Published on Lawyers.com and the Epoch Times on June 20, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Permanent Resident

I am a permanent resident trying to remove conditions from my green card which expires in 2 months. I currently live in New York and school here but my wife moved to North Carolina last year. From your experience how much time will it take to transfer the case from New York to North Carolina if I want to get interviewed there. I would appreciate your candid advice on the pros and cons.

Mr. Lee answers:

Where both parties have signed on a joint I-751 application to remove the conditional basis of residence status, U.S.C.I.S. looks to see whether there is an ongoing bona fide marriage. Parties having separate residences usually raise red flags. You and your wife may be better off if you get back together – either you move to North Carolina or she moves to New York. I do not know the schedule of interviews in North Carolina, and I also do not know whether U.S.C.I.S. would be willing to transfer an interview from New York (if scheduled) to North Carolina if you have no residence in that state.

Q&A 2.

Which Form?

I would like to know what exact forms I should be applying for someone who was a formal resident in the U.S.A with a green card who by the way is married to an American citizen and has 5 children who are American citizens but stayed out of the states for more than a year for family illness reasons but know wants to return to the USA for the sake of safety judging by the unstable manners in Libya please get back to me as soon as possible.

Mr. Lee answers:

If the individual remained outside the United States because he himself had an illness which kept him from returning to the States, he could conceivably apply for a special immigrant visa at the American consular post. If the green card is not yet expired, he may also think about taking a chance and attempting to reenter the US and explaining his situation to the Customs and Border Protection official that he meets at the port of entry. If sympathetic, CBP may allow him to apply for a waiver to enter the country. If not sympathetic, he would be asked to surrender the green card and go home or see the immigration court. His other alternative is to have his US citizen wife reapply for his green card on form I-130.

Q&A 3.

My Green Card is Expiring in 3 Months

Can I apply for citizenship or do I have to renew my green card first? If I do what forms do I need?

Mr. Lee answers:

Under U.S.C.I.S.'s present rules, you should renew your green card prior to applying for citizenship if your green card will expire within six months. As you only have three months, you should renew as the law requires you to have a valid green card. I note though that I have not heard of the rule being enforced to deny anyone citizenship, but the above is the agency's official stance.

Q&A 4.

Visiting/Vacation Visa to US

I want to invite my family specially my mom to come to visit me for awhile. I'm a green card holder and my husband is US citizen. How to get a visa for her?  How much the total cost will be? How long she can stay? Is she guaranteed to get that visa if I paid lawyer?

Mr. Lee answers:

You and your husband can provide your mother with an invitation letter containing a guarantee that she will return to the home country after the period of visit and the financial support papers. Financial support papers usually include the I-134 affidavit of support with job letters, bank statements, and tax returns. Insofar as costs are concerned, they are of course much less if you prepare the papers yourselves. No lawyer can guarantee that your mother will obtain a visiting visa since such is given in the discretion of an American consular officer. Individuals entering the US on visitors visas are usually given six-months stay and such could be possibly extended.

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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.