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J Craig Fong

J Fong’s Answers

38 total

  • Denied entry to the US due to overstay.

    Hi. I'm an international student with an F1 visa. Last year, I dropped out from school and spent 5 months at some friends house without studying. After that, I decided to return to my country and reapply for a new student visa. During the intervie...

    J’s Answer

    Assuming that your I-94 shows that you are d/s (duration of status), the issue for you is LESS one of "overstaying" than of having stopped school. When you stopped attending, you went "out of status."

    You can apply for a new visa; however, the US Embassy is going to ask you "You said you were going to go to school, and you quit. And you did not leave. Why should we trust you again?" It is the answer to THIS question that will be the big challenge for you.

    I do recommend seeing an attorney, although in truth the attorney can write or say anything, but the Embassy will be looking at YOU and YOUR TRUSTWORTHINESS.

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  • How can I apply for healthcare jobs that will help me get my green card and become an immigrant to US?

    I am a Canadian citizen and a certified health information management professional in Canada and the US (CHIM and RHIA).

    J’s Answer

    As a Canadian, you may have the benefit of the North American Free Trade Agreement (depending on your job description and title), but NAFTA does not absolve you of the requirement to be properly licensed and certified in the state where you'll be doing your work. You should check with the licensing authorities in the state where you'll be going to see if you have all the qualifications necessary...and then get your license or certifications.

    At that point, you'll be be at your most marketable. Because you will be licensed, the company or clinic or hospital can offer you a job knowing that you're already qualified.

    Your immigration attorney can help you with your visa requirements at that point. You might want to see the attorney now, so that you can go over all the things you're going to need.

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  • Is it possible to adjust F-1 visa to Asylum after 365 days of enterance?

    My student friend from Iran is convering from Islam to Christianity. He was here for more than one year and less than two years. When I encouraged him to file for religious Asylum we realized the condition is that he should have applied no more th...

    J’s Answer

    • Selected as best answer

    The key here is to have a competent immigration attorney do an analysis to see whether you can calculate the 365 days starting with the date of your friends conversion. As noted by one of the other attorneys, a significant change in YOUR FRIEND'S circumstances or the COUNTRY'S conditions might allow a calculation of the 365 days from a different starting point.

    It does not pay to dither around with this one; the clock is ticking. You should chat with a competent immigration attorney.

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  • How long will it take to petition my one year old son in the philippines?

    I wanna get my one year old baby but im only an immigrant.

    J’s Answer

    That all depends on YOUR status as the parent. If you are a US citizen, there is a good chance the child is already a US citizen. You should chat with an immigration attorney to work this out, because the analysis is complicated.

    If you are a Legal Permanent Resident (green card holder), then the waiting time is about two years after the I-130 Family Petition is filed, maybe a little more.

    Here's a question: if the child is yours, and the child was born in Phils, and the child is only one-year old, why did you NOT bring the child back with you when you returned to the USA? As a US citizen, you could have registered the child with the US Embassy and the child would have a US passport. As a green card holder, you would have been able to bring the child back with you on your first re-entry after the child's birth.

    It would be worth chatting with a competent immigration lawyer at this point.

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  • Can someone visiting on a travel visa switch to a Fiancee visa before they leave the U.S. and if so what is the process?

    Can they apply for work on a fiancee visa.

    J’s Answer

    No. Even if you COULD make such a change, most attorneys would ask WHY you would want to do such a thing. If you are engaged to a US citizen, I think most people ask why you did not just get married and apply for your green card straight away.

    A K-1 fiancée visa is processed at the US Embassy or Consulate in the foreigner's home country.

    There are a lot of processing options here, but you would be wise to chat with an attorney, because the "decision tree" about what, where, how, and when to file gets pretty complex.

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  • Change of status from F2 to H4, Can my wife stay in US while application is under process

    Hi, Currently i am on F1 and my wife on F2. My employer filed for H1B and waiting for approval. Can i apply for H4 to my wife with my pending H1B? If i got an approval before her's H4, can she stay on F2 in US until her H4 is approved. Not...

    J’s Answer

    Technically, USCIS would not approve your spouse's H-4 UNTIL your H-1 is approved. This is because your spouse is not QUALIFIED for the H-4 UNTIL your H-1 is approved.

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  • Do I really need a lawyer? I got married to a USC 2 months ago and am currently filling out immigration forms. My question is :

    provided that I filled the forms accurately and attached all necessary documents to my petition, does it make any difference in the eyes of the immigration to be endorsed by a lawyer? In other words, are cases treated faster or with greater care i...

    J’s Answer

    A "straight-forward" should not present many difficulties, if you wish to file it on your own. However, the number of times I have had a client tell me that s/he had a "straight-forward" case, and in fact the case is much more complicated, are legion.

    With so-called "straight-forward" cases, I usually tell people it's a bit like doing your taxes. If you speak, read, and write English well, and if you can follow instructions carefully, then doing the marriage-based adjustment of status might be ok. Many people would prefer the security of having a tax-preparer handling their taxers. Similarly, lots of people would rather have an immigration attorney who will be responsible for filling out paperwork, gathering and reviewing documents, and (most importantly) preparing you for and attending your interview.

    In the end, the choice is yours.

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  • Is it possible for USCIS to reconsider the case once again after BIA dismisses the I-130 appeal and the file is transferred ?

    BIA dismissed the I-130 appeal approx 3 weeks ago, ( the grounds for justification being I -130 filed prematurely without satisfying the 2 yr physical and legal custody with our child). The file is transferred to the local INS office and we receiv...

    J’s Answer

    The filing date is the key. The adoptive relationship between the Petitioner and Beneficiary must be in place and legal on the date of the I-130 filing. If all of the qualifications were not completed as of the date of the I-130 filing, you're going to have to file again when those qualifications and custody dates are all squared away.

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  • Can I apply for Deferred Action for Childhood Arrivals even if I already have "An Adjustment of Status Pending"?

    My father who is a permanent resident, filed me an application to adjust my status back in 2005 , the petition was approved by USCIS but then it was sent to the Visa Center, I was notified that they were no visas available and they will notify me ...

    J’s Answer

    There are a couple of issues here. First, you may qualify for Deferred Action for Childhood Arrivals (DACA), and if you do qualify, it might not be a bad idea to get it. This would provide you with an Employment Authorization Document (EAD) for a few years. Although it is not clear exactly WHEN you would qualify for the green card through your father's petition, you would at least have the EAD so that you can work while you wait.

    However, the other difficulty looming is: when your priority date arrives, you may or may not be able to have your green card interview in the USA. If you do NOT qualify to have the interview in the USA, you will have to deal with the issue of going back to your home country for the interview. If you have been in the USA in an undocumented status for over a year, then you would be faced with a 10-year bar before you would be allowed back to the USA after the interview.

    You should contact a lawyer to discuss all of these wrinkles in the case. Best regards,

    --J Craig Fong

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  • Deferred Action, I used a visitor's visa and stayed here. Would I face any problems?

    I meet all the other requirements for the deferred act, High School graduated, no crimminal record, 22 yr old, came here when i was 10 yrs old. But in the application form what do i put where ir says that if i have resided in the united states si...

    J’s Answer

    Brief, casual, and innocent departures should not affect your eligibility for Deferred Action for Childhood Arrivals (DACA); however, you should chat with an attorney. Brief, casual, and innocent has a very special, specific meaning in immigration language.

    For the DACA application, you are going to need to be as specific as possible about the dates of your entries and exits, because you will need to show immigration that you have resided in the USA for the required period.

    Although your entries and exits on your Visitor visa may not affect your eligiblity for DACA, prolonged overstay in the USA can affect your future ability to change or adjust your status in the USA, and that can be a big problem. You should be aware of all these issues as you move forward.

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