Published on Lawyers.com and the Epoch Times on September 19, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

I Am an U.S. Citizen and Want to Bring My Fiancée to the U.S. I Like to Check the Processing Time for Either Visa K-1 or K-3 (Which One is Shorter?)

I am planning to get engaged to my fiancé in May (she resides overseas and she is not an U.S. citizen), however, before applying a visa for her, I like to check the processing time for either visa K-1 or K-3 (which visa type has a shorter time process?). In addition, I like to know more about the overall processing for either visa status. I will be mostly grateful to have your comments and advise on this case. Please note that I am a U.S. citizen and currently living in the U.S.

Mr. Lee answers:

The California service center of U.S.C.I.S.’ processing time chart has both K-1 and K-3 petitions at 5 months. The Vermont service center only has K-1’s at 5 months without reference to K-3’s. I do note that you must also file an I-130 petition in order to file the K-3, and if both the I-130 and K-3 are together at the National Visa Center (NVC) after approval by U.S.C.I.S., the K-3 petition will be denied. On the whole, K-1 processing is probably faster than K-3’s, without the risk that K-3 processing may be stopped at the NVC. 

Q&A 2.

Death of Principal Beneficiary

According to the new section 204(I) "Relief for the survivors", Do you think it’s possible for derivative beneficiary to get a green card after the death of primary beneficiary? The visa is F4.

Mr. Lee answers:

This depends upon whether the derivative beneficiary was in the U. S. at the time of death of the principal beneficiary and has since continued to reside in the country. Even then, U.S.C.I.S. appears to be interpreting the provision in a manner so that the relief is attached to humanitarian reasons. That being so, there is a chance that the relief will be denied in light of the F-4 category only benefiting the sibling of a U. S. citizen whereas all of the other family-based categories involve relationships between spouses and parents – children. I note that U.S.C.I.S.’ interpretation was criticized by its own Ombudsman in November 2012, who noted the disparate treatment given to those whose petitions had already been approved (automatic revocation until U.S.C.I.S. receives and grants a discretionary request for reinstatement) and to those whose petitions were still pending at the time at the time of death (ability of the officer to go forward and make the adjudication and approval notwithstanding the death). 

Q&A 3.

Can I Get Adopted and Obtain Legal Papers If Over 21

I am 24 and originally french, I have been in the US legally on mutliple occasions. I am currently in the US on a visitor visa again. I have no real ties to my birth parents and have what I consider my real family here, they are both like my mom and dad and after going through multiple ways to try and finally be able to stay in the country legally they offered me to make me officialy a member of the familly and adopt me. I would like to know if it is in any way possible since I am 24 and what the process would be. I have tried so many ways and would like to not have to go through illegal ways to stay but cannot keep going back and forth forever.

Mr. Lee answers:

The deadline for adoption in order to gain U. S. immigration benefits is the age of 16 at which time the adoption must be fully completed. Being the age of 24, you would not be benefited under U. S. immigration law even though you have no real ties to your birth parents and that you consider your real family to be here. You will have to think of another way of immigrating in the event that you wish to stay here permanently.

Q&A 4.

Would Someone Get in Trouble for Housing an Illegal Alien that They Only Recently Found Out is Illegal?

If a person had someone living with them for a long time, but didn't know they were illegal until recently, would they get in trouble for housing the illegal person after they found out? In that situation is it best to report them or ask them to leave and THEN report them? Or not report them?

Mr. Lee answers:

Generally speaking, the act of housing illegal aliens would only get you in trouble if you transported them to the housing directly after they came into the country or if you had a profit motive for housing them, such as part of a smuggling operation or having them work illegally in an operation in which you have an interest. I do not see liability coming to those who may rent to others that they later find out are not legal in the country. If that was the case, landlords renting to undocumented immigrants in good faith could all be in trouble with the law, which is not happening. The law also does not require you to report undocumented immigrants, as the act of being illegal in the country is not a crime, only a civil violation.

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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.