FAQs, Law Offices of Dixon Fung, P.C.

General/Non-immigrant Visa:

1. I want to send my child to attend high school in the U.S. Can I go with him/her? What are my options?

Your options depend on your circumstances. In different circumstances there may be different options and answers to this question. For instances, do you want to work in the U.S. while you are accompanying your child? Do you plan to return to your home country after you child finishes high school? Please set up an appointment with our attorney to discuss your specific case.

2. What do I need to do to work in the U.S.? Can I just get an employer to hire me and that's it?

In most circumstances, you will need an employer to hire you and file a visa petition on your behalf before you can work in the United States. If you are self-employed, work visa through investment may also be an option. Please set up an appointment with our attorney to discuss your specific case.

3. I want to be a student in the U.S. Should I enroll in a school with a F-1/M-1 or a J-1 visa?

International students may use a F-1/J-1 visa to attend a public secondary school for one year only. However, individual school district may refuse to accept and issue SEVIS I-20 to international students. Moreover, international students have to reimburse the school board/district for his/her tuition.

The above restrictions do not apply to F-1/J-1 visa holders who wish to attend a post-secondary school (such as a university or college) or a private school in the U.S.

Whether to apply for a F-1 or J-1 visa really depends on the program you are planning to enroll. To be a J-1 student, the program you wish to enroll must receive prior approval from the Department of State.

Family-based Immigration

1. Does it make a difference on my application if my relative is a U.S. citizen or a permanent resident?

Yes, it does. Only three groups of immediate relatives of U.S. citizens are exempted from the annual immigrant visa quota: a) a spouse; b) a parent of a U.S. citizen who is 21 or older; and c) an unmarried child under the age of 21.

For other relatives of a citizen and a permanent resident, they fall under various visa category and are subject to different annual immigrant visa quota. As a result, the waiting time to obtain an immigrant visa to move to the U.S. depends on your relationship with your relative and whether your relative is a U.S. citizen or permanent resident.

2. I have a child that is a U.S. citizen. When can he/she petition on my behalf and help me obtain permanent residency in the U.S.?

Your child has to turn 21 before he or she can file a permanent residency petition for you.

3. If I fall under one of the three groups that are exempted from the annual visa quota, does it mean I can get visa as long as I can show my relationship with my U.S. citizen relative?

No. You have to show a few more things in order to get an immigrant visa to come to the United States.

First and foremost, you have to show that you are not inadmissible because of your previous violation of U.S. immigration law. Those who have been present in the United States unlawfully for more than 180 days may be subject to a three-year or ten-year bar and cannot come to the U.S. until the bar is over or a waiver is obtained. Those who have been removed after a removal proceeding maybe subject to a bar as well.

Second, you have to show you are not going to be a public burden to the U.S. Your sponsoring relative has to show he or she has sufficient funds to support your stay in the U.S. The U.S. government has established a guideline on how much a sponsoring relative has to earn a year in order to meet this standard. If your sponsoring relative does not have sufficient income to meet the standard, your relative will have to find a co-sponsor to support you.

Third, you have to pass a medical examination. Your physician, who must be pre-approved by USCIS, will have to fill out Form I-693 to show that your health will not be a burden or threat to the U.S.

4. If my oldest child files a petition for permanent residency for me and my wife, can my other children follow and come to the U.S. with us?

Your other children, even though they are minor, may not join you if you receive your permanent residency as an immediate relative of a U.S. citizen. Under current immigration law, only preference relatives who are subject to the annual visa immigrant quota may bring their spouse and children to come to the U.S. As a result, your other children cannot follow you to come to the U.S. even though they are still your dependents.

In order for your minor children to come to the U.S., you, as a permanent resident, or your oldest child will have to file separate petitions for your other children. However, either route requires your minor children to wait for an immigrant visa number available to them and that can take years. Therefore, consider carefully or consult with our attorney before you have your oldest child file a permanent residency petition on your behalf.

5. I am planning to get married with a U.S citizen. What do I need to do to obtain permanent residency and live in the United States?

That depends on your circumstances. Generally, there are four options:

If you are in the United States as a non-immigrant and planning to get married in the United States with a U.S. citizen, you may obtain permanent residency by filing an adjustment of status application after your wedding.

If you are currently outside the U.S. and plan to get married inside the U.S., you may come to the U.S. with a K-1 visa. After the I-129F your fiancé/fiancée files on your behalf is approved, you may apply for a K-1 visa at the U.S. Consulate of your home country, come to the U.S. with the K-1 visa, get married within 90 days of arrival, and adjust your status after the wedding. A word of caution: An I-129F approval is only valid for 4 months and its validness can be extended for another 4 months once. After the extension, the approval will become invalid if you still have not obtained your K-1 visa.

If you get married with a U.S. citizen outside the United States, you may apply for a K-3 visa in the country where the marriage is performed. Your U.S. citizen spouse will have to file Forms I-129F and I-130 in the U.S. After an I-129F is approved, you may obtain a K-3 visa from the consulate and come to the U.S. as a non-immigrant. After you arrive in the U.S., you may adjust status to become a permanent resident. A word of caution: if the I-130 is approved and received by the consulate before you obtain a K-3 visa, the consulate will not issue a K-3 to you but start the process of an immigrant visa petition. If that happens, you will not be able to wait in the U.S. for your permanent residency application to be approved.

If you get married with a U.S. citizen and does not mind to wait for an immigrant visa outside the U.S., you may file a petition for immigrant visa at your local consulate. Your U.S. citizen spouse will file the I-130 for you in the U.S. After the I-130 is approved and received by the consulate, you will go through the visa application with the consulate and if successfully, come to the U.S. as an immigrant and does not need to adjust status.

Information on this page does not constitute as legal advice and receipt of this information does not establish an attorney-client relationship. For specific inquiries, please contact us and schedule for a consultation.

How can we help? Call for a Free Consultation (626) 817-2522