Published on Lawyers.com and the Epoch Times on July 17, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Will I Be Able to Get my Money Back From the Company who Filed for my Visa?

A company came forward to file for my H1B visa in April . I had valid L2 EAD at that time. So they offered to search for opportunities for me. I was asked to pay for the visa processing $2500 and was told that if I did not get through the lottery they will refund $1000. If in case I made it through the lottery I will have to pay the remaining $2500. I did not make through (was informed in the end of June) now I am trying to get the money but they are not responding. How can I get my money back?

Mr. Lee answers:

I suggest that if you do not have satisfaction through repeated attempts (which are documented) to obtain a refund, you should lodge a complaint with the Better Business Bureau or Department of consumer affairs of the locality in which the company is located. I give this advice as your fact situation says company and not attorney. If an attorney was involved, you can lodge a complaint with the local Bar Association. 

Q&A 2.

Interview Question

I will have an interview with USCIS and they ask me to bring my husband’s birth certificate.  But my husband came as refuge and he is from Iraq and the situation in Iraq very bad and he can’t bring his birth certificate to the interview, my question is what should I do?

Mr. Lee answers:

You should attempt to comply with the U.S.C.I.S. request and show whatever efforts you have made to secure your husband's birth certificate. Along with the evidence of your attempts, you can also give U.S.C.I.S. secondary evidence such as old schooling records which have the name of his parent or parents and date of birth, affidavits in lieu of birth certificate, etc. If you can show by documentary proof that the situation in Iran precludes your husband’s being able to obtain a birth certificate that would also be helpful. 

Q&A 3.

Can I do Anything While I'm Waiting for the Visa Bulletin Date to be Current?

I'm married to a green card holder and I have student visa.  She already filled out the I-130 form and we received notice of action I-797c. So I'm wondering if I can fill out any forms like I-765 and I-131 forms while I’m waiting for the visa bulletin date.

Mr. Lee answers:

I-765 and I-131 forms are usually ancillary to the I-485 adjustment of status application. In a case like yours, it is not possible to file the forms at this time. In the same manner that the tail of the dog must follow the body of the dog and cannot exist separately, the I-765 and I-131 forms must follow the I-485.

Q&A 4.

My Friend on an H4 Visa and 1-140 Approved. Her Green Card is Still a Few Years Away.

If her husband divorces will she still get the green card?

Mr. Lee answers:

No – as a dependent, her status is dependent upon remaining attached to her husband. A divorce would unravel the knot that binds their cases together.

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.