Published on Lawyers.com and the Epoch Times on August 1, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


I Am A U.S. Citizen Marrying An Immigrant Which Form Do I File to Get My Spouse a Green Card?


Mr. Lee answers:

If your spouse entered the US legally, he can apply for an adjustment of status in most situations. If doing it by yourselves, you would fill out the I-130 petition for alien relative and he would fill out the I-485 application to adjust status. Other forms that both you and he would be filling out are G-325A biographic data sheets, and you would have to provide the I-864 affidavit of support. If your spouse did not come to the country legally, you should consult with an immigration attorney to discuss the options. 


Q&A 2.

I'm 17 And Looking Forward to Enlist into U.S. Marines but Requires Residency and I'm Illegal with a Deferred Action. Can I Apply for Legal Residency?

I’m currently in high school and both parents are immigrants and I have deferred action which only lets me work is there a possibility I can apply for legal residence?

Mr. Lee answers:

There is the possibility for all who have been granted Deferred Action for Childhood Arrivals (DACA) to obtain permanent residence if some version of the Dream Act is passed. Other than that, your parents can apply for you under the F-2A category for unmarried children under the age of 21 of permanent residents and the process will probably take two years. If you entered the country legally, you may be eligible for adjustment of status without leaving the country if you or one of your parents (if they immigrated through a preference and not as the parents of a US citizen) had the benefit of section 245(i), under which applicants can adjust status upon payment of a fine amount of $1000 if they had an immigrant visa petition or labor certification application filed by April 30, 2001 and were physically present in the US on December 21, 2000. There is also the possibility that if you obtain advance parole to leave and reenter the country for reasons pertaining to emergencies, school, or business, you might be adjudged to have made a legal entry and allowed to adjust status under your parent's petition. 



Q&A 3.

What Kind of Job Are Count Toward EB-5?

I am planning to open a company which has two part. One part of business create only 3 full time job, Second part of business creates 7 jobs, These 7 jobs are created by providing trained staffs to other companys. Does this way, Can I apply for EB5 on main company?

Mr. Lee answers:

There is a good chance that U.S.C.I.S. may give you a difficult time considering your proposal to have seven of the employees actually work at other companies. There may be a question as to whether the employment situation meets the spirit of the EB-5 program. Also as in the case of H-1B cases, there may be the additional question as to whether the individuals are actually your employees. The question there is whether there is company control over the work of your seven members for them to actually be considered employees of your investment vehicle. 


Q&A 4.

How Do I Get Back in Legal Status

I would like to get help on what to do with my immigration situation. I am presently out of status and my petition to remove the conditions on my green card has been denied because I failed to submit more evidence when immigration asked sent me the RFE letter. What are my chances of getting back into status, what is the best route to go about it and how much would it cost me?

Mr. Lee answers:

When an I-751 application to remove the conditional basis of residence status has been denied, U.S.C.I.S. will generally send you a notice to appear (NTA) in the immigration court as to why you should not be removed from the country. In the court, you will be able to present your case once again as to why the conditions on your residence should have been lifted. You will also have an opportunity to present whatever evidence you want along with testimony from yourself, your husband, friends, and relatives. It is difficult to say what the process will cost you as every attorney has his or her own set of charges. 


 

 

Copyright © 2003-2017 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.

 
   
 

  View Alan Lee's profile

 View Alan Lee's LinkedIn profileView Alan Lee's profile