Published on Lawyers.com and the Epoch Times on June 3, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Travel

I live in the USA but from France. I have a green card. I have two children born here (double nationality American-French but their French passport expired).I do have their American Passport. I have never been married and separate from their father. I want to take my kids to France for 3 weeks to support my family. I just lost my uncle and they need my help. My kids father is giving me a hard time and treated me to refuse to take the kids. He barely help me financially (I am the main financial support) and I could not leave my kids alone with him for 3 weeks. How can I go home without any problems? I will have a round trip tickets and they are already registered at the school.

Mr. Lee answers:

I do not profess to know anything about family law. Immigration wise, it would appear that as the unmarried mother of the children, DHS would see that you have a right to take the children to France. As American passport holders do not require visas to go to France for short visits, the children would not have a problem going into France or returning to the U. S.

Q&A 2.

I am J-1 Student Who Came to US by Work & Travel Program and Now I Want to Change My Current Status to F-1. How Can I Do It?

My visa expires on 10th of September. I want to apply for ESL courses which start on 1st of July.

Mr. Lee answers:

Since you appear to be in valid J-1 status, it would appear that you have 2 choices – either leave the U. S. and apply for the F-1 visa at an American consul or send an application to U.S.C.I.S. requesting a change of status. The change of status application is the I-539 Application to Extend/Change Nonimmigrant Status with fee of $290 and should be accompanied by the I-20 of the school, I-20 fee (if not already paid), proof of ability to support yourself during the period of schooling without having to work, and proof of ties with your home country.

Q&A 3.

How to Benefit of Immigration Petition Based On Abandoned Green Card?

My father got his green card 5 years ago and filled an immigration petition at time for me. 2 years ago, he had an issue at Boston airport ended by my father filling I-407 because he did not meet the description of LPR ( as the office said). Now, national visa center has contacted my father to arrange for immigration visa for me. Is this petition still valid? Is there any way to benefit of it? If my father managed to apply for another immigration visa and get a new green card ASAP, would I be able to benefit of the petition?

Mr. Lee answers:

In the situation that you describe, there does not appear to be any way to benefit from your father’s immigrant visa petition as he is no longer a permanent resident. If your father manages to regain his permanent resident status, he can make a new application for you with a new priority date.

Q&A 4.

My Passport Was Stamped with a Refusal In Accordance With INA Section 217, R27039

November 2014 I travelled in USA to visit and spend with my family and bf for 2 months, then I after 2mos I exit and travelled going to Philippines for 2 weeks then go back to Washington for 2 mos and after that I travelled in Japan for 17 days and returned my ticket going to USA to spend again to my family. But after coming back from Japan I was detained by immigration (lax) for 1 days and 8hrs and they put me back on a plane to Australia. My concerns are: do I still able to come back in USA and apply my student visa, even I was deported ? How long do I have to wait to go back in USA?

Mr. Lee answers:

It appears that Customs and Border Protection (CBP) at LAX believed that you were a visa waiver entrant abuser and refused your entry. Such a refusal without more is not a deportation. You can attempt to apply for a student visa to come back to the U. S., but would have to put down on the DS-160 nonimmigrant visa application form that you have been refused entry previously.

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.