Published on Lawyers.com and the Epoch Times on May 1, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Can I Still Visit America After I Left 13 Years Ago Because I Was in Trouble With the Law?

I was convicted of domestic violence but I served my time and completed my term and DV and AA classes.  Then I got in trouble for a probation violation and was told by the judge to complete prop 36 counseling ... I left America and went back to the Philippines to stay out of trouble and have given myself a better life and education. I was not deported. I just left the country

Mr. Lee answers:

You may still be able to visit the US by making application for a nonimmigrant visa and requesting a temporary waiver of excludability for the time that you will be visiting this country. The consular officer would have to agree and make a favorable recommendation to U.S.C.I.S. If the Admissibility Review Office of U.S.C.I.S. agrees, it would grant you a waiver for the purpose of visiting. 

Q&A 2.

H1-B Transfer Related Queries

I am currently working with an Employer A on H1-B Visa on a Perm Full Time position and my H1-B expires in 31 July 2015 (eligible for Renewal). My Company A is started my 2nd H1-B Extension in this week I got an offer from Employer B. I would like to know what will happen if my Employer A has already filed for H1-B Extension and my next Employer B has also started H1-B Transfer and extension in parallel premium process ? Is that a very risky thing ? If transfer or extension from employer B is denied or if i got RFE can still work with current company A. What about the employer A h1b extension? Is visa extension process still continues with employer A, even employer B visa extension or transfer got rejected? Or let me know weather i will not be eligible to work with either Employer A or B ? What should be the best option for me ? Shall I wait until my Employer A completes the H1-B Visa transfer and then apply for the next job (H1-B Visa Transfer through Employer B) ? In that case, I may have to wait for another 2 - 3 months as my Employer A will be applying for H1-B Extension in Regular process One more query If employer B H1b transfer and extension both are approved but I don’t want work with them and want to continue with my employer A is that possible? Any risk? Do the employer A has retransfer again my H1B visa?

Mr. Lee answers:

You can have both company A and company B apply for extension and transfer respectively at the same time. If you are still working for company A, you can continue working throughout the process of the extension adjudication. An RFE or denial of company B's petition would have no effect upon the continuing adjudication of the extension application. In the event that Company B's petition is approved, you have no obligation to work for the company if you still wish to work for company A. However, U.S.C.I.S. should be notified that Company B's petition should be canceled. As long as company A's extension is still pending or approved, company A does not have to do anything more to have you continue working for the company. 

Q&A 3.

Visitor Overstayed in the Past. Next Step?

My mother visited us on visitor’s visa last year, but had to overstay due to personal reasons. What is the best way to have her visit us again? We are eligible to apply for citizenship if required.

Mr. Lee answers:

An individual who overstays on a visitor's visa automatically has the visa canceled. If she leaves, she would have to apply for another visa, explain the reason for the overstay, and hope that the consular officer gives her the visa in his or her discretion. Alternatively, you could apply to adjust her status to permanent residence if she is still here and if you are 21 and become a US citizen. The overstay would not have an effect upon the adjudication for adjustment of status. 

Q&A 4.

Am I U.S. Citizen?

My dad was naturalized when I was 15 but I was living outside the U.S by the I got here in United States I'm already 18 and got my green card. Now I'm just wondering if I'm us citizen already and just apply for passport or do i still need to apply for citizenship naturalization.?

Mr. Lee answers:

You do not appear to be a US citizen at this time as the rules on citizenship would have generally required your obtaining your green card before you turned the age of 18. As such, you would probably have to apply for citizenship on form N-400 following your required period of residence of five years.

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.