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Tzu-Kai Lo

Tzu-Kai Lo’s Answers

11 total


  • How Can I petition for my wife if we both live in mexico and i am a US Citizen? Will the process take long?

    Have been married since 2006 and have a 2yr old baby she has a border crossing card that she uses when we come to the states for shopping. I work in the US, but live in Mexico. I want to Petition her for Permanent residency since we are plannign t...

    Tzu-Kai’s Answer

    You can petition for her but you would need to establish a permanent domicile in the U.S. as you need to be able to meet the affidavit of support requirements. You should speak with an immigration attorney to discuss the processing time and the obligations as a sponsor.

    Tzu-Kai Lo, Esq.
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • I came to the us on an h4 and worked. i want to apply for a new h4 visa. If they find out i worked will they deny my application

    Will my application be denied atomatically or will consideration or pardon be given?

    Tzu-Kai’s Answer

    You should speak with an immigration attorney to determine your unauthorized employment and whether you are subject to immigration bars related to unauthorized employment. The period of your unauthorized employment would determine if you should and can apply for a new H-4 visa.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • L2 EAD to H1B Transfer

    Hi, I am on L2-EAD and I have validity till 2013. 1. I like to transfer my L2-EAD to H1B, because my wife may travel back to India at anytime so I dont want to depend on her visa. 2.What would be the L2-EAD to H1B transfer process? 3.Do I ...

    Tzu-Kai’s Answer

    You will need an employer to sponsor you for an H-1B and your H-1B application will be subject to the annual cap. You don't need to inform your spouse's employer of your H-1B filing. Please consult an immigration attorney regarding the H-1B visa application and stampling in India.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • How to stay a month after quitting work on an H1B visa

    I plan to start graduate school in Fall and will go back home to get my F-1 visa. I will have to stay a month after quitting to prepare for moving to another state. I have been told I can apply for an H1B to tourist visa change of status. When sho...

    Tzu-Kai’s Answer

    Ideally, you would want to have the visitor visa status approved before you quit your current job as generally speaking, you must be in a valid status to change your status from one to another. However, in reality, it may not work without any gap in between of your non-immigrant status as the processing of a change of status application may take much longer than expected. You should consult with an immigration attorney to determine when you would file the change of status application.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • I am currently on L1 visa. I have recently obtained a dual citizenship of a country that would qualify me for an E-2 visa.

    Could you please advise me if I can directly apply for a new E-2 visa upon expiration of the current L1 visa or I have to apply for a change in visa status from L1 to E-2 with the USCIS? Thank you for your help in advance!

    Tzu-Kai’s Answer

    If you meet all of the requirements for an E-2 visa, you could file a change of status from L-1 to E-2 without waiting until the expiration of your current L-1 visa. You should speak with an experienced immigration attorney to discuss your E-2 eligibility and processing.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • Immigration issue

    I live in the US for more than 5 years now. Before my E2 ending i went to europe and came back, the custom guard stamp my passport and my I94 he put admit 14 feb 2011/ valid untill 13 feb 2011, so i went the next day to corect it, then the bcp tol...

    Tzu-Kai’s Answer

    You should seek to speak with an immigration attorney. The fact that you have family life and ties here does not really allow you to stay in the country. Your U.S. child can't sponsor you until he or she turns 21. If you create a new business, you may be able to get another non-immigrant visa, depending on the outcome of your removal proceeding.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • Starting a Business on being a non resident!

    I am currently on my F1 visa and the company I work for, is filing for my H1-B visa in the next few days. But I am really interested to expand my home business (from India) in the next year or so in to the US. I would like to work for my company ...

    Tzu-Kai’s Answer

    There are potential issues related to having your business while be employed in H-1B status and while in F-1 status without employment authorization. You should speak with an immigration attorney to understand what you should and should not do.

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  • Legal ramifications of overstaying in US by one month when admitted under WVP.

    What are the ramifications of overstaying in the US when visiting as part of the Visa Waiver Program? My understanding is a 3 yr ban for overstays of more than 180 days/less than a yr and a 10 yr ban for overstays of more than a year. My question ...

    Tzu-Kai’s Answer

    While you may not be subject to the 3/10 year bar, you may not be able to visit the U.S. in VWP if you overstay. You will then have to apply for a B-1/B-2 visa for tourism and business. It is not worthy to lose your VWP eligibility.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • My husband came to the US without permission.is it possiable for me to get him some kind of visa?

    i have been married to my husband for six years now,but he came to the US without permission and i wanna know is it possiable for him to get any type of visa to be in the US legal and if so how?

    Tzu-Kai’s Answer

    Since your husband entered the U.S. without inspection, he would have to apply for an immigrant visa abroad with a waiver. You should contact an immigration attorney to seek for more information and to evaluate your waiver case.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question 
  • Can i buy stocks and being a shared in U.S. company if I'm now holding F1 visa? And will it possible to change from F1 to E2?

    Since my boyfriend owned a business in the U.S., He and my parents suggest me to buy his company stocks and being a part of business(share holder.. i think that's what they call). I'm holding F1 visa and still in 1st year of this status. I have go...

    Tzu-Kai’s Answer

    More information regarding your investment and your role in the company is required. Keep in mind that as a F-1 student, you are not authorized to accept employment without employment authorization from the DHS. You cannot work part time even though you have a valid SSN. Unauthorized employment will render you in violation of your F-1 status.

    If your role in the business after your invest in the company is more active, then you may be considered engaged in unauthorized employment. It is possible to change your status to an E-2 and you should speak with an immigration attorney to determine your eligibility for an E-2 status before making any investment.

    Tzu-Kai Lo, Esq.
    LL.M. Law Group
    53 W. Jackson Blvd, Suite 409
    Chicago, Illinois 60604
    Tel: 312-880-0872
    Fax: 312-880-0870

    See question