Published on Lawyers.com and the Epoch Times on September 26, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Birth Certificate Mother Name Spelling Variation

My mother US Citizen and filed for my immigration visa her name is Lalykutty all my document for mother place is having same name and spelling; unfortunately in my birth certificate it is, mother name is Lali therefore during visa interview this Birth certificate will be okay?

Mr. Lee answers:

Since she is sponsoring you, a chief question in your case is the relationship between you and your mother.  I would suggest that you take all possible measures to straighten out the issue of your mother’s name. A U.S.C.I.S. officer may not be forgiving of or understanding of the different variations of your mother’s name. 

Q&A 2.

Which Path to GC Should I Use - EB2 or Asylum?

In May, 2012 I applied for asylum. After our interview in July,2012 we did NOT receive any decisions till April,2014 which is recommended Approval. In September, 2012 I changed my status from J1 to H1B through new employer. The employer applied for PERM on December 2013. I have Msc, and Phd So hopefully they can do it on EB2 category for Green-card. So, far we are waiting for the granted asylum letter (no one knows when it will arrive). My question is Should I proceed with my employer path to G.C OR wait for the granted asylum letter and apply after 1 year? AND does both cases contradict each other? is there any danger of keeping both status ?

Mr. Lee answers:

At this time, you can keep your options open if you so desire by going forward with your EB-2 case along with keeping your H-1B status during the time that you have a recommended asylum approval. Once you obtain the asylum approval, you would likely have to continue working with the H-1B employer if you wish to continue pursuing the EB-2 immigration and have a later argument that you are still maintaining legal nonimmigrant status. A switch of employers without a further H1B approval could open up the thought that you violated your nonimmigrant status leaving you in a position of not being able to adjust status on the basis of an EB-2 approval. Your other path is of course waiting for the asylum approval and applying to adjust status to permanent residence one year thereafter. 

Q&A 3.

How Long Can I Be Out of the U.S.?

I am a legal permanent resident.  My wife is waiting for her visa date (F2a) to become current. Her I-130 is approved. I would like to be with her as much as possible. She is in the UK. How long am I allowed to be out of the US to visit her?

Mr. Lee answers:

As you are a permanent resident, you should be in the U. S. at least half of the year. Please also understand that you will have to provide financial support on form I-864 and it would be best to have a viable job letter, banking statements, payslips, and 3 years worth of tax returns. 

Q&A 4.

Filing the I-751 Form Accurately

I am presently filing the I-751 form to remove the conditional status. However, during the 2 yrs of marriage I had a child and I'm also pregnant again. Do I need to put my child's info in part 4 of the form or not? And also, in part1of 16.a. where it states 'In Care Of Name' should I put my name there or leave it blank. What should I do?

Mr. Lee answers:

You should certainly put down the fact that you had a child during the 2 years of marriage and also show proof that you are pregnant again. Those facts are central to a determination that your marriage is indeed bona fide. If your name is on the mailbox, you can leave the “in care of name” box blank. If you are using the address of a place where you are not residing or your name is not on the mailbox, you can fill in the box with the name of the person whose name is on the mailbox. 

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.