Published on Lawyers.com and the Epoch Times on December 5, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Will Traffic Citation (Speeding Ticket) Cause Problem at Naturalization Interview?

Does applicant need to mention it on N-400?

Mr. Lee answers:

The N-400 form requests that applicants fill in all offenses including speeding tickets and so that is needed to be mentioned. The speeding ticket should not cause any problems at the interview although there should be some proof that the traffic citation has been satisfied.

Q&A 2.

Can I Work in U.S. Given That I Do Not Get Money in U.S.

I live in Germany and work (programming) on our German company that has partner company in US (hereinafter USCorp). USCorp has customer in US and they invited me to arrive in US and work in customer's office "on site" using B1 visa. This means ordinary work day in customer's office with some ordinary programming duties. Important notice: I will NOT earn money in US. Germany company will still pay on my German bank account that linked to my credit card and I can use card anywhere to pay bills in US, so there will not any financial activity between me and USCorp's customer on US territory. Will it be legal?

Mr. Lee answers:
The arrangement that your German company and US partner company are contemplating is dubious in legality.  If your company is willing to do it, it can have you submit a new B-1 application to the American consulate or embassy, explain what the company wishes to do, and request a visa called "B-1 in lieu of H-1". If the consulate or embassy agrees, it would enter the information on a consular database that would be available to US immigration officers.

Q&A 3.

Will I Lose My Papers If I Go To My Country of Origin to Renew My Passport?

I am Venezuelan and I came to the US as a Political refugee. Now I have my residency but I want to renew my passport. For that, I wish to go to Venezuela. If I were to go to Venezuela to renew my passport would I lose my residency? Also, If I renew my passport here can I go back to Venezuela without asking for permission, such as refugee travel document?

Mr. Lee answers:

The danger of a political refugee even with permanent residence renewing the passport of the persecuting country is that it raises questions in the mind of immigration officers of whether the individual really had a bona fide fear of the authorities in the home country. The best advice is to wait until you become a US citizen before returning to your home country. Then you can travel as a US citizen under the protection of the United States.

Q&A 4.

Fraudulent Misrepresentation Wavier

I was trying to visit my son which he live in USA and he is citizen, I took some time off from work and get B1 visa , when I get to the airport I get send back, because of INA sec212(a)(6)(c)(I)(I) for fraud and misrepresentation, because I told the office I was working but I’m off work ( like vacation ) he thought I was lying about my job, he did not give me the time or the chance to explain to him that I still have my job but I’m just on vacation, any way how to get wavier for this ? also, my son has filed I-130 for his mother ( my wife also ) and she will get her green card soon.

Mr. Lee answers:

There is probably no way for you to reverse the finding of the immigration officer at the airport at this point. The fact that your son has filed an I-130 for your wife and she will get the green card soon means that you may be able to apply for a waiver if your son applies for you also for the green card. That type of waiver would be based upon establishing extreme hardship to your wife if you could not immigrate.  If you only plan to visit the US in the future, you can file for a nonimmigrant visa and ultimately for a waiver of the fraud which will have to be recommended by the consulate or embassy and approved by U.S.C.I.S. before you can begin your trip.

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.