications of which only a very small percentage are selected means that most do not consider entering the green card lottery a serious application. There is to my understanding no record-keeping of failed lottery applicants. The non-immigrant visa application form generally asks whether an individual has applied for an immigrant visa petition or immigrant visa. The visa lottery application would seemingly not fit within those categories and so should not affect your new J-1 visa issuance.

 

 

Copyright © 2003-2014 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.

 
   
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