Published on Lawyers.com and the Epoch Times on April 14, 2017
Q & A.
Can a DACA Recipient Who Is the Son of a Permanent Resident Adjust Status?
I am 20 years old. My mom, dad, and brother overstayed our visas. I do have an I-94 record. My Dad is a permanent resident.
Mr. Lee answers:
If your father becomes a US citizen and files a petition for you before the age of 21, you would be eligible to adjust status to permanent residence as the immediate relative of a US citizen. Failing that, you would only be adjustable if you are entitled to the benefits of §245 (i) under which your father would have had a labor certification application or immigrant visa petition filed by April 30, 2001, and be physically present in the States on December 21, 2000. However, even in that scenario, your case would fall under the F-11 category as the adult son of a US citizen and you would have to wait for that quota to clear before you could file for adjustment of status. That category has a 8-9-year backlog for people born in most countries of the world. I note that with 245(i) benefits, your father could sponsor you under the F-2B category as the unmarried adult son of a permanent resident and the waiting time would be approximately 7-8 years.
DV Lottery
I am one of the lucky selectee of 2017 lottery, on my interview day everyone was asked to swear but the officer did not ask me to swear, does it mean anything?
Mr. Lee answers:
Sometimes officers do forget to place people under oath before interviewing them. As long as the case is approved, the lack of placing you under oath is of no consequence.
Can I Travel by Air Through Temporary ID in State of US
I'm a victim of domestic violence and I am staying in safe house in Atlanta, GA.I want to move to Seattle, WA. I don't have a permanent ID. Can I move to Seattle by air through temporary ID.
Mr. Lee answers:
It may be very difficult for you to do so with a temporary ID. Looking at the more liberal forms of identifications required by the Transportation and Safety Administration (TSA) on its website, a foreign government issued passport is OK along with driver’s licenses or other state photo ID cards issued by the Department of Motor Vehicles (or equivalent). I also note that the TSA may soon start enforcing a law that requires states to comply with a set of federal standards when issuing driver’s licenses in order to allow people to board airplanes.
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