Published on Lawyers.com and the Epoch Times on May 29, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

I Am Egyptian But My Son Born in USA and He Is 6 Months

Is there any way to apply for green card now?

Mr. Lee answers:

Before 1976, just born children could sponsor their parents for US immigration. The law was then changed so that the children now have to be at least 21 years of age to sponsor. While you may be able to immigrate through other means, immigrating through your 6 month old son is not possible.

Q&A 2.

What Rights Do I Have Based on My Marriage With a U.S. Citizen and My Illegal Status?

I married an U.S. citizen for 7 years but we aren't together anymore since the 1th year. Can I do anything to get my documentation done?

Mr. Lee answers:

U.S.C.I.S. insists that a marriage be bona fide to grant immigration privileges. In your case, that may prove difficult where you were only together with your US citizen spouse for one year and have not been together for the past six. If you wish to gain anything immigration-wise out of the relationship, you should end your separation and live together like man and wife.

Q&A 3.

Change Status in US

I have a question about F1 visa.   I'm from Russia, now in US with B1 visa and I opened sole proprietorship, I researched and it's legal, I can't work on somebody, because I don't have working permit, but I can work for myself, that's why I opened it.  But in future (in 2 months) I want to change my status to F1 visa.  So, what will be with my sole prop?  Is it will still legal?  Here will be the same rules I can't work for somebody, but can work on myself?  If so, can you help me change my status?

Mr. Lee answers:

It would appear that your premise that you are allowed to work in a sole proprietorship just because you own it and that you are not working for someone else is false. Such would be seen as unlawful employment by U.S.C.I.S. regardless of whether you are under B-1 or F-1 status. There may be some support for your position where individuals are adjusting status to permanent residence, but such would not be applicable for individuals in nonimmigrant statuses such as B-1 where the primary purpose is a temporary visit for business purposes or F-1 which involves the primary purpose of studying.

Q&A 4.

Can I Submit a Room and Board Affidavit, Lease or Contract With I-134 As Proof of Income?

K-1 visa interview is coming up for my fiancé and the room and board form is all the proof of support that I have.  It is valued at around 16,000 yearly includes everything food and all.  Plus I have a co-sponsor who will fill the I-864.

Mr. Lee answers:

As the K-1 is a nonimmigrant visa, you and your cosponsor can both submit I-134 affidavits of support. When your fiancé comes to the US and you marry within 90 days and file the application for your spouse's green card, you and your cosponsor can submit I-864 affidavits of support. You appear at this stage to be mixing apples and oranges as I-134's are for nonimmigrant cases and I-864's for those dealing with permanent immigration.

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.