Published on Lawyers.com and the Epoch Times on November 10, 2017
Q & A.
Adoption
I was wondering if I could bring my nice to US through adoption? He is 18 years old and I am US citizen.
Mr. Lee answers:
Unfortunately you are not able to bring your niece to the US through adoption as any adoption would have to be completed before the child turned 16 in order for Immigration to consider it for immigration purposes.
Would it Be Legally Possible for International Student to Go Inside the United States With ESTA and Then Go To Mexico and Come Back to the US?
I am a Japanese student from Japan traveling America with ESTA now. I've been here since 9/20/2017. I plan to go to Mexico in early December for a couple of weeks and then come back to America since I will be an international student at UC Berkeley for about three months. So, I was planning to re-enter into America with my student visa (F1 VISA). Will I be able to come back to America without any trouble? Or is there a certain place I have to go before coming back to America?
Mr. Lee answers:
If you already have an F-1 visa in your passport and if the schooling at UC Berkeley will start within 30 days of your reentering the US, I do not see any problems with your plan. There is no place that you would have to go before coming back to the US in the above situation. If you do not yet have an F-1 visa, you would likely have to go back to Japan to apply for one before coming back.
I Unfortunately Came Illegal to USA, but I Pay Taxes and Am Married and I Got Approved on I-130 , I-824, So Can I Apply for I-485 and I-765 Now or I-94 ?
How many more applications I need apply till I get to the application to social security and work permit?
Mr. Lee answers:
If you came illegally to the country, you would not be eligible for adjustment of status unless you also qualified for the benefits of §245 (i) in which under the most current version, you would have to have a labor certification application or immigrant visa petition filed on your behalf by April 30, 2001, and been physically present in the country on December 21, 2000. Otherwise the forms that you mention have no applicability to you except for the I-130 petition for alien relative which you say is already approved. Currently if your wife is a US citizen or LPR, you may be able to apply for the Administration's I- 601A provisional waiver program under which the 10 year bar for staying in the US illegally for at least a year is waived if you can demonstrate that a return to your home country permanently would cause extreme hardship to your spouse. The beauty of the I-601A provisional waiver program is that you can make the application, stay in the US to see its result, and if approved, schedule an interview with the American consulate or embassy in your home country. The visa interview would in all likelihood be normal.
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