Alan
Lee Esq.
- Contact Information
- Directions
- About the Firm
- Processing Times
- Visa Bulletin
- Articles
- 2013-03-02 - Article "Notes From the 2/26/13 U.S.C.I.S. Teleconference on I-601A Provisional Unlawful Presence Waivers." (English)
- 2013-01-22 - Article "I-601A Summary and Comment" as published in the Immigration
Daily on January 21,2013
- 2013-01-21 - Article - I-601A Summary and Comment (English)
- 2012-12-05 - Article "
H.R. 6429 Another Zero Sum Game That Does Not Have To Be, Disturbing News For China EB-5 Picture, More Reason To Appeal USCIS Decisions" as published in the Immigration
Daily on December 5, 2012
- 2012-07-03 - Article "Arizona v. United States a Decision for Immigrant Rights." as published in the Immigration
Daily on July 2, 2012
- 2012-06-30 - Article "Arizona v. United States a Decision for Immigrant Rights." (English)
- 2012-06-05 - Article "I-601 Provisional Waiver Moving Forward As Public Comment Period Ends." as published in the Immigration
Daily on June 4, 2012
- 2012-06-02 - Article "I-601 Provisional Waiver Moving Forward As Public Comment Period Ends." (English)
- 2012-05-25 - Article "Recent Board of Alien Labor Certification Appeals (BALCA) Decisions of Interest" (English)
- 2012-03-30 - Article "Examination of EB-2 Visa Demand Vis-a-Vis H.R. 3012" (Part 3) (English)
- 2012-03-27 - Article "Examination of EB-2 Visa Demand Vis-a-Vis H.R. 3012" (Part 2) (English)
- 2012-03-23 - Article "Examination of EB-2 Visa Demand Vis-a-Vis H.R. 3012" (Part 1) (English)
- 2012-02-23 - Article "H-1B'S To Move Faster; Perm Approval Stats Down; AAO Adjudication Times Too Long; L-1 Visas Using Reciprocity Schedule Instead Of Petition Validity Dates; China Non-Immigrant Visa Processing Speeding Up.
" as published in the Immigration
Daily on February 21, 2012.
- 2012-01-23 - Article "Updates on Immigration: PERM Stats, New Mexico Driver's Licenses, and USCIS Notice of Intent"
as published in the Immigration
Daily on January 23, 2012
- Article - U.S.C.I.S. Issues Notice of Intent to Issue Rule to Allow EWI Immediate Relatives of U.S. Citizens to File and Have I-601 Waiver Applications Adjudicated in U.S. Before They Decide to Interview Overseas for Immigration. (English)
- Article - "Exiting the Year on H.R. 3012, K-1/K-2 Issues, and H-1B Marketing Manager /Marketing Research Positions Contretemps."
(English) & as published in the Immigration
Daily on January 3, 2012
- Alan Lee's Nonprecedent AAO Victory Finding Extreme Hardship and Granting Fraud Waiver to Wife of USC, as Digested and Published in Interpreter Releases, Vol.88, No. 42 (October 31, 2011), the leading weekly immigration law periodical.
- Article - U.S.C.I.S. EB-5 Quarterly Stakeholder Engagement Yields Some Answers to EB-5 Processing. (English)
- Article - "Motions To Reopen Requiring Exercise Of Prosecutorial Discretion - Should They Be Treated More Kindly Under Administration's New Policy? Filing I-130 Petitions Overseas With U.S.C.I.S. Now; Entry Without Inspection (EWI) With Inability To Immigrate May Have Solution
" as published in the Immigration
Daily on September 12, 2011
- Article - "Administration Puts Secure Communities Imbroglio To Rest With Prosecutorial Discretion Applicability To 300,000 National Immigration Court Caseload
" as published in the Immigration
Daily on August 31, 2011
- Article - "September Visa Bulletin Shows Significant Gains In F-2A And EW-3 Categories And Raises Questions Concerning Prior Retrogression Dates" as published in the Immigration
Daily on August 16, 2011
- Article - "ICE Halfway Solution Not The Answer To Secure Communities Problem
" as published in the Immigration
Daily on June 20, 2011
- Alan Lee Talks to Chinese United Association of Brooklyn as published in the SingTao Daily on June 8, 2011
(English) (Newspaper Clipping)
- Alan Lee Speaks on Immigration to United Chinese Association of Brooklyn on May 15th Concerning L-1A Intracompany Transfers, EB-5 Investment, and PERM Labor Certifications. (Part 3) (English)
- Alan Lee Speaks on Immigration to United Chinese Association of Brooklyn on May 15th Concerning L-1A Intracompany Transfers, EB-5 Investment, and PERM Labor Certifications. (Part 2) (English)
- Alan Lee Speaks on Immigration to United Chinese Association of Brooklyn on May 15th Concerning L-1A Intracompany Transfers, EB-5 Investment, and PERM Labor Certifications. (Part 1) (English)
- Article "Ten Interesting Tidbits to Help or Let You Understand Your Immigration Case
"as published in World Journal Weekly on May 15, 2011
(English)
- 2011-04-25 - Article - "Some Of The More Recent Department Of Homeland Security Immigration Related Programs, Systems, Added Requirements And Internet Inspections With Which You Should Be Familiar
" as published in the Immigration
Daily on March 31, 2011
- 2011-03-21 - Article "Important Developments in Labor Certification Applications, Part III" as published in World Journal on March 20, 2011 (English)
- 2011-03-14 - Article "Important Developments in Labor Certification Applications, Part II" as published in World Journal on March 13, 2011 (English)
- 2011-03-06 - Article "Important Developments in Labor Certification Applications, Part I" as published in World Journal on March 6, 2011 (English)
- 2011-02-02 - Article - The Renewed Hope for Immigration Legislation in 2011. - in Interpreter Releases, Vol.88, No. 2 (January 10, 2011). Reprinted by permission of West, a Thomson business. Interpreter Release is the leading weekly immigration law periodical featuring in-depth, comprehensive analysis and authoritative coverage of legislation and regulations, cases, and agency guidance.
- 2010-11-23 - Article "New I-129 form for non-immigrant workers must soon be used; New U.S.C.I.S. fees due on 11/23/10; H-1B count up to 65,200; Chances of legalization plunge after midterm elections; Republicans plan to attack automatic right of U.S.-born children to be citizens; DREAM Act being pushed by Dems in week of November 29th. "
& as published in the Immigration
Daily on November 22, 2010 (English)
- 2010-10-06 - Article "I-130 Petitions For Alien Spouses, PERM Processing Times, H-1B Cap Numbers, And Prioritization Of H-1B Cap Case Adjudications"
as published in the Immigration
Daily on October 6, 2010 (English)
- 2010-09-02 - Article - "Apparent Public Misunderstanding Of The Scope Of USICE Memorandum On Expediting Petitions And Applications And Dismissing Removal Proceedings"
as published in the Immigration
Daily on September 2, 2010 (English)
- 2010-08-24 - Article - "Immigration Court On Line 1-800 System To Be Severely Restricted To Users - Negative Ramifications For EOIR And Aliens."
as published in the Immigration
Daily on August 23, 2010 (English)
- 2010-07-22 - Mr. Lee's Article -" Visa Bulletin Movement For August 2010 Extremely Positive For Most Countries; EB-2 Cases For China And India Continue Their Leap Forward."
as published in the Immigration
Daily on July 20, 2010 (English)
- 2010-06-29 - Article - "
Stiff Charges To Owners Of Chinese Employment Agencies That Supply And Restaurants Using Their Services to Obtain Undocumented Workers Part of New Obama Enforcement Plan."
as published in the Immigration
Daily on June 29, 2010 (English)
- 2010-05-16 - Article - "Unpublished I-601 Waiver of Fraud Decision Counts China Family Planning Policy Fears and Country's Poor Healthcare as Important Factors in Approving Case."
as published in World Journal on May 16, 2010 (English)
- 2010-05-06 - Mr. Lee's Win at Administrative Appeals Office as Reported in Interpreter Releases, Vol.87, No. 16 (April 19, 2010), " AAO Grants Waiver of Inadmissibility Based on Extreme Hardship to Applicant's LPR Mother". Reprinted by permission of West, a Thomson business. Interpreter Release is the leading weekly immigration law periodical featuring in-depth, comprehensive analysis and authoritative coverage of legislation and regulations, cases, and agency guidance.
- 2010-04-17 - Article - "Recommendations On Positive Immigration Options That The Administration Should Explore."
as published in the Immigration
Daily on April 16, 2010 (English)
- 2010-03-24 - Article - "Important Changes in Widely Used I-485 Adjustment of Status to Permanent Residence Form and Procedure."
as published in the Immigration
Daily
- 2010-03-17 - Article "Important Changes in Widely Used I-485 Adjustment of Status to Permanent Residence Form and Procedure. "
- 2010-01-05 - Article - Legalization Is Alive but Has a January 31, 2010 Deadline in Underpublicized "Known to the Government" Settlement" - in Interpreter Releases, Vol.86, No. 47 (December 14, 2009). Reprinted by permission of West, a Thomson business. Interpreter Release is the leading weekly immigration law periodical featuring in-depth, comprehensive analysis and authoritative coverage of legislation and regulations, cases, and agency guidance.
- Previous Published Articles (2010~2012) (2008~2010) (2005~2007) (2002~2004)
- Q&A
- June 16, 2013
1. Can Visa Lottery Winner Marry and Add Husband to Application After Her Immigrant Visa Interview at US Consulate?
2. Can 20-year-old Son Benefit Where Father Files for Political Asylum but Court Date is not Until 2015?
3.
What are the Birth Record Requirements and Who Can Translate the Document?
- May 19, 2013
1. Sibling of U. S. Citizen had Interview in 2011, Priority Date Backlogged, and Is Now Current – What to Do Now?
2. How to Expedite Aged Out Son’s F –2B Case, and Can the CSPA Help at This Time?
- May 12, 2013
U. S. Citizen Son Wants to Marry Taiwanese Girlfriend – Can She Come Over on the Visa Waiver Program to Be Married?
- April 28, 2013
1.Is Reader Automatically U. S. Citizen Where Father was U. S. Citizen Before Reader was Born?
2.
What to do if the B-2 Visa Extension Approval Notice is Lost?
3.U. S. Citizen Wants Older Sister to Visit and Wants to Know What She Needs to Do
4.
Can Spouse of U. S. Citizen who Sneaked into the Country and has 3 children Qualify for I- 601A Application and Can He Stay in U. S. until Getting His Green Card?
- April 21, 2013
Retired Widower has Met Retired Lady in Guangzhou and Asks the Best Way for Her to Come Over
- April 7, 2013
1. F-1 Student, Dropped out of School, Arrested by ICE, in Removal Proceedings, Went Back to School – Can He be Reinstated to F-1 Status?
2.
Previous Sponsor of K-1 Fiancée Petition Wants to File Another. Restrictions?
3.
H-1B Holder At Computer Consulting Company Asks If He Can Go To Canada To Obtain Visa Stamp
4.
Reader Asks General Question of Whether Can Obtain Green Card If in the U. S. Illegally
- March 17, 2013
K-4 Dependent Whose Mother Married When K-4 Was 18 Wants To Know What To Do As He Has Received Multiple Rejections For The Green Card
- March 10, 2013
1. Reader Asked Whether He Can Naturalize and Then Retire in China
2. Reader Asks Whether There is Visa Fraud Involved in Coming to U. S. on Visitor’s Visa to Visit Girlfriend and Discuss Possibility of Marriage with Her Brother
3.Can the Brother Sponsor His Deceased Brother’s Wife and Child for Immigration as He Has Treated the Nephew as His Own?
- February 3, 2013
1. Elderly Couple Holding Green Cards Less Than 15 Years Wish to Naturalize Without Taking the Test in English
2.What is Taking so Long on Son's Case with Approved F-1 Petition as Unmarried Adult Son of U.S. Citizen where Immigration Called to Inform in March 2012 that All Sent to U.S. Consulate in Guangzhou and to Wait for Son's Interview?
- December 30, 2012
1. Will my Last Green Card Application Sponsored by my Stepdaughter that was Rejected or Denied Affect a Future Application If I Marry a U.S. Citizen Following My Divorce?
2. Does a Child Have to File for a New Green Card at the Age of 14 When He Just Received a New 10-year Green Card Two Years Ago?
- December 23, 2012
1. What to do for Brother of U.S. Citizen with Approved I-130 Sibling Petition and Two USC Children who Stayed in U.S. Over 10 Years Illegally, had Order of Deportation, and Returned Voluntarily to China in 2009? What to do About His Wife Who is Illegal in States and Also has Order of Deportation.
2. Mother's Green Card Expired While Overseas - What Can She Do Now?
- October 28, 2012
1. Reader and Girlfriend Plan to Get Married and for Her to Adjust Status When She Arrives on Travel Visa - Is There a Danger?
2. While Being Petitioned by Green Card Parent, Son Gets Married but Then Divorced - Effect on Petition? Other Available Options?
- October 14, 2012
Reader Asks Whether She Can Do a Waiver Application of Her Husband's Crime by Herself or If She Must Hire an Attorney.
- September 30, 2012
1. Green Card Holder Through Asylum Wants to Bring Husband That She Divorced and Remarried After Asylum was Granted to the States Under Follow to Join Asylum Provision.
2. Candidate for Obama I-601A Waiver is EWI Wife with One Child and Husband Who May Naturalize.
- September 23, 2012
Divorced and Immigrated as Single Daughter Over the Age of 21 of USC Wants to Know if She Can Safely Remarry Ex-husband and Apply for His Immigration.
- September 16, 2012
1. Sister in Taiwan Wants to Give up U.S. Citizenship - What to do?
2.
Husband and Wife with G-4 Status want Immigration as Retired UN Workers, but Wonder if USC Son's Sponsorship is Easier; also Husband has Crime in Hong Kong and Wonders how He can Get the Green Card.
- September 2, 2012
1.Parents Pine for Son Who Aged Out - New Hope Under the CSPA Says the Fifth Circuit Court of Appeals.
2.
Reader Put Immigration Court Case in New York Even Though He's Living and Working in Georgia and Judge Wants Him to Put in Application That Would Show Where He Lives. What to Do?
- August 19, 2012
1.What can Happen If Persons Sponsored Under I-864 Affidavits of Support Take Means Tested Benefits
2.
Will Drunk Driving Record a Few Years Ago Keep Inquirer's Friend from Becoming Citizen?
3.
Person who Entered Without Inspection and is Getting Married to U.S. Citizen has Opportunity for Immigration Under Administration Plan for Provisional I-601 Waiver
- August 12, 2012
Green Cards Expired – Will Immigration Give Hard Time if We File for Replacement Green Cards Now?
- August 5, 2012
1. Reader who Transited Without Visa and Was Paroled Asks if He can Adjust Status to Permanent Residence as He is Married to U.S. Citizen in Bonafide Marriage.
2. Things Still Watch Out for in Changing to J-1 Exchange Visitor Status
3. Reader a Candidate for Obama Administration I-601A Waiver and Overseas Interview
- July 29, 2012
Will Drunk Driving Record a Few Years Ago Keep Inquirer's Friend from Becoming Citizen?
- July 15, 2012
Why Was Reader Told to Wait 1-2 Years by NVC When Fee Bill was Paid Long Time Ago?
- July 8, 2012
Naturalized U.S. Citizen Wants to Bring High-school Student Daughter to U.S. by Presenting Her at U.S. Airport and Explain Parentage There. Good Plan?
- June 3, 2012
1. Stepchild Does Not Necessarily Have to be Under 18 at the Time of Parent's Marriage to USC to Get a Green Card.
2. U.S. Citizen Threatening to Withdraw Spouse's Application to Turn Temporary Green Card into Permanent Green Card Because of Argument - What to Do?
3. L-1 Intracompany Transferee Switching Companies and How it Affects L-1 and L-2 Holder.
- May 27, 2012
1. Reviving a Chinese Student Protection Act (6/4) Green Card Case Denied in 1993.
2. With Case in Immigration Court, Possible Consequences Where She Will Marry U.S. Citizen, and Wants to Petition for Son that She Never Told Court Existed.
- May 20, 2012
1. What to Do If Your Husband is a Bigamist and You Still Wish to Sponsor Him.
2. Rules on Taking the Naturalization Test in Your Own Language If You Are Elderly.
- April 22, 2012
1.EB-5 Investor Wants to Know How to Preserve His Green Card If He Does Not Stay in the U.S. Very Long.
2. What Are the Options Now for B-2 Entrant Who Wants to Stay and Be Sponsored for H-1B Status?
3.Reader Wonders Whether Criminal History Will Affect His Renewing of His 10 Year Green Card.
- March 18, 2012
Sister Wants to Apply for Brother and Two Children 19 and 14 and Wonders if Petition will Hamper Children's Getting F-1 Visas from School
- March 11, 2012
1.What Are the Options for LPR's Leaving the U.S. for More Than A Year Without Reentry Permits - Can They Obtain a Waiver and Keep the Green Card?
2. H-1B Holder Nearing Six Year H-1B Maximum Has Employer Now Willing to Sponsor for Green Card and Another Company Willing to Pay More Money - Of What Should She Be Aware?
- February 26, 2012
1.How Will H.R. 3012 Affect Those From Countries Other Than China and India Who Have Pending Employment Based Applications?
2. Reader is H-1B Holder at Cap Exempt University and Wants to Know Options If He Transfers H-1B to Private Company Which Requires H-1B Cap Number. When Can He Work?
- January 29, 2012
1. What to Put Down on N-400 Naturalization Form When Spouse is Illegal?
2. Can My Mother Make a Successful B-2 Visitors Visa Application; and If So, How Long Can She Stay?
3. Can Person Granted Withholding of Removal Obtain Social Security Benefits for Time Before the Withholding Grant; and Can He be Sponsored for Green Card by USC Son?
- January 1, 2012
1. USC Wants to Apply K-1 Fiancée Visa for First Cousin
2. Extraordinary Artist is Presenting Second Employment Letter from Same Source for I-485 Application to U.S.C.I.S. $35,000 Less Than the First Letter - Will He Be Denied?
3. Reader Had Exclusion Proceedings, Section 245 (i) Protection, and Fake U.S. Passport to Falsely Claim U.S. Citizenship, and Wants to Know If He Can Adjust Status to Permanent Residence.
4.EB-5 Potential Investor Wants to Buy Existing Business From Friend Who is Retiring or Go Through a Regional Investment Center Project - What are the Factors in Making Choice?
- December 11, 2011
Reader with Immigration Case on Appeal Asks Whether She Can be Sponsored by Brother-in-law or Cousin-in-law; If She Qualifies for the 10-Year Green Card; or Under the New U.S.C.I.S. Policy Memo
- November 20, 2011
1. I-485 Adjustment of Status Pending, Principal Husband Wants Divorce from Dependent Wife. What Can Wife Do?
2.
Potential EB-5 Investor Worries Over U.S. Residence Requirement for Green Card Holders.
3.
Readers with Deportation Orders and Over 10 Years Residence in U.S. and Nine Year-old USC Child Ask if They Can Apply for 10 Year Green Cards.
4. 21st Century Meets Old Law as Couple Plans to have Baby Conceived Through Husband's Sperm in China and to Later Bring the Baby to the States.
- November 13, 2011
U.S.C.I.S. Discussing Possibility of I-601 Filing in the U.S. for Persons Having to Interview at Consulates for Immigrant Visas Could Help Reader who Sneaked Into the U.S. and Married U.S. Citizen.
- October 30, 2011
1.What are possibilities of EB-13 Immigration for Canadian with L-1 status and small company?
2.LPR Parents Wish to Give Up Green Cards and Re-immigrate in Eight Years- Viable Plan?
- September 25, 2011
Reader on Appeal from P-3 Extension Denial Wishes to Apply Under EB-1A Extraordinary Alien Classification and Wants to Know His Chances.
- September 4, 2011
Experienced Cook Who Just Came to U.S. Wonders How Long to Immigrate Through Restaurant Sponsorship.
- August 28, 2011
Reader Has Developmentally Slow Child of Three, Been Here 10 Years Plus, and Wants to Know the Chances for 10-Year Green Card.
- August 14, 2011
1.K-2 Denied at Interview for Adjustment of Status Because of No Relationship with Stepparent and Now Almost 22 Years Old Has a New Chance.
2.
I-130 Petitioner Mother Passed Away - Reader Asks How to Save the Case and If Beneficiary's Family Can Obtain Visiting Visas.
3. Asylee Dependent Wonders if Naturalization Denial was Proper and Whether She Can Get Her I-94 Card Back.
- July 31, 2011
1. What Are the Options for F-1 Student Falling Out of Status?
2. Can Reader with Final Exclusion Order Apply for 10 Year Green Card or Reopen His Case or Gain Dependent Asylum Status Through Wife?
3. Can My Sisters in Taiwan and Japan that I Sponsored for Immigration Come to the U.S. During the Waiting Time?
- June 26, 2011
1. Reader Entered Legally with Mom at Age 14, was Sponsored by Brother and Mother, Now 19 and Going to School - Asks if She Can Apply for a Working Visa.
2.
Sneaked into the U.S. 10 Years Ago, Never Arrested, and Asks About Marriage Green Card and Eligibility for Political Asylum.
3.
Reader's Family Told Truth that Brother Sponsored by Mother Married Before Mother Naturalized and Wants to Know if Case can be Saved.
- June 12, 2011
1. Good Friend Wants Daughter to Attend High School in San Francisco. How to Do It?
2. Low Income's Effect on Naturalization and Sponsoring Husband.
3.
The Rules of Cross Chargeability Speeding Up an Employment Based Green Card Case.
- May 29, 2011
Where Labor Certification of Parent was Applied in 2000 but Child was 22 at Time of Approval, Can She Still Qualify as Child Under CSPA or if not, Can She Still Qualify to Adjust Status Under Section 245(i) Where Another Petition is Later Filed for Her?
- May 15, 2011
1. EB-5 Investor on a Visitor's Visa Wants to Know How to Stay Legally While Petition is Being Adjudicated
2. What Are the Best Options for a U.S. Citizen to Bring His Girlfriend to the States?
3. EB-5 Investment May Allow Son to Immigrate Even Though Only Four Months to Age 21 and Normally Would Age-out.
4. Widow of U.S. Citizen Relying on His Retirement Pay Wants to Know What Will Happen if She Remarries and Sponsors a Chinese National.
- May 8, 2011
1. I Just Retired and My Wife and I Want to Immigrate to the States - How Do We Do It?
2. What to do About the Affidavit of Support Since We Are on Unemployment? Can We Count Unemployment As Part of Income? What Counts Towards Income for Support - Only W-2's?
- Apriol 17, 2011
1. Can My Friend who Became a Permanent Resident Through Asylum Seven Years Ago and Cannot Pass His Naturalization Test Return to China for a Visit?
2. How Can I Expedite Our Bonafide Marriage Case Which Was Just Turned Down by the Guangzhou Consulate and Should I Continue my Wife's Daughter's Case?
- March 27, 2011
1. Can A-10 Card Holder Not Able to Adjust Status be Interviewed Overseas and Return with the Green Card?
2. Can I Adjust Status to Permanent Residence As the Wife of a U.S. Citizen if I Entered the U.S. Holding C-1 and D-1 Visas?
3. Can Our Daughter Still Immigrate With the Old Priority Date from Petition Filed When She Was Unmarried Once I Become a U.S. Citizen Since She Was Forced by China's Family Planning Policy to Register a Marriage After She Became Pregnant?
- February 20, 2011
1. Green Card Has No Expiration Date. Is It Still Valid?
2. I Am U.S. Citizen with a Boyfriend in China. What Are Our Options?
3. As F-1 Student with Much Working Experience, Please Evaluate My Options for Immigration Through Work.
- January 23, 2011
1. Cousin is an F-1 Student and is Worried About Being Able to File for Political Asylum Within One Year of Coming to the U.S. - Wonders If He Has No Hope of Filing After One Year.
2. Why Did the Family Visa Categories Go Backward So Awfully in the January 2011 Immigrant Visa Bulletin?
3. Will Paying $404 Visa Fee for My 23 Year-old Nephew Give Him an Immigrant Visa With My Brother and His Wife?
|
- January 2, 2011
1. Political Asylum Applicant With Court Date Next Year has Wife who Became Permanent Resident and Wants to Know Whether to Continue Court Case or Go Through Wife's Application for His Green Card.
2. U.S. Citizen in Taiwan who Married Wife in China Wants to Process Her Immigrant Visa at the AIT - What Are the Possibilities and How Long Can She Remain Overseas with the Green Card?
3. Reader Petitioning for Sister Wants to Know What Effect the Taking of Food Stamps Will Have on Sister's Immigrant Visa Application - Whether to Stop Food Stamps Now?
- December 26, 2010
1. K-1 Fiancee of U.S. Citizen Who Did Not Marry Sponsor Asks About Her Options After Marrying a U.S. LPR and Having Three U.S. Born Children.
2. On the I-864 Affidavit of Support Form, How do I Count My Income - Is It the Annual Income or the Tax Filing Amount?
3. Principal Alien Does Not Want Husband to Immigrate Now and Wants to Know the Limitation on Time for Him to Use the Follow to Join Category.
4. Can B-2 Visa Holder Adjust Status in U.S. When Sponsored by a Green Card Holder Wife?
5.
Reader Wonders Under What Circumstances U.S.C.I.S. Will not Approve Naturalization on Date of Interview Even Where Applicant Passes English and U.S. History and Government Tests.
- December 19, 2010
1. I Changed My Status to F-1 Student and Want to Return to China for a Visit but Am Afraid Because I Left Out a Big Fact When I Applied for My Visiting Visa.
2. F-1 Overstayed Reader has Married Husband who Received Political Asylum Green Card in the Same Year as Marriage and Asks if She can Adjust Status Through Her Husband and Under What Conditions.
3. Parent with F-1 Student Status Must Return Overseas and F-2 Child Cannot Obtain an F-1 Status for Another Year -- What to Do for Child to Remain in States?
4. What Are the Rules of Porting My I-140 - and Is My Lawyer or Immigration Right?
5.
What is the Extra Certification that I Need for my H-1B Application and Why is U.S.C.I.S. only Giving 30 Days for Me to Get it?
- November 21, 2010
1. Reader Has Political Asylum from 2003, yet Has Aadjustment of Status Application Still Pending Even After Going to Court at Request of FBI in 2005 - What To Do?
2. Petitioner for Brother and His Family Has No Job, Only Rental and Interest Income, and Asks If It Can Count as Wages Income and If It Is Enough for Financial Sponsorship.
3. USC Wife With Two USC Children, One With Cerebral Palsy, Wonders How to Handle Husband's Situation Who Has Voluntary Departure and Did Not Leave.
- November 14, 2010
1. Can I Qualify as a Special Case for Immigration Since I Heard that the Obama Administration is Giving Special Treatment for Certain Sympathetic Cases?
2. Why Labor Certification substituted Alien not Allowed to Adjust Status Under Section 245(i)
3. National Visa Center is Sending Immigration Paperwork to Applicant Far in Advance of the Priority Date Being Available - Why? How to Get Co-sponsors for 11 Applicants?
4.Reader's Case May be Caught in the Jurisdictional Divide Between U.S.C.I.S. and the Immigration Court.
- August 29, 2010
1. Delayed Naturalization Due to Background Checks - For What Reason and What To Do?
2. Can My Son File for Adjustment of Status With I-130 Receipt (Approval Was Lost) and a Copy of My Naturalization Certificate or Must I Do Something Else?
3. Petitioner Filed I-130 for Son While in Washington D.C., Was Naturalized After I-130 Approval, and Whole Family Moved to Hawaii - Where To and How Should We File Son's Adjustment of Status? How to Upgrade the Category Since I Became a U.S. Citizen after the Approval?
4. Here 11 Years and With 3 Children and With Failed Labor Certification Case From March 2001, What is the Best Option to Take to Immigrate?
- July 25, 2010
1. Reader Asks if He Must File for Extension of Green Card Since He Has Filed for U.S. Citizenship.
2. F-2B Case for Son Was Stopped Automatically by Law Because of His Marriage - Does Parent Have to Notify the Agency? How to Add His Wife and Daughter on His F-4 Case At This Time?
3. How to Have the Children Come Back to the U.S. 10 Years From Now If They Give Up Their U.S. Citizenships Now to Reside With Parents in China?
- July 18, 2010
1. Reader Wishes to Bring Over 70 + Year-old Parents Under B-2 Visas; Wants to Know if He is Qualified and What is the Procedure.
2. Son Arrived As LPR in 12/09, Does not Yet Have a Green Card, and Wants to Return for a Visit to China. - What to Do for Green Card and Visit?
3. F-1 Student Grandson's High-school I-20 Expires in June and College I-20 Does Not Start Until September - Can He Stay Since He Will Have Military Service If He Goes Home? When His Mother Gets Her Green Card, Can He Adjust Status in the U.S.?
- June 27, 2010
1. USC Mother Has Been Living With Father In China For Past 10 Years And Her I-130 Petition Was Recently Denied - What Are The Options Now?
2.
Denied LIFE Act Applicant Who Initially Sneaked Into The Country And Was Later Paroled Back In Wonders If He Can Get A Green Card Through Marriage To U.S. Citizen.
3.
My USC Husband Died In 2009 And My Case Was Denied In 2008- What Can I Do Now?
- June 13, 2010
1. Can Reader Get Credit for One Year Four Months of 6 Year Maximum Time in H-1B Status That Reader Was in China?
2.
With Case on Appeal to BIA, What Can Reader Do If His Employer Closes The Restaurant?
- June 6, 2010
1. Can Reader With Exclusion Order Adjust Status to Permanent Residence With I-122 Card Given at Entry?
2. MBA Reader Needs to Choose Between Two Possible Sponsoring Employers -- Which One?
3. How Can Reader Get Employer to Sponsor Under EB-2 Instead of the EB-3 Category?
4. What Are the Best Ways to Sponsor My Parents and My Brother?
- April 18, 2010
1.Brother's green card was taken away at the airport for not staying long enough in the U.S. What are his options now?
2. Reader wants to know the rules of naturalization after having just received permanent residence.
3.
Reader is agonizing over whether to put down on naturalization application his incident of arrest by private security at a store which concluded with admonishment.
4.
Procedure for Filing a Sibling I-130 Petition
5.
Must Reader File For Replacement Green Card Which Is Now Expired Since She Is Ready to Apply for Naturalization?
- March 28, 2010
1.Brother-in-law Owes $20,000 in Child Support Related to Former Marriage. Will That Affect His New Wife's Immigration?
2. Does the Child Whose Parent Has An Approved I-130 Immigrant Visa Petition Have to Mention that He Has Already Applied for Immigration When Applying for F-1 Student Visa?
3.
What Options Are There for a Conditional Resident Through Marriage Who Will Have a Child With Another Man But Must Later Apply to Remove the Conditional Basis of Residence Status?
4.
Political Asylum Green Card Holder Wants to Apply for 3-Year Naturalization Based on Long Marriage to U.S. Citizen Husband. Can She Do It?
- 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
- Previous Published Q & A
(2011~2012) (2008~2010) (2005~2007)
(2002~2004)
|
|
|
|
|