Franklin Tzeng’s Answers

Franklin Tzeng

Alhambra Immigration Attorney.

Contributor Level 10
  1. Am on last days of my grace period after my I-20 expired and my us citizen fiance wants to marry me. Issues involved in this?

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. J Charles Ferrari
    3. David Nabow Soloway
    3 lawyer answers

    Hello, There's no problem here as long as you get married and apply for adjustment of status (I-130) and/or petition for permanent residency (I-485) before your legal status expires. I'd recommend retaining an attorney immediately to help you with the paperwork and procedural requirements so that you do everything right the first time. Precision is of the essence here. You might run into possible issues if you leave the country while your petitions are pending, or before they are filed....

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  2. Green card has expired one mounth ago and he has left usa 2 mounth ago ,what can he do to renew?

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. J Charles Ferrari
    3. Elizabeth Rose Blandon
    3 lawyer answers

    Hello, Theoretically speaking, a permanent resident can reenter the country with an expired green card. Practically speaking, the process is a little more complicated. Recently, two of our interns looked into this issue extensively. They discovered that some countries would not even let the LPR on the plane without a current green card. Certain documentation was necessary in those circumstances, such as "transportation boarding letters." Moreover, a green card cannot be renewed...

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  3. Cancellation of removal?

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. Wolf W Kaufmann
    2 lawyer answers

    Hello, It seems like you're well versed in the law. Your case would be ideal for cancellation of removal and adjustment of status. It's almost a textbook case. However, as with anything in immigration law, nothing is guaranteed. This is one of the most important legal proceedings in your life. I'd highly recommend retaining a licensed attorney specializing in removal matters to review your case and prepare the proper petitions. Feel free to email me if you have additional questions...

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  4. What are my obligations as a GC holder staying in another country with a re-entry permit?

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. Madanmohan Singh Ahluwalia
    3. J Charles Ferrari
    3 lawyer answers

    Hello, Generally, if you are a green card holder staying out of the country for any period of time, you should err on the side of caution, and give signs that you have not abandoned your U.S. residence. One of the most important signs is paying taxes. You pay taxes as they are due, but I'd recommend consulting with a tax expert in more detail on your specific situation. If you are a student with no income, you would not pay income tax, but you would still pay property tax, if you own any...

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  5. Im a student and another student wanted me to marry him so he can get his greencard what could happed

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. J Charles Ferrari
    3. Lisa Monique Okoh-Brown
    3 lawyer answers

    Hello, If you marry that student just to help him get his green card, then that is a "sham marriage" and a felony that will result in fines, jail time, and/or bans/deportation. However, there are many ways to get a green card other through marriage, such as through investment, entrepreneurship, and employment. Feel free to contact me if you have additional questions. Best regards, Franklin Tzeng, Esq.

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  6. My dad is a USA citizen my mom is a USA resident does she have to apply for the citizenship. Or does she automatically become on

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. J Charles Ferrari
    3. Jeffrey Adam Devore
    3 lawyer answers

    Hello, She needs to apply for citizenship. The relevant application is Form N-400. Please send me an email if you have additional questions or concerns. Franklin Tzeng, Esq.

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  7. Should we stay, or go back?

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. J Charles Ferrari
    2 lawyer answers

    Hello, If you can stay in the country legally, and if you are fairly confident that your extension will be passed, then feel free to stay in the U.S. As you stated, if you go back to Japan, then the process is void. Moreover, Japan is currently enrolled in the U.S.'s visa waiver program. You should not have any difficulties re-entering the country at a later date. Franklin Tzeng, Esq.

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  8. Applying for citizenship and I've been in the US for three last years continuesly. My Green card will expire in two monthes.

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. Ruslan Bocancea
    3. Jeffrey Adam Devore
    3 lawyer answers

    Hello, If you received your green card based on marriage to a U.S. citizen, and have been married to the same citizen for the last 3 years, then it would be possible. Otherwise, you'll have to wait an additional 2 years, unless you've served in the armed forces, or fall into several other narrow categories. The N-400 can be filed up to 90 days in advance. Feel free to email me if you have additional questions or concerns. Franklin Tzeng, Esq.

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  9. Notice to Appear with incorrect allegation

    Answered almost 3 years ago.

    1. Carl Michael Shusterman
    2. Franklin Tzeng
    3. J Charles Ferrari
    3 lawyer answers

    Hello, Your H1-B visa has expired. Thus, the Notice to Appear, based on your expired H1-B visa, is correct. Pending applications, except in certain instances, are not "an authorized stay," to use your term. You may certainly ask for cancellation of the NTA based on a pending asylum application, if it still valid. However, your situation is a bit confusing because it's unclear why your lawyer applied for both an H1-B and asylum application on your behalf. I'd recommend consulting with a...

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  10. Overstayed F1 visa and selected from DV-Lottery 2012

    Answered almost 3 years ago.

    1. Franklin Tzeng
    2. J Charles Ferrari
    2 lawyer answers

    Hello, Where are you currently residing, and, if you are living within the U.S., what is your current status? Immigrants that entered the U.S. illegally or are "out of status" are not eligible for the green card lottery. I'd recommend working with an qualified attorney to review your residency record in greater detail. Feel free to email me if you have additional questions. Franklin Tzeng, Esq

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