Published on Lawyers.com and the Epoch Times on February 28, 2014
Q & A 1. 2. 3. 4.
Q&A 1.
Will Entering US on a B-1 (business) visa with prior I-485 Pending Cause Problems at Port of Entry?
I was in US on H-1B and my employer had filed EB3 based petition for which I-140 was approved and I-485 was pending since 2007. I resigned from my job last year and returned back to my home country to work for another company. When I left I had a valid advanced parole and EAD both of which have expired now. I recently got B-1 visa stamped at US consulate to travel for meetings at my current company's HQ. Will the I-485 which was abandoned (case status still shows application accepted state) cause problems when I enter on business visa? I am planning to visit for 2-3 weeks.
Mr. Lee answers:
Hopefully you will not have a problem with Customs and Border Protection when you enter the US. You have already exhibited immigrant intent, which is generally contrary to the intent required for entry under a B-1 visa. On the other hand, the CBP inspector would likely admit you if he or she is convinced that your stay will be temporary. The fact that you have a new B-1 visa and that you did not go through with your immigration previously would be good points in your favor. I suggest that you carry any materials with you which would show that you have a temporary purpose for coming to the country.
Q&A 2.
What Would My Son Have to Prove that His Ex-wife Only Married Him to Obtain Green Card and US Citizenship.
The ex lied to immigration lawyers to stay in US. As soon as she got her green card and then US citizenship she filed for a divorce. There are two minor children, which she also lied to Russian immigration about. She used her parents address in Russia claiming the children lived there as well to obtain Russian passports. They also have US passports. They were born in US and live here permanently.
Mr. Lee answers:
It might be almost impossible for your son to prove that his ex-wife only married him to obtain the green card and US citizenship when they already have two minor children. What the ex-wife does with Russian immigration would seemingly have nothing to do with US immigration.
Q&A 3.
How can I Figure Out What My Status of Entry Is If I was Brought to the United States Illegally as a Baby?
I’m applying for deferred action plan and that’s the last part of the application I am still unsure of.
Mr. Lee answers:
In your deferred action application, you are allowed to answer "NLS" which means no legal status. That term now appears to be the one of preference to DACA filers.
Q&A 4.
How Can I Obtain a Federal Pardon in Order to Return to the U.S. After Being Deported?
I was deported for an aggravated felony, given a 10yr. ban. I'm married to a U.S.citizen and all of my family lives in the states. I lived in the U.S. for 23yrs. of my 33yrs. of life.
Mr. Lee answers:
For a person deported with an aggravated felony, return to the US is extremely difficult if not impossible. If you obtain a pardon, you may of course under a petition by your wife, but all politicians are very wary of using powers to pardon which could damage them politically. Generally pardon requests are made to the president or to state governors. Each state has its own procedures for dealing with individuals requesting pardons. The ex-governor of New York, David Paterson, strongly believed in helping permanent residents who were at risk of deportation because of long-ago or minor convictions and pardoned a number of individuals for old crimes. The law provides that a full and unconditional pardon by the president, governor of the state, or constitutionally recognized executive body prevents deportation for crimes of moral turpitude, including aggravated felonies. A pardon request to the president can be made to the Office of the Pardon Attorney, 1425 New York Ave. NW., Suite 11000, Washington DC 20530.
|
