Published on Lawyers.com and the Epoch Times on March 14, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


Application to Change Status Got Denied


My application to change of visa status was denied. In a letter I just received was written I should leave US immediately.   What does it exactly mean? How much time I have before I get "ban" for my potential future visit US?

Mr. Lee answers:

When an application for change of visa status is denied, U.S.C.I.S. generally wants the individual to leave within 30 days. If you remain in the US for 180 days after receiving the notice, you would be barred from returning for three years. If you remain for one year or more, you would be barred for 10 years if you attempt to return to the States.


Q&A 2.

We Owe a Lawyer a Lot of Money for our Immigration Case. We are Making Payments but My Wife is Scared the Lawyer is Going to Hold Her Visa.

Can the lawyer really hold her visa?

Mr. Lee answers:

A lawyer is entitled to fair payment for services rendered. In most cases, a lawyer may inform you that he or she is refusing to continue to work on your case until payment is made. If that is what you mean by the lawyer holding the visa, the lawyer may certainly be within his/her rights. If you mean that the lawyer will hold onto your green cards or other US visa documents that would be questionably ethical. I do note that if your case is in the immigration court, an attorney will continue your representation until relieved by the court.



Q&A 3.

Can Someone Work in the US on an Expired Student Visa, If He is in the Middle of His Resident Card Application

My son-in-law is here on a student visa. It expired in July 2013, however he is still legally able to be here because he was still in school finishing his masters. He will graduate next week. He has been offered a job, but his school will not document this new job as required because he is graduating they tell him, he is not allowed to work once he graduates. He also submitted papers for his residence card or work visa, not sue which one in October and still waiting for that process to be completed. Is he allowed to work at all or is he not supposed to work? He is also concerned because if he isn't working he is afraid that his resident visa will be denied

Mr. Lee answers:

As your son-in-law is here on a student visa and has submitted further papers near his graduation, I will assume that he has applied for postgraduate optional practical training under which he can work for one year into his field of study. He is not allowed to work until U.S.C.I.S. has approved the work authorization and issued a work card to that effect. Your son will have to work it out with his employer until then.


Q&A 4.

Can a Submission of An I-129 form (L1a visa) Extend My Stay?

I came in the US and my passport states that I need to leave before the 8th of December. However I just submitted an I-129 form for an L1A visa. My L1A is currently under review. I should get an answer back by the 18th of December. If you were in my shoes, would you still leave to your foreign country before the 8th of December, or would you stay until you get the answer back from the USCIS?

Mr. Lee answers:

If you already have a petition for L-1A with a concurrent request for change of status, you should remain in the country until you receive a decision from U.S.C.I.S.  You are considered in a quasi legal status during the time that a timely filed application or petition is pending even after the time on your present status has expired.

 

 

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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