Published on Lawyers.com and the Epoch Times on October 14, 2016

Q & A.

 


My Husband Has U.S. Passport I Find Out He Lied On Application for Green Card His Identity

What happens if I report this to immigration?

Mr. Lee answers:

If your husband falsely represented himself as being a U. S. citizen on or after September 30, 1996, he would be permanently barred from the U. S. If you reported such to Immigration, it would seek to take away the green card and remove him.
 

H-4 EAD Validity After Job Change

I am about to get my I-140 (for EB2 filing) approved probably next year and as i understand under the new rule, my wife can apply and get a EAD card that she can use to start working. The question is after she gets the EAD card, if I happen to change job from Company A to Company B, how would that affect the validity of her EAD. I know that i have to start the green card process all over again but would be able to retain my priority date. But under the new rule, i am not sure how the H4 EAD will be affected in that process.

Mr. Lee answers:

As the H-4 dependent work authorization is new, there does not appear to be a rule that covers the situation that you describe. However, looking at the technical aspects of the filing, your wife would probably be able to satisfy the documentary requirements of an H-4 EAD request. 


I’m Pregnant. My Boyfriend Was Here With a Visa But His 6 Months Are Over Now He Is Back to His Home Country

I want to marry him and fix papers.

Mr. Lee answers:

Assuming that you are a U. S. citizen, you and your boyfriend generally have 2 choices if you wish to marry. You can apply for him as a K-1 fiancée on form I-129 F with U.S.C.I.S., and once approved, he would interview at the home consulate in Mexico, you would both have to marry within 90 days of his coming to the States, and he would have to file for I-485 adjustment of status to complete the process. The 2nd choice would be to go and marry him in Mexico, apply for his immigrant visa on form I-130 with U.S.C.I.S., he would interview at the consulate in Mexico, and enter the U. S. under an immigrant visa. The first process generally takes about 9 months and the 2nd a little under a year.


 

 

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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