Published on Lawyers.com and the Epoch Times on October 2, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

What Documents Do I Need to Send When Renewing My Work Permit?

Do I need to resend all the documents I sent the first time or new ones?

Mr. Lee answers:

Dependent upon the basis of the work authorization, you may or may not have to supply much documentation on a renewal. Generally speaking, an EAD renewal requires the I-765 form, proof of entitlement such as an I-485 adjustment of status application receipt, 2 photos, prior EAD and passport data page copy, along with filing fee if applicable. Kindly note that no filing fee is required for an EAD or EAD extension based on I-485 filing if the applicant paid today’s standard fee of $1070 for the I-485.

Q&A 2.

My Son, a US Citizen, Made a Petition for My Immigration Visa As One of His Parents. The Visa Officer Overseas After the Interview Refused

My son, a US citizen living in NY made a petition for my immigration visa as one of his parents. The visa officer overseas after the interview refused to give me immigration visa and informed that I have to file I-601 waiver to Department of Homeland Security. If approved by the said department I will be getting immigration visa. My son will suffer an extreme hardship; however the following factors are to be considered in pining point the argument to Homeland Security: 1. Family ties and union: my wife has already obtained Green Card and awfully waiting for my visa to be through so we could move together with our son who is a medical student in one of the schools in US and living alone since long time. My younger son's immigration visa is in process as we have sent I - 864 (affidavit of support) a couple of weeks back for visa issuing; 2. Emotional factors: In case visa is refused: I will never be able to see my sons because they will not come to my home country to meet me which is not a safe country to visit especially for US citizens. I will be living separately away from family in my home country at this age of my life (I am 60 years old at present). However, it will disperse my family forever. 3. Country and safety conditions: My home country is unsafe for US citizens; my sons will never come to meet me over there when I am not left much in terms of my age. 4. Economic factors: I will not be able to move my assets to USA to support my sons in their education 5. Financial obligations: I am obliged to support my younger son in his higher education who will complete his high school in year plus time.

Mr. Lee answers:

In looking over your plan, please note that the extreme hardship does not apply to your son, only to a spouse or parent who is a U. S. citizen or permanent resident. Since you state that your wife is already a permanent resident, you should satisfy the same criteria using her hardship instead of your son’s. Your son’s hardship is only relevant as it impacts your wife. If one or both of your parents are U. S. citizens or permanent residents, you could include what extreme hardship they would suffer if you were not granted the waiver. 

Q&A 3.

I have not Registered for the Selective Service, and I Am Now 30 Years Old.

I just found out that I have to register for the selective service and I am 30 years old. What should I do to get approved for naturalization? What proofs do I need?

Mr. Lee answers:

You are supposed to register by the age of 26 unless you were in the U. S. on a nonimmigrant basis. If not, you may wish to wait until you turn the age of 31 before applying for citizenship as that would usually make the process smoother for a person in that situation. There may be a question of your good moral character associated with non-registration under selective service. The period of good moral character is 5 years, and so an individual who is 31 and who has no other bad marks against him in the past 5 years will have satisfied the requirement of good moral character for naturalization.

Q&A 4.

What USCIS is Trying to Find Out Here? Is this Because I Had Only One Trip? Can I Get a Loan on J1 Visa

I am on J1 visa, is it legal for me to accept a loan.

Mr. Lee answers:

I do not believe that there is anything in the law that says that a person on a J-1 visa cannot accept a loan. I assume that if the lender is willing to give the loan, it would be all right for you to accept it. I do note that it is usually difficult for persons on nonimmigrant visas to obtain loans since they are by definition not staying in the country permanently. 

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.