Published on Lawyers.com and the Epoch Times on January 15, 2016

Q & A 1. 2. 3. 4.

Q&A 1.


Is It Legal to Translate for A Total Stranger When Legal Documents Are Involved?

Mr. Lee answers:

It is indeed legal for a total stranger to translate where legal documents are involved as long as the translator is capable of providing a good translation. The translator must certify that he or she is fluent in the native language and has translated the documents to the best of his or her ability. In most cases, the translator’s certificate should be notarized.  


Q&A 2.

Will I, Being an F-1 Student Possessing Graduate Research Assistantship, Sponsor My Mother to USA, Who Received a 214B Recently?

I am an F1 student having graduate research assistantship and reached USA in 1st week of January. My mother has attended B1 visa interview in India on her company, and received a 214B last week. So now, how can I sponsor my mother? What are the chances of visa getting approved? What time gap I need to maintain? How would you suggest me to sponsor her?

Mr. Lee answers:

Your mother received a 214B rejection based on the consul’s belief that she would not return to the home country if she was issued a B-1 visa. I note that a B-1 visa is for business. There is the possibility that your mother may be allowed a B-2 visa to stay with you if you can prove that you and she were members of the same household and living together during all these years. There is more leniency these days to allowing nuclear members of a family to remain together where an adult child or spouse is coming or is in the U. S. pursuant to a long-term nonimmigrant visa. 


Q&A 3.

Proof that My Fiancée Can Get Remarried

Her ex husband was a doctor who had gone with a charity organization to Syria to help the wounded and was killed over there. This was covered by CNN, BBC and other news agencies and the CEO of the organization hand in hand with Syria send a document which stated the death. I sent USCIS all these documents. USCIS said they want a document that is registered with a civil authority and these documents I sent won't work. We approached the local birth, death and marriage office in London(this is where they used to live) and they said that since the death happened in Syria, they can't issue a death certificate and we can't get a death certificate from Syria as the country is in shambles. As mentioned earlier, I have already submitted all the documentation to USCIS, but they didn't accept it. Can you please advise how I can convince USCIS that she is free to get married.

Mr. Lee answers:

You and your fiancée should submit sworn statements concerning the efforts that you have made in attempting to obtain the required evidence of her husband’s death. Those should include all efforts made with the Syrian government. U.S.C.I.S. is generally unwilling to accept secondary evidence without proof that efforts have been made to obtain primary evidence, in this case a death certificate from the local government where he perished.

 

Q&A 4.

U.S. Citizen Daughter

My daughter is 2010 born US Citizen We parent arrived on B2 two months ago. My question.... Is there a way we as parent can get legal at this stage.

Mr. Lee answers:

Your daughter’s being a U. S. citizen born in 2010 will unfortunately not assist you in obtaining immigration benefits where you just arrived in the U. S. 2 months ago. Under the present law, your child could only sponsor you for permanent residence when she turns the age of 21. In addition, you would not appear to qualify under the President’s executive action DAPA program as it does not appear that you have been in the U. S. from January 2010 to the present and you were not in the U. S. (according to your fact situation) on November 20, 2014. (I note that the program has been halted for present by a preliminary injunction by a District Court judge in Texas & is currently being appealed by the Government to the Supreme Court.)


 

 

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.

 
   
 

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