Published on Lawyers.com and the Epoch Times on October 28, 2016

Q & A.

Can My Wife Still Change Her Status From F-2 To F-1, Without Having Her Visa Stamp?

My wife lost her passport with valid visa, she is in legal F-2 status, can she still change her status from F-2 To F-1, without having her visa stamp?

Mr. Lee answers:

In order for your wife to change status from F-2 to F-1, she needs a valid passport. Assuming that she gets a new one, she is allowed to change her status as long as she proves that she is still in legal F-2 status at the time of the request. If your wife does not have an I-94 entry/exit card, she can go online to the CBP (Customs and Border Protection) website to print out her entry information, and submit that along with other documentation including her dependent I-20 form. 

Green Card Filing – EB-1 Category - Spouse Last Name in Birth Certificate and Passport Are Different

My spouse last name in passport is like "XXXX YYYY". Here 'XXXX' is her grandfather name and 'YYYY' is her father name. In birth certificate she has her parents name only. ie. YYYY (father's name). 'XXXX' is missing. When i file my GC, will it be an issue and will i get an RFE? If so, what should i do fix this issue upfront?

Mr. Lee answers:

Looking at your fact situation, the grandfather’s name appears to be in the position of almost the middle name, so the way it looks is that your spouse has a first and last name on the birth paper. That may be good enough for most immigration examiners. I suggest that if you can, you should have the birth certificate name also entered on her passport.

Coming to the U.S. on the Visa Waiver Program

I have been in the US traveling on the VWP for just over 2 months and will be returning to the UK on November 15th, this is my very first time in the US. I would like to come back out to the US again around the 20th of December for a short stay. Will I have an issue at US Customs and Immigration because of my previous stay being so long?

Mr. Lee answers:

You may be asked why you are coming back a month after leaving the U. S. If you have a satisfactory response, you should be able to be admitted, especially since this is only the 2nd time that you will have come to the U. S. Your staying here for just over 2 months is not considered long, and the concern would be your coming back so quickly after leaving. 

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.