Published on Lawyers.com and the Epoch Times on April 3, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

I'm a Permanent Green Card Holder and My U.S. Husband is in Another Country Studying. Can I Still Apply for Citizenship?

I've been married for 4 years now and I've been a permanent green card holder for 3. My US born husband has duo citizenship (American and Brazilian) and he's been in Brazil for 1.5 years now studying. I've never been outside the country. Can I still apply for my citizenship?

Mr. Lee answers:

A naturalization application based upon marriage to a US citizen and being submitted in three rather than the usual five years requires that the couple have stayed constantly together with very little separation during the three-year period. In your case where your husband and you have been separated for one and a half years, you would have to wait for the five years. As you are probably aware, you are eligible to file for naturalization 90 days ahead of five-year limit. 

Q&A 2.

I Need to Know How I Can Help Get Someone That Was Deported Get a Non-immigrant Visa

My soon to be father in law was deported about 5 years ago and we desperately want him to be here for our wedding he is under the impression that he's permanently deported how do I find out and how does he get a non immigrant visa

Mr. Lee answers:

To obtain a nonimmigrant visa, your father-in-law would have to make the application for nonimmigrant visa with a request for advance permission to return to the US after deportation. The request would have to be agreed to by the American Consulate which would then send its recommendation to the Admissibility Review Office of DHS which would ultimately decide whether to go along with the request or not. 

Q&A 3.

Issue With Major of Study for Work Visa

I did masters in Bio-Technology (major- "biobusiness") in Georgetown University. Currently, I'm on F-1 OPT and working in a temporary position as "Application Support analyst" (related to IT and Business) in the business School of Georgetown University. For Employing me for a full-time position and giving me H1-B visa a year after; the people here are saying that I have to work in a job directly related to my major. Even though I'm correlating the work with 17/30 credits of my biobusiness major, The Office of International programs is not accepting it. But my employer is not ready to loose me. Is there any way to continue in this job and not going for a second master’s degree in some IT related major.

Mr. Lee answers:

There is a chance that you may be able to obtain the H-1B if you are able to correlate 17 out of the 30 credits of your bio business major with the work that you will be doing as an application support analyst. You would of course have to convince the petitioning organization to sponsor you. I also note that you do not have to rely upon your master’s degree as the H-1B only requires that you have a bachelor’s degree or equivalent in the field of specialized occupation. Therefore you can use your bachelor’s degree for the H-1B if it is more closely related to the job duties of the position. 

Q&A 4.

Crime Involving Moral Turpitude

I was arrested in 2006 for shop lifting in Boston. I was not convicted and did not appear before any judge as I was scheduled to fly back to my home country 2 days later. Had no issues going to the States under ESTA all these years till 2013. Was advise that I had to declare yes under Crime Involving Moral Turpitude and get a VISA, else may risk inadmissibility for future visits. I tried applying for VISA but was asked by consular officer for documents pertaining to my arrest. I do not have any documents as I was not provided any when I left the police station. I have sent a request to the Massachusetts Police to request for the details but have not receive any response. Would like to seek legal assistance to ensure I do not have issues entering the United States.

Mr. Lee answers:

You would probably be best served by contacting an attorney in Boston and asking him or her to assist you in obtaining your arrest record and disposition of the case. If the matter has not been resolved, there is a chance that the attorney may be able to resolve it for you you even though you are outside the US at this time. 

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.