Published on Lawyers.com and the Epoch Times on April 4, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Can I Reenter the U.S If Deported for Overstaying My Visa?

I was deported from the United States in September 1996 for overstaying my visa. In 2011 and also 2013, I applied for a B-2 visa but was refused. Do I have any chance to reenter the U.S ?

Mr. Lee answers:

B-2 visas are given in the discretion of the consular officers. Your overstay and deportation are heavy factors against granting you a discretionary visa. Overstay for one year and removal incur 10 year concurrent bars which were satisfied by September 2006. You may be able to qualify for a visa if it recognizes dual intent, such as the working visas H-1B for specialized workers or L1 intracompany transferees. Also if there is an organization in the country that is interested in your skills and wishes to sponsor you for immigration, that is a path that you can explore. You may also be sponsored for family-based immigration if you have immediate relatives who hold US citizenship or permanent resident status.

Q&A 2.

DS 156 or DS 160

My fiancé just received his appointment letter from the embassy in kabul. They asked him to fill out the DS160 online and nothing else. I thought he has to take DS156, DS 156k and DS 230 btw we filed for I129f petition for fiancé k1.

Mr. Lee answers:

The Department of State is attempting to consolidate the number of forms which are being used and so is asking for the filling out of form DS – 160 instead of all the other forms that were requested in the past.

Q&A 3.

Is It Safe to Travel Outside of US While my Green Card Status is "Initial Review"?

I've filed for Permanent Green Card in October 2012. As my "letter" has expired I've received a stamp in my Russian passport stating that my legal status is extended for another year, until November 2014. Is it safe to travel to Russia in February with just expired Green Card and passport with USCIS stamp?

Mr. Lee answers:

U.S.C.I.S. allows travel privileges and employment authorization during the time that an applicant moves from conditional to permanent green card status. Traveling on a passport with U.S.C.I.S. stamp and the expired green card should be fine.

Q&A 4.

I have a Potential Contract Employee that Would Run Our Satellite Office in China. He is Here in the USA on OPT Visa. I Would Like to Hire Him.

We are a small business with 2 employees in the USA. Myself and another person. We have 2 contract employees in China, and 1 in Vietnam. We are growing our business here in the USA and hope to train this recent graduate in the USA for the next 6 months and perhaps go back to China with him 1 or 2 times to meet vendors. Then continue training in the US until he understands the products and parameters of the job.

Mr. Lee answers:

Graduates of US colleges and universities are usually eligible for a one-year period of optional practical training and this appears to fit your purposes. Those who graduate in the fields of science, technology, engineering, and math and are working for an employer that uses the E-Verify system are eligible for a 17 month extension after the one year of optional practical training. Other than that, your company appears too small to sustain a training program that would be recognized by U.S.C.I.S.

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.