Published on Lawyers.com and the Epoch Times on May 8, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
I Want to Apply a Green Card in F2B Category
But I had a J1 visa from China and paid by China. Do I need to waiver the J visa first before I apply?
Mr. Lee answers:
Applying for the green card in the F-2B category will take many years. You can begin the process now if you wish. The relevant time that you will have to show that you are free of the two-year home residence requirement of the J visa is when the priority date is current and when you either apply for adjustment of status in the States through form I-485 or an immigrant visa in the overseas American consulate or embassy at the visa interview.
Q&A 2.
Expired Green Card But Need ID To Travel?
My Green Card recently expired and I can't renew my Georgia driver's license until it's renewed. I have applied for a renewal but not sure when that information will be processed. In the meantime, I have to travel to DC on the 23rd of this month and need some form of ID to board the plane. I don't have a valid passport but have my Social Security card and everything else. I've been in the US since I was 2 and I am now 26 years old. Can someone please advise me what to do or what kind of ID I can get in until I can get my driver's license renewed?
Mr. Lee answers:
Generally speaking, you need a state issued or federally issued identification card to board an airplane. If you have already submitted an application to renew the green card, you will likely receive an appointment for biometrics within approximately 30 days. At such time, the Application Support Center will likely issue an extension of your permanent resident card with a sticker on the back side. At that time, you would then have an unexpired permanent resident card. There is also a chance that you can schedule an infopass with your local U.S.C.I.S. field office, explain the situation, and it may issue a temporary proof of your ongoing permanent residence.
Q&A 3.
Deportation Hearing
Arrived on a visitor’s visa with a parent at the age of 4, now I'm 25 and have to go before an immigration judge. I have no criminal records, has been a "citizen" in good standing. What are my chances of not being deported?
Mr. Lee answers:
Given your fact situation, you are most likely eligible for consideration under the deferred action for childhood arrivals (DACA) program of the administration so long as you fit certain other conditions including graduating from high school or attending GED classes. The application would be made on form I –821D. With such application, you would be allowed to stay for a period of at least two years with employment authorization privileges.
Q&A 4.
Will My K1 Visa be Denied If I Apply Within the 10th Year of My 10 Year Ban?
I overstayed my tourist visa for 2 years and left the US voluntarily (2005), I understand I have a 10 year ban which will end in October of this year (2015). I want to apply for a k1 visa with my fiancé who is a US citizen, but not sure if I can apply now being several months away from concluding the 10 year ban or do I have to wait until the exact date I left the US which is 0ctober 2015.
Mr. Lee answers:
The 10 year bar is counted at the date that you apply for the K-1 visa at the Consulate or Embassy. It has nothing to do with the date that you have the K-1 petition submitted on your behalf at U.S.C.I.S.
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