Alan Lee, Attorney at Law

World Journal Question & Answers

Below are links to translations of the Immigration Q & A column that appears regularly in the World Journal. The World Journal is the largest Chinese language newspaper in North America.

February 28, 2010
1.Reader Asks Questions on Retirement Benefits for Retired USC Brother's Wife in Hong Kong.
2. Friend is Married to U.S. Citizen, and Wants to Know How Long for Her 19 Year-old Child to Come to U.S. and What Documents He Will Need to Bring to Register in College.

February 14, 2010
1.Reader Entered Without Inspection in 2005, Has U.S. Citizen Husband and 2 U.S. Citizen Children, and Wishes to Know How to Adjust Status to Permanent Residence Without Leaving States.
2. Reader Petitioned for Parents' Permanent Residence and Wants to Know If He Can Act As Their Interpreter at the Time of the Interview at Local U.S.C.I.S. Office.
3.With Final Order of Deportation and Sympathetic Factors, Reader Wonders if She Can Cancel Her Deportation Order by Writing to the Board of Immigration Appeals With Her Evidence.
4. With Final Order of Deportation and Sympathetic Factors, Reader Wonders if She Can Cancel Her Deportation Order by Writing to the Board of Immigration Appeals With Her Evidence.
5. Guangzhou Sending Marriage Case Back to U.S.C.I.S. and Reader Wonders What Are the Best Steps to Take at This Time.

February 7, 2010
1.Friend Obtained Green Card Through Mother's Petition Without Informing That Mother Passed Away. What is the Danger?
2. Asylum Derivatives Filed I-485 Adjustment of Status Applications in June 2007 and Child Needs Green Card Now. What to Do?
3. What is Effect on Naturalization Application for An Asylee Green Card Card Holder Whose Mother is Very Sick in China?

January 17, 2010
1.Can I Obtain My Green Card Without a Valid Passport?
2.How to Upgrade Daughter's Category, but We Ask to What Category?
3.Questions of What Consequences if Mom Overstays or How Long to Process Her Green Card Later If She Goes Back to China

January 3, 2010
1.How to File for Adjustment of Status for An Asylee
2.B-2 Visas for Parents and What a Consular Officer Looks At
3.Derivative Son Should Qualify for Section 245(i) Through Aunt's Petition for His Mother

December 6, 2009
1.What Can a Wife Do Whose Husband is Abandoning Her for Someone Else and Is Planning to Sponsor That Person for Permanent Residence and Citizenship?
2. In My Adjustment of Status Application, Should I List My Political Crime and Arrest and Was my Sneaking Into the U.S. a Crime Involving Moral Turpitude?
3. What Is the Better Choice for Our Daughter in China to Immigrate to the U.S. -- Under Our Petition with 2007 Priority Date or Through Marriage to a U.S. Citizen?
4. As a U.S. Citizen, What Do I Need to Do to Apply for My Parents and My Sister's Family?

November 29, 2009
1.How Can I be Sure That I Will Not Be Blocked from Entry with My Green Card Since I Suspect that a Bad Person in My Home Government May Accuse Me of Some Small Faults?
2. When Can I Submit my Naturalization Application? Should I Stay in the U.S. Until I Get My Citizenship? And How Long is the Process?
3. My Priority Date Has Already Passed -- Am I Too Late to Apply for Adjustment of Status? Please Describe Filing Process If I Can Put in the I-485 Application Now.
4. I Just Got the I-130 Petition Approved for My Unmarried Daughter that I Filed in 2008 As a Green Card Holder -- Can I File the I-485 Application For Her Now?
5.My Grandmother Is In China And I Want Her to Visit Us -- What Do I Have to Do to Assist Her to Get a Visa?

November 1, 2009
1.Reader Asking About Leaving the Country for a Long Time; Giving Up the Green Card; Later Being Sponsored by Her Daughter; and Her Daughter Sponsoring Her Son Also.
2.Reader Does Not Wish to Swear Oath of Allegiance or Salute the Flag During Naturalization Process for Religious Reasons - Is It OK?
3. Is There Any Way for Immigration Officials to Know How Long I Left the U.S. When I Re-enter With My Green Card?
4. How Can I Move My Case From a Recommended Asylum Approval to a Final Asylum Approval Since It Has Already Been Almost Five Years?
5. On the Affidavit As Support, Will Anyone Know That the Petitioner, My Sister, Has Filed for Bankruptcy? Can I Be a Co-sponsor?
6.How Can I File for a Replacement Green Card Since Mine Eexpires in 2009? What's the Procedure?

October 25, 2009
1. After Student Visa Has Expired for Five Years, Can My Friend Get Another Student Visa, Apply for Work Card, Adjust Status After Marriage or What Is the Best That She Can Do?
2. What Are the Rules for 3-Year Naturalization Through Marriage to a U.S. Citizen When We Want to Divorce and How Long Will the Process Take?
3. How Can My Husband be Included in My Asylum Claim When I Am Here, He is in China, and We Never Registered the Marriage?
4. What Can I Do When I Got My Adjustment of Status Through Marriage Without Interview Last Year and My Children With K-2 Statuses Still Have Not Been Approved? Can They Travel?

October 19, 2009
1. Friend who Sneaked into the U.S. This Year Wants to Marry U.S. Citizen or Apply for Political Asylum and Wants to Know Smooth Way to Receive Legal Status.
2. U.S. Citizen Holding Taiwan Passport Wants to Know How to Protect his U.S. Citizenship if Going Back to Taiwan for Over Year in 2010.
3. Applicant with Two Crimes, Drunk Driving Reckless Endangerment and Falsified Document, May Still be Able to Immigrate to the States.

September 20, 2009
1. My I-20 As a Student Has Expired in May and I Was Not Accepted for Graduate School -- What Are My Options?
2. I Am Currently an F-1 Student in a Bachelor's Program and Want to Work - What Can I Do?
3. Reader Can Adjust Status to Permanent Residence Although Illegal Under the CSPA Since I-130 Petition Took Years to be Approved.
4. My H-1B Employer Does Not Want to Sponsor Me and It Is Already the Fifth Year - What Options Do I Have to Stay Legally and Get My Green Card?

September 13, 2009
1. Having an Asylum Green Card, and Being Charged with Prostitution, Will This Affect My Entering the Country or Filing Immigration Papers for My Family Members Overseas?
2. Seven Year-old Son Has Left U.S. for Over One Year Without Reentry Permit. Can He Now Come on His Green Card?
3.With Political Asylum, Can I Safely Return to China If I Get my Green Card Based Upon Marriage to a U.S. Citizen?
4. Reader Wonders What to do Since I-824 Application to Obtain Duplicate I-130 Approval is Delayed, and Whether an Immigration Officer Will Know How Long He Has Left the Country.

August 23, 2009
1. I Was Arrested for Shoplifting a Few Months Ago - Am I Still Eligible for Naturalization?
2. As an Overstay, Am I Eligible for the Green Card Lottery Program, and Can I and My Family Get Legal Status If I Win?
3. Can I Transfer My I-130 Petition for My Daughter to My Husband Since He Became a U.S. Citizen, and What is the Effect of My Daughter's Marriage?

August 16, 2009
1. Does Mother Who is 96 Years Old and Has Been in the U.S. for Over 10 Years Have to Take the Naturalization Test in English?
2. What is the Effect of Being Approved for a FAFSA Application for Financial Aid on My I-864 Financial Sponsor?
3. I Got the I-130 Approval Notice for My Son and His Priority Date is Coming Close. What Can I Do?

August 2, 2009
1. Reader is Worried About Filing Joint I-751 Application to Remove the Conditional Basis of Husband's Permanent Residence Based Upon Marriage Where He Does not Live With Her.
2. Mother Has Been Outside the U.S. for Almost Six Years and Son Worries About Problems that She Will Have Trying to Re-enter with Her Green Card.
3. Mother Has Left the U.S. Almost Two Years and Plans to Return Now. Will She Have a Problem Keeping Her Green Card?

July 20, 2009
1. Third Preference Employment Based Case with Approved I-140 Petition and Priority Date in October 2005 Has not Heard Since August 2007. What to do or to Worry About Concerning Time and Background Checks?
2. Reader Heard that Asylee Who Returned to China Had Green Card Taken Away at Naturalization Interview and Wants to File for Naturalization Although He Extended Passport and Traveled to China Two Times.
3. Reader Has Bad Credit and Wonders When and Whether He Can Do the Affidavit of Support for His Parents in This Consular Immigration Case.

July 7, 2009
1. Ordered Deported, Can I Reopen My Case Since My U.S. Citizen Sister Applied For Me, My Parents Are Green Card Holders, and I Am From China With Two Children?
2. Ordered Removed, Can I Reopen My Case Since I Came Into the Country With a Fake Passport, Married a U.S. Citizen, and We Have One Child?
3.What Can I Do Since I'm Getting Close to the End of My H-1B Maximum Period of Stay and the Company Does not Want to Sponsor Me For My Immigration at this Time?
4. I Got My Asylum Green Card from China. Do I Need the Chinese Passport for My Naturalization?
5. Can My Nephew's Family Easily Re-immigrate to the U.S. After Returning There in the 1990's After Getting Their Green Cards? If Not, Can My Nephew Get a Student Visa for His Advanced Study

June 14, 2009
1. As LPR, Filed for Unmarried Son and He Later Married. Can We Keep Old Priority Date Since I Just Became a U.S. Citizen?
2.Husband Committed a Crime and Did Not Go To Immigrant Visa Interview at AIT Over a Year Ago - Can He Go for Interview Now and What To Do About the Crime?
3. Left Out Fiancee's Daughter on My K-1 Petition and Case Is Now in Guangzhou - What's the Best Way to Solve the Situation?

June 7, 2009
1. Baby Will be Born in June and We Will be Returning to China - What Steps to Take to Legally Establish Her U.S. Citizenship?
2. It Took Five Years (2002-2007) for Me to Receive My Regular Green Card from Political Asylum. Can I Apply for Naturalization Now?
3. I Just Got Married to a U.S. Citizen; My H-1 Status Has Ended; and My Parents Filed I-130 for Me Before - What Do I Do Now to Transfer My Sponsorship?

May 17, 2009
1. I-824 Approval is Lost - What Can I Do?
2. Can I Immigrate My Father With the Help of a DNA Test Since I am Illegitimate?
3. Holding A10 Card, Can I Adjust to Permanent Residence After Using Fraud Document for Entry If I Marry a U.S. Citizen?
4. What is My Status Since I Was Under B-1/B-2 Status When I Applied for I-485 Adjustment of Status to Permanent Residence?

May 10, 2009
1. Divorce was Done in Las Vegas, but a Court Judgment in China Says No Divorce. Can I Legally Marry Another in the U.S.?
2. Can I Apply for Medicare and What Are the Limits on My Reentry Permit for Trips Overseas?
3. What Can My Wife Do About Her Naturalization Since It's Already Been One Year Since She Passed Her Test?
4. As a Former Communist Party Member, Can I Become a U.S. Citizen?

May 3, 2009
1. Husband had bad lawyer, took voluntary departure, did not leave, was arrested and deported; had approved labor certification, was eligible for 245(i) and I am a U.S. citizen. What are the chances if we appeal to the Circuit Court?
2. I Am not Able to Financially Sponsor My Wife for Immigration and My Sister Has Reneged on Her Promise. What Can I Do?

March 29, 2009
1. What is the True Date of My Permanent Residence, and What Kind of Residence Do I Have to Have to Satisfy the Naturalization Requirements?
2. How Can I Add in My Brother-in-law's Information on My I-130 Petition for My Sister Since They Just Got Married?
3. What Can My Wife Do About Her Naturalization Since It's Already Been One Year Since She Passed Her Test?
4.Is There Any Way That I Can Be Employed As a Nurse Since I Just Passed the RN Examination and Currently Hold F-1 Student Status?

March 16, 2009
1. Persons Holding Unexpired Green Cards Are Encouraged by DHS to Change to New 10 Year Green Cards
2. Reader Hears that Hong Kong Residents Over the Age of 70 Can Come to U.S. Without Visas. True?
3. My Friend Lost $10,000 At a Casino. Is He Eligible for Naturalization?
4. How Can I Bring My Four Year-old Nephew From Taiwan to Live With Us for 4-5 Months?
5. Reader Committed a Crime for which He Was Not Arrested, Only Detained At a Store, and Wants to Know the Consequences of Putting the Information on the N-400 Form for Naturalization.

March 8, 2009
1. Overstayed F-1 Visa Holder Thinking About Marriage to a U.S. Citizen As a Way to Become Legal, But There Are Consequences and She May Have H-1B Option.
2. With Multiple Trips Outside the United States, Am I Still Eligible for Naturalization?
3. Reader Will Apply for H-1B Visa and Wishes to Know Options If He Is Not Selected Under the H-1B Numbers Cap.

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Copyright © 2003-2010 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.