Skip to main content
Lisa Ann Yankey

Lisa Yankey’s Answers

86 total


  • Because of my husband citizenship interview could i be deported?

    My husband had an interview for citizenship and the officer ask him questions about me too (I am a permanent resident) the officer asked if when we got married I had a visa or I was living here with no papers (I was living here with no papers) my...

    Lisa’s Answer

    Your husband lied in the citizenship interview, and you lied by omission in your green card interview? I advise clients to be truthful with immigration. Don't file for something unless you're eligible for it. I don't think a "good" lawyer helps you get away with lying. Lying for an immigration benefit is very serious.

    See question 
  • Do I have to prove that I'm single in home country I-130, I-485?

    I'm in US on H1b visa and just got married to my USC husband, I'm preparing paperwork to file greencard, I've been here for 5 years. I wonder if i have to submit a letter to confirm that I'm single in my home country? I read somewhere that people...

    Lisa’s Answer

    If you both have never been married before, and you both indicate that you have never been married before on your forms, then that is acceptable. If you have been married before and divorced, then you would need to provide the orders for the divorce. If your home country has some sort of other procedure for finalizing divorce (like a requirement of publishing), then you would also have to provide that proof. Basically, wherever the divorce occurred, you'd have to get enough evidence to show that the divorce was final, and that it was final before you got married again.

    See question 
  • Working permit

    I have a F1 visa but i am out status. Can I apply for working permit or social security ?

    Lisa’s Answer

    In order to get an Employment Authorization Document you have to fit into a category that can apply for one. Look at the instructions for Form I-765 and see if you have a way to fit into one of the categories listed: http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

    See question 
  • How to prove spouse's physical presence?

    Both spouses are applying for green card based on asylum. Only the husband's name is on the lease and the wife is mostly stay at home, so she doesn't have official documentation to price physical presence. How can she prove her 1 year physical pre...

    Lisa’s Answer

    Her name can be listed as a resident on the lease. It's possible to use alternative evidence in these cases, but once you get into alternative evidence you would really benefit from having a lawyer. If you are low income and cannot afford an attorney, there are many organizations in the New York area where you can get help from a low cost or free attorney to help you with something like this. Also, if you are low income you can qualify for a fee waiver for the I-485 government fee (last time I checked on this, asylees did not get an automatic fee waiver on these like refugees do).

    See question 
  • Does probation get canceled since I was deported?

    I received a 6 year probation for a felony charge. After completing the first year, I was deported because I was only a US resident and not a citizen. Since I have been removed from the country, does that, in effect, cancel the terms of my probation?

    Lisa’s Answer

    You should still have the contact information for your probation officer. Contact your probation officer to check. A probation violation can result in a warrant that can catch up to you many years later.

    See question 
  • USCIS call-in-letter after expediting request

    I got a call-in-letter from USCIS some days back asking me to come in for an interview. My spouse is in the Navy and based in a different state cos that is where his duty station is, our interview was initially scheduled for a USCIS office in the ...

    Lisa’s Answer

    Since he's military he should have access to some sort of legal help, especially when he's deployed. Have him ask about it.

    The best way to clear this up (without an attorney) is to make an Infopass appointment. https://infopass.uscis.gov/

    See question 
  • Can I make fingerprints for I797c removing conditions in another state?

    Im living in Boston, and while filing the I751 I made a change of mailing address to OH in care of my friend,, because i wasnt in USA for a while, they sent her an appointment for me, but the office mentioned in the letter is in OH, can I still d...

    Lisa’s Answer

    Make an Infopass appointment to talk to your local office about it and see when they do walk-ins for biometrics. The biometrics go into a central system so it's technically ok if you get them done at a different office from where you had your appointment. I'm not saying it's for sure not going to cause issues, because this is a big bureaucracy we're talking about here. Your I-751 will probably have an interview, so you can start thinking about how you're going to deal with that. Ask about it at the Infopass appointment.

    See question 
  • Is it likely to hold a F1 student visa & a B1B2 visitor visa at the same time traveling Costa Rica for one week then come back?

    As a Chinese passport holder, I obtained my one-year F1 student visa in 2014 which will be soon expired in Apr. 2015, OPT application is in process, while the expiry date of the extended stay will only be shown in the updated I20 doc. but not in o...

    Lisa’s Answer

    You hold the status that you last entered in. I think you are a bit confused on the process and pitfalls - here is a link with a lot of detail: http://www.isso.cornell.edu/immigration/visas/docsfortravel.php

    See question 
  • Will I be able to apply for a work permit after 150 days of asylum while the clock is stopped due to a change of an address?

    I applied for Asylum in Iowa and received the notice in July of 2014. I did the fingerprints in Nov. and I haven't received notice for interview until this date. I graduated from college (I have an F1 visa) and currntly working at an engineering f...

    Lisa’s Answer

    Asylum cases are difficult to win, and they are even more difficult if you don't have an attorney.

    With regards to your question about work authorization - as long as 150 days have elapsed before the clock stops, you can apply for work authorization.

    See question 
  • Hello I am merried almost 6 years now I only have 2 years greencard can I apply citizen since we been merried 6years

    When I was apply gc I been merried 4 years now about to experid insted apply removal condition can allowed to apply us citizen my merried been good faith since be and now the only we apply late my gc bcoz financially probs my husband he layoff he...

    Lisa’s Answer

    Yes, as others have mentioned, it's the time you are an LPR and married, not just the time you are an LPR. You cannot file for citizenship instead of filing the petition to remove conditions on your LPR.

    See question