Published on Lawyers.com and the Epoch Times on March 13, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
Green Card Through Marriage
When applying for my husband, do I use last name on my naturalization certificate or my husband's last name in the application?
Mr. Lee answers:
To make it easier for yourself and for U.S.C.I.S., it might be better for you to use the last name which is on your naturalization certificate rather than your husband's last name. You can put down your other name on the I-130 petition for alien relative where it asks whether you have ever used any other names.
Q&A 2.
Request for Evidence to Extend/Change Nonimmigrant Status
I get a letter from USCIS. They are asking for more information to give me visa. This is one of them: Submit evidence which establishes that you have a residence abroad which you do not intend to abandon. Submit evidence which establishes that you have made arrangements to depart the United States. Which documentation I suppose to send them?
Mr. Lee answers:
In answer to such an RFE, you can submit evidence of your ties and bonds with your home country such as evidence of real and personal property, bank accounts, job or schooling. To establish that you have made arrangements to depart the United States, you could submit evidence of a plane ticket and date certain that you will leave the country.
Q&A 3.
I Was Denied a Non-immigrant Visitor Visa
What can I do? If my life does not change in the next few months can I still apply again? I am afraid they will turn me down because I was denied before.
Mr. Lee answers:
Many times there is nothing that an individual can do except apply again after an appropriate period of time. You may encounter a friendlier consular officer. You may also be turned down again since most nonimmigrant visas are given in the discretion of the consular officers. You have also pointed out a reality that if there are no new circumstances, you may be denied as you were turned down previously. I would suggest applying again once you establish stronger bonds with your home country and have a longer period than three months between your applications.
Q&A 4.
What Are the Reasons An H-1B Visa is Denied?
I have been on an H1B visa for 5 and half years with the same company. I am applying for an extension for 6 more months then I will leave the country. What are my chances of getting approved? What are reasons that I may be denied? I have never had problems before but am worried because 6 months is a short time
Mr. Lee answers:
U.S.C.I.S. will not deny an H-1B extension application just because it is only asking for six more months. The agency is well aware that six years is the maximum time given on H-1B stays in this country under most situations. So if you are applying for another six months from the same company, there is little reason why it should not be approved.
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