Published on Lawyers.com and the Epoch Times on March 20, 2015

Q & A 1. 2. 3. 4.

Q&A 1.


I Have Applied for F-1 and Now I Want to Withdraw.

I have applied Chang of Status from F2 to F1. It is still under process. Now I want to withdraw my application as I no longer intend to study.  How should I do this? And should I apply for F2 status again / will it be automatically become F2. And will cancelling F1 affect my future visa COS. Kindly let me know.

Mr. Lee answers:

You can withdraw your application by sending U.S.C.I.S. a letter requesting the action and referencing the receipt number of the application. You will automatically revert to your previous status, F-2. Canceling the F-1 application should not affect any future changes of status. 


Q&A 2.

Refer Action

I apply for defer action and now they send me a request letter saying that my diploma is not a state certified and now I don't know what to do I just sign up for a GED program. Can I send paper stating the days of my test and staff . Or what should I do or I can't do anything

Mr. Lee answers:

I assume from your questions that you did not attend a state certified school and that it is not just a matter involving certification of your diploma. If you disagree and believe that the Institute that you attended was a state certified high school, you can perhaps contact the Institute for verification of such and send its affirmation back to U.S.C.I.S. Otherwise you can attempt to send U.S.C.I.S. proof that you are currently in attendance at a GED program. If U.S.C.I.S. wishes to accept it, it can although it may also reject it based on its sometimes enforced rule that an applicant must be qualified at the time of the filing. If it is so denied, you can always file a new application for deferred action. 



Q&A 3.

I Am Applying for a Fiancée Visa and I Will Still be Living With My Parents.

Can my parents fill out the financial support documentation?  My soon to be fiancée lives in Canada and we will be applying for a Fiancée visa. As soon as she moves here, I will be going to work. Until then, I will still be in school and living with my parents. So how do I fill out the Financial Support documentation when I don't really have a salary? I know my parents can sponsor, but I just want to know what to do.

Mr. Lee answers:

The financial support obligation for fiancée is not as strict as when applying for the green card. I would suggest that you can give a letter explaining your situation and why you are relying upon your parents' support at this time. Then your parents can submit the affidavit of support on form I-134 affidavit of support with job letter, proof of recent payments, bank statement, and last year's tax return. If the Consulate requires further papers, it will notify your fiancée. 

Q&A 4.

How to Find a Deportation Case Number?

My wife was deported five years ago through a Las Angeles court. Her attorney claims he doesn't have the file. How do I obtain her case number? I am an American citizen, her family lives in Los Angeles, and I want to apply for reentry. She is over five years into a 10 year removal.

Mr. Lee answers:

I suggest that it would be easier for your wife to obtain the paperwork of her case rather than you. She should fill out and sign forms G-639 for a copy of her file under the freedom of information act along with a statement of identity under form G-652. She can then submit them to U.S.C.I.S. and should receive a copy of her file within six months. Otherwise you and your wife can look harder for copies of her case number which should be on most documents and correspondence from U.S.C.I.S. or the immigration court. She may also have obtained employment authorization previously, and the number would be on the card. 


 

 

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.

 
   
 

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