Published on Lawyers.com and the Epoch Times on June 13, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Can a Person Who Was Deported for Burglary Come Back to the U.S.?

My ex was deported 10 years ago. He was arrested for burglary I believe. We have 3 children together. He recently found me on facebook and messaged me to tell me he was coming back this year. I didn't think he could because he was deported for a crime. Will the U.S. really let him back in? I don't want him here.

Mr. Lee answers:

Someone who has been deported must remain outside the US for 10 years unless he or she is able to obtain advance permission to return to the US. Following the 10 years, his or her admissibility is determined according to the law and the discretion of consular and immigration officers. With reference to the burglary arrest, an initial question might be whether there was actually a conviction.  If there was not, he is not inadmissible. If he was convicted, he would likely be inadmissible as having committed a crime involving moral turpitude although there have been instances where breaking and entering and burglary in a lesser degree have not been seen as such crimes. Nevertheless US immigration laws also provide for a possible nonimmigrant waiver of a crime involving moral turpitude with consular officers and later immigration officers taking into account the nature and date of the offense, possible rehabilitation and the necessity for or urgency of an applicant’s proposed trip to the United States. There is also the possibility that your ex-husband may be coming back illegally. 

Q&A 2.

I Got a DUI

I got a dui in July of 2013 and my license were suspended but had driving privileges for work. I will be married to my citizen of American wife 3 years this March. Will that cause me problems to get my permanent visa?

Mr. Lee answers:

Although the immigration laws are becoming more strict where DUIs are concerned, one DUI and a license suspension would generally not be enough to derail an immigration case based on marriage to a US citizen as long as the relationship is bona fide.

Q&A 3.

How Can You Switch a J-1 Visa to a More Permanent Visa?

My boyfriend is coming over to the states on a J-1 Visa. If the company wanted to keep him past the time of the J-1 visa would that be possible? If we were to get married would he be able to switch his visa to a green card? Additionally, if he were to finish out the time with the J-1 visa, go back to his country and then want to apply for a green card would that be possible?

Mr. Lee answers:

The first question with every J-1 visa is whether there is a two-year home residence requirement attached to having received it. Many J-1 holders are obligated to return to their home countries for two years following the time that they are in the country on a J-1 visa. Obligations can come about if individuals are on their country's skills list (a list of skills that the country wants back), have taken funds from the home government or an international organization, or are medical trainees. If not, a company may be able to keep your boyfriend past the time of his J-1 visa if he has a baccalaureate or higher degree and the company is able to sponsor him for a working visa such as the H-1B for persons in a specialized occupation. If not subject to the residence requirement, he would be able to switch his J-1 to permanent residence through marriage to a U. S. citizen so long as the marriage was bona fide and there are no disqualifying bars to his immigration. Finally if he returns home after his J-1 period, he could possibly apply for a green card so long as he is not subject to the two-year foreign residence requirement, fulfilled it or had it waived and assuming that he has the basis by which he is able to qualify.

Q&A 4.

I Need Help and I’m From NJ

The police are looking for my wife right now because she fought with her friend on New Year.  She left house because we don't have money to pay for her lawyer and for police department.  She signed on my removal conditional application for my green card and I apply for it last few weeks.  Today I just receive the receipt for my application to remove conditional on my 2-year green card.  We have 1 - joint bank account 2 -joint apartment lease 3- we file joint tax together 4- a lot of electricity and internet bill 5 - joint home insurance 5- a lot of Amazon invoices.  We live in NJ for 3 years together.  My questions are: Is my wife’s situation affects my removal conditional of green card?  And what should I do if they ask for interview?  What if my wife doesn't show up because her situation?

Mr. Lee answers:

The I-751 application to remove the conditional basis of residence status looks to see whether the relationship was bona fide at its inception as seen through the prism of the two-year period of conditional residence. As your wife already signed the petition and you submitted it with your evidence, you will at the stage wait for further action on the part of U.S.C.I.S. It may approve the petition without more. If it requires an interview, you should of course attempt to locate your wife and have her accompany you to the interview. If not, you should attend the interview anyway and explain your situation to the U.S.C.I S. examiner. Perhaps he or she will be sympathetic to your situation if he or she is convinced that you have had a bona fide relationship.

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.