Published on Lawyers.com and the Epoch Times on September 22, 2017

Q & A.

DACA

Would my renewal be denied if I haven’t renewed my DACA working permit over a year? I have no criminal or bad records at all. I work and go to school.

Mr. Lee answers:

DACA was terminated by the Trump administration on September 5, 2017, with a proviso that cases could continue to be processed for individuals who filed an initial or renewal request for DACA and employment authorization by September 5, 2017, or filed a renewal request by October 5, 2017 if their statuses expire between September 5, 2017 – March 5, 2018. As you do not appear to fit within either of these categories, your DACA renewal at this time would most probably be denied.

How to Apply for My Husband to Come to the U.S.?

I got married with a foreigner overseas and I am pregnant now.  I would like him to come here to the USA and to attend his baby’s delivery and get his green card too.  W got married on November 14, 2014 and I have been going back and forth to visit him.  I don’t have a job at this moment and he is the one providing the support for me.  I would like to know if he can be approved to come here with me.

Mr. Lee answers:

I assume that you are a US citizen or permanent resident of the US. You can sponsor him on form I-130 petition for alien relative and once approved, have him go through consular processing for an immigrant visa interview at the US embassy. On the question of support, you would have to fill out the I-864 affidavit of support form, but if you do not have enough to support him financially, you can have a relative or friend of means be a cosponsor and guarantee on another form I-864 that he or she will support your husband at the time that he comes here. Unfortunately I doubt that the paperwork will clear in time for him to attend his baby's delivery.

What Will Happen If I Withdraw My Green Card Application Before the Interview?

I am an international student on F1 VISA. I started my PHD at the University of Florida. I dated a girl there 2.5 years until I had to move to University of Michigan since my boss moved. I had to give up 3 years of work and start over in the lab if I would have stayed.  We were so much in love, when I was leaving Florida my girl friend said we should get married and live apart until I finish my degree and then live together.  I love her so much that I could not say no to her even I knew that it is so hard to maintain long distance relationship.  So we got married and I applied for green card.  I just had my finger print taken a month ago.  In the mean time I met a girl and fell in love in two weeks.  I am trying so hard to get rid of her from my mind but totally helpless and my wife can sense it and we are having fight so much. What to do?

Mr. Lee answers:

You appear to be in a position to choose, and it would seem that the choice is between staying with your wife and perhaps obtaining the permanent residence or going with your new infatuation. This is a choice that you would have to make yourself dependent upon the feelings in your heart. 

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.