Published on Lawyers.com and the Epoch Times on September 28, 2018
Q & A.
Can Someone be Deported Without Seeing a Judge?
My son's father was here for over 15yrs. His current wife filed for divorce without telling him. When he went to his check in that he goes to every 6 months they detained him and deported him without seeing a judge. My son and I were both born here.
Mr. Lee answers:
Generally speaking, aliens are entitled to a hearing before an immigration judge before being deported. In your fact situation, I assume that you are saying that your son's father had to check into Immigration every six months. That is a procedure used for individuals who have already seen the immigration judge and received a final order of deportation. They are then given in some cases an order of supervision which allows them to stay temporarily while DHS Enforcement Removal Operations attempt to make arrangements to send them back to their home countries. During check-in's, such individuals are sometimes taken, detained, and finally deported.
I Have My Permanent Residence Card in Arizona. Can I Move to California to Get My Citizenship?
Mr. Lee answers:
There is nothing that precludes a permanent resident in Arizona from moving to California and applying for citizenship there. There is, however, a 90 day state residence requirement before you can file for naturalization.
H-4 & H-1B Visa Stamps
I have valid H-1B stamp from employer A which I never used. I have never travelled to USA. I went for H4 stamping and Visa Officer asked why I have not used my H-1 yet. And he issued me 221g asking travel plan from employer A and kept my old passport which have valid H-1 stamp. But employer A is not responding. Look like there is no opportunity with the employer A. Can I visit embassy with 221g and ask them to cancel my H-1B and continue with H-4? Is it safe? Will it impact my future H-1 transfer?
Mr. Lee answers:
I will assume that this was your first H-1B and that it is not cap exempt, and your question has to do with whether you can keep the cap number if the Embassy cancels the H-1B at this time. Generally speaking, a number is preserved if the H-1B has been stamped in your passport and it is already past October 1. It is difficult, however, to say whether canceling your H-1B and continuing with the H-4 at this time would allow you to have a safe H-1B transfer in the future as questions could arise of whether there was an actual job or whether you intended to take it that could have an effect on the decision of U.S.C.I.S. or the US consulate or embassy if you later wish to have your passport stamped with a visa.
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