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William D. Fong

William Fong’s Answers

1,190 total


  • How many persons can i sponsor?

    I became a resident through my husband and will soon apply for citizenship. After i become a citzen can i sponsor my parents? And my 25 year old brother he currently has DACA. We all came to usa legally 15 years ago and have they visa permit.

    William’s Answer

    You can sponsor as many as you can qualify for filing the I-864 affidavit of support. Please check the most recent I-864P which will list the income requirement (based on theHHS poverty guidelines) for your family size (including the beneficiaries).

    There are ways to meet the USCIS income requirement using the asset test or getting a joint sponsor. Consult with an experienced immigration attorney for a more detailed analysis. Good luck!

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  • F2 Visa application strength

    I was on OPT status and did not win the H1B lottery. I got married to my long time boyfriend after that and went back to my country. Now I am going to the Consulate for an F2 visa (my husband is doing PhD for another 3 years). What could me the po...

    William’s Answer

    Based on the information provided, you never violated your F-1 status and you never filed for any immigrant visa. They may question your moving from F-1 and then to F-2, but you have a valid response, in that you were in a relationship well before leaving the U.S.

    I agree with my colleague that you will need to prove up your non-immigrant intent, typically by showing ties to your home country.

    Good luck!

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  • My wife was hoodwinked by her parents into filing a fraudulent immigrating fraud charges against me.

    My wife was hoodwinked by her parents into filing a fraudulent immigrating fraud charges against me with ICE, telling her it was for my benefit. Now, she realizes what she's just done and wants to undo it. How do we undo it? Thanks ...

    William’s Answer

    • Selected as best answer

    Consult with an experienced attorney for the interview preparation. She needs to be a credible witness at the interview. Have your wife prepare an affidavit to submit to the officer detailing the "false charges". Be prepared for a delay in the 245 process.

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  • Do you eventually get approved for a good faith marriage waiver no matter what if you have a good lawyer but it just takes long?

    Like for instance if the marriage was 7 months long, and there are hints of fraud claimed by ex-wife, and the immigrant in question is planning to bring his "true love" from his country. There are other red flags and the ex has reported all this w...

    William’s Answer

    Ff the marriage was entered into by the immigrant for only immigration purposes, then generally it is difficult to meet the burden of proof to show it was "bona fide" at inception. The facts of the case will likely be more important than the experience of the lawyer.

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  • Currently on L2 EAD valid for 1 more year, but visa status is changing to H4 in October. Any possibility to continue working?

    I am currently working in L2-EAD with my L2 Visa is expired but have valid i-94 and EAD validity till May 2015. The problem is my husband's status is changing to H1B visa this October and automatically my status will be changed to H4 and I bel...

    William’s Answer

    No, the H-4 does not allow for employment authorization. Watch the pending legislation as there are many proposed changes. Good luck.

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  • Who is the district director for DHS in houston?

    I am going to ask for a determination of prima facie eligibility for my citizenship application. Who is the person I need to address this to? I believe it has to be the district director of DHS but I do not know who that is. Thank you

    William’s Answer

    Agreed, best to send with the title only, but the Houston District Director is Sandra (Sandy) Heathman.

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  • How long after wedding to a US citizen can I start working?

    I am here in US on tourist visa and I am thinking about getting married with my girlfriend whom is US citizen before my visa expires. It's not something we planned but both want. How long does it usually take to get all the papers done for me to b...

    William’s Answer

    It generally takes 90 days after filing the application for adjustment of status to get the work authorization (EAD) issued. With that you can apply for a Social Security Number and begin lawful employment.

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  • Can past visa (out of status) issue be a problem while travelling on Advance Parole?

    I recently got approved for Advance Parole, while my I-485 is still pending. I am a secondary applicant, while my wife is primary. We are expecting our I-485 to be approved by May end or so. While I was a student and was on F1 visa, I fell out of ...

    William’s Answer

    You should be fine for travel with your advance parole, as you were re-instated and you had a subsequent visa issued.

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  • I Want some recommendation

    Hi Last year I studied at LCC (UH) Spring 2013, then I transferred to HCC on Summer but I didn't enrolled any class on summer 1,2 Because I thought that summer was optional for every student then I left U.S in July 12th. to Portugal as a Vo...

    William’s Answer

    Agreed, you should speak with the DSO, possibly get a letter of good standing, a new I-94 and then apply for the new F-1 visa at your home consulate.

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  • Job change with one year left on the second term of H1B.

    I am on the second term of my H1B visa which expires in Sept 2015. I recently changed jobs in mid 2013 after having worked 4.5 yrs at my previous employer. But I am not happy with the new job and am thinking of going back. If I leave my current (n...

    William’s Answer

    YOur question is best answered by the company attorney, but generally speaking, your employer needs to file the PERM with DOL before the 5th year of your H-1B. With that, the company can file extensions beyond the 6-year statutory maximum.

    If you miss that, look for any H-1B recapture time for time spent outside the US. If not, then you will need to look for another nonimmigrant visa classification.

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