Published on Lawyers.com and the Epoch Times on February 21, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
I have Employment I-485(derivative) and Marriage Based I-485s
I have Employment I-485(derivative) which is pending -- main applicant got GC and applied marriage based I-485 is now scheduled for interview. What should I do if officer cannot approve saying that another application is pending? What are the options?
Mr. Lee answers:
When a person has two I-485 applications pending, the hope is that the U.S.C.I.S. field office will have both in the file at the time of interview. If the officer does not approve the marriage-based I-485 based on the pending employment-based I-485, you will have to wait until the officer is able to obtain the other file before your case can be finally adjudicated. You can attempt to notify the field office by letter ahead of time that you have the other case pending and where it presently is at, but there is no guarantee that it will be in the file at the time of interview. Unfortunately such could delay an adjudication by months.
Q&A 2.
H4 to L1 Status
Currently I am on H4 and my Indian company is ready to sponsor me L1.
1. Is it possible to change from H4 to L1?
2. Do I need to go back to India for stamping to get L1 effected?
3. What are the chances of getting L1 even if I am in USA?
Mr. Lee answers:
It is possible to change from H-4 to L-1 status as long as you are qualified. General qualifications are that the company in the US and the company overseas are affiliates or subsidiaries, that the applicant has worked in the overseas company for one out of the past three years, and that the applicant has served in and will serve in the US in a managerial, executive, or specialized knowledge role. As long as you are maintaining H-4 status, you would be allowed to change status without having to leave the US so long as U.S.C.I.S. approved the merits of your L-1 petition.
Q&A 3.
Is There a 'Gray Area' When It Comes to U.S. Marriage Fraud?
Can the USCIS determine that a marriage between a US citizen and foreigner is not fit for a green card/residency, yet not typically fraudulent enough to be prosecuted? For example, a couple has been dating for a year. One is a foreigner attending school, the other is a US citizen. They date sincerely for an extended period of time. When the foreigner's student visa expires, the two decide to marry to continue the relationship. The visa issues have influenced the decision to marry at that point in time, but the relationship is sincere and on a track such that it would likely evolve to marriage anyway. This seems hardly "fraudulent", especially when contrasted with, say, an anonymous Russian paying 10k to marry a poor US stranger.
Mr. Lee answers:
People doing people favors by marrying them to keep them from leaving the country is not a gray area and where there is no bona fide marital relationship, the cases constitute marriage fraud. In your case, you postulate the couple not being as bad as an anonymous Russian paying $10,000 to marry a poor US stranger and interject that the relationship that you are espousing is sincere and on a track such that it would likely evolve to marriage anyway. If that is the case, let your couple do it the correct way, get married, and live together as a regular married couple. Then you would not have to try so hard to justify their intended actions.
Q&A 4.
I Was Married to an American and Got Green Card But Was Deported Because She Claimed that I Beat Her. I Was Detained Awaiting Deportation.
I told the judge to deport me as I had just had enough of being locked up and being treated like a criminal. I was eventually deported in 2000.I have done my 10 yrs outside the US. How can I come back.
Mr. Lee answers:
You should have an attorney first go through your criminal history including examining the record of conviction or your plea to determine whether you are permanently barred from coming back to the country. Under present law, a domestic violence conviction is a permanent bar. The lawyer would have to check whether the conviction truly involves violence and exactly what is involved in the state statute.
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