Published on Lawyers.com and the Epoch Times on July 31, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Boyfriend Entered U.S Legally, Visa Expired. What Can We Do If We Get Married?

I have been dating him for about two years now and we have been living together for about a year. He entered legally from Europe and decided to stay here with me. We've been very happy and want to continue to live together but we worry about his status. We also have an age gap of 20 years. What could be the most basic complication if I petition for him to get some sort of residency? Can we be legally condemned in any way, despite the fact that our relationship is very real and very legitimate? What would be required of us to start the applications process?

Mr. Lee answers:

If your boyfriend entered legally, and you are a U. S. citizen, you can sponsor him for the green card once you are married. The fact that you have an age difference of  20 years will be looked at by U.S.C.I.S. at the time of the interview, but that is only one of many factors that an officer looks at in determining the bona fides of a marriage case. You say that your relationship is very real and very legitimate, and so I assume that you will pass the bona fide test. I note that many entrants from Europe enter under the visa waiver program and U.S.C.I.S. in the past gave problems to those who overstayed, but that has been alleviated by recent policy that allows U.S.C.I.S. to adjudicate applications from such individuals. To start the application process, you would have to file I-130 relative petition with I-485 adjustment of status application and other relevant documentation to the U.S.C.I.S. lockbox in Chicago.

Q&A 2.

Lawyer Please Help

I am 60 years old women, lived in the US since 2001. Have no criminal record no other issues. Except, I hired the attorney in NY back in 2002, I had no know the language well. So, I trusted the attorney, she spoke my language and proposed to file the case on my behalf. Apparently she filed Asylum case. I was working as a home attended 24/7. I only had a chance to come once per two three months to bring additional payment to the attorney's office. After I paid $5000 I came to the office to find out if there is any news for me, the office was closed and Attorney disappeared. I was unable to find Attorney. So, I did not know what happen to my case. Until few years later, at the office where I worked someone called to USCIS and found out that I was deported. It was 2003 or 2004. I have a daughter in the US who already become a citizen. I have no criminal record or any other violations. I am seeking advice what can I do to become legal?

Mr. Lee answers:

You should seek an attorney familiar with immigration litigation in the immigration courts. That attorney would likely obtain a copy of your file, and move to have your case reopened. Whether it can be will likely be a joint decision of Immigration and Customs Enforcement (ICE) and the immigration court. 

Q&A 3.

Can I Enter the US on a Valid Visit Visa if I'm a Derivative on My Husband's Asylum Case?

My husband is Syrian, his asylum case in the US is still pending. I am Lebanese; I had to leave the US to Lebanon for a month due to a family death. I have a valid visit visa, am I allowed re-entering without risking detention or deportation?

Mr. Lee answers:

The question of whether you can enter the U. S. on a valid visiting visa when you are a derivative on your husband’s asylum case depends upon the temporary nature of your visit and the acceptance of that reason by the Customs and Border Protection (CBP) inspector and/or supervisor at the port of entry. As long as CBP is convinced of the bona fide nature of your temporary visit, you would be allowed to enter. 

Q&A 4.

I Am Foreign Trained Physical Therapist on H-1B (6th Year with I-140 Approved) Under Previous Employer with MS Degree in USA

I changed my employer just a week ago and 129 filed for transfer to new employer under physical therapist. Now I would like to apply for director of rehab position (which has added responsibilities to physical therapist job responsibilities). Can this affect my current H-1B or future green card process? What is the best thing to do in this case?

Mr. Lee answers:

As you have transferred your H-1B to a new employer under physical therapist, your obtaining the position of director of a rehab position could affect your current H-1B and your employer should probably file for an H-1B amendment once you secure the position. I will assume for purposes of this question that you have not filed in I-485 application to adjust status. With reference to your future green card process, whether you can obtain I-140 approval without the need for labor certification on the basis that the position is still that of the physical therapist will likely depend upon the job description and the number of duties requiring the skill set of a physical therapist.

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.