US Immigration and Nationality Law

The following is the questions
LPR – lawful permanent resident
USC – U.S. Citizen
FN – Foreign National
PART THREE – FIFTEEN (15) FREE RESPONSE QUESTIONS – PROVIDE A BRIEF RESPONSE TO EACH NUMBERED QUESTION FOLLOWING EACH PORTION OF THE DEVELOPING FACT PATTERN BELOW
Jon Steward is from Trinidad; he is a skilled electrician and has a small company in Trinidad. Jon is 30 years old. Jon’s mother, Ceci, lives in the U.S. and became a lawful permanent resident three years ago as the result of marrying a U.S. citizen. Jon was granted a B-2 visa to visit his mother and his 26-year-old sister because his sister has just had a baby. His sister is an LPR. Jon also has a brother in California who is a U.S. citizen that he hasn’t seen in 13 years. He would like to extend his stay in the U.S. to visit his brother.
1 To which Department of the U.S. Government will Jon present his application for B2 visa?
ANSWER: Jon would have presented his application for a B-2 visa to the Department of State, specifically to the U.S. Embassy or Consulate in Trinidad.
2 What is the number associated with the Form that Jon must file to extend his stay in the U.S.?
ANSWER: The form that Jon must file to extend his stay in the U.S. is Form I-539, which is used to apply for a change of nonimmigrant status or extension of stay.
3 What is an example of a piece of evidence that Jon should include with his application for extension that would demonstrate his intention to depart the U.S. upon conclusion of his requested additional period of stay?
ANSWER: An example of a piece of evidence that Jon could include with his application for extension to demonstrate his intention to depart the U.S. upon conclusion of his requested additional period of stay could be a return ticket (or copy of round-trip ticket) to Trinidad, showing a planned departure date after his requested period of stay.
While visiting his brother, Jon met Mary Matthews, a naturalized U.S. citizen, also from Trinidad. Jon and Mary liked each other immediately, began dating, and, after four months, were married. Mary is a graphic designer, but is currently unemployed. Both Jon and Mary seek information about how to proceed to assist Jon with remaining in the U.S.
4. If Jon is no longer in status, may he apply to adjust status based upon his marriage to
Mary?
ANSWER: If Jon is no longer in status, he may not be able to apply to adjust his status to that of a lawful permanent resident based on his marriage to Mary (Adjustment of Status Application).
To adjust his status, Jon must be in valid nonimmigrant status or be eligible to adjust status under certain circumstances, such as through immediate relatives of U.S. citizens.
Given her current unemployed status, Mary’s federal tax returns will not support a I-864 Affidavit of Support sufficient for Jon’s green card application.
5. What alternative(s) may Mary submit to render an Affidavit of Support for Jon
sufficient?
ANSWER: If Mary's current unemployed status does not allow her to meet the income requirements for the I-864 Affidavit of Support, she may be able to use assets or a joint sponsor to meet the requirements.
Alternatively, Mary and Jon could obtain a joint sponsor who is a U.S. citizen or lawful permanent resident, and who is willing to sign an I-864 Affidavit of Support. The joint sponsor would need to meet the income requirements and be willing to take on financial responsibility for Jon's support.
(continued)
Jon told Mary that when he was younger, he got involved with the wrong crowd. When Jon was 23 years old, he was arrested in Trinidad for possession of a small amount of marijuana. He was given probation. He’s been clean ever since. He also confided in Mary that when he completed his visa application, he marked that he was married and listed the name of his second cousin as his wife because he thought he would not get a visa if he said he was single. He assures her he is single (and has, in fact, never been married previously). Mary believes Jon and wants to go through with the marriage.
6.What are two (2) possible inadmissibility grounds that may interfere with Jon’s ability to adjust his status?
ANSWER (6a): Crimes involving Moral Turpitude (“CIMT”). A CIMT is generally, any offense which involves fraud or deceit, or is inherently “base, vile or depraved”.
ANSWER (6b): Controlled substance violators: single offense of simple possession of 30 grams or less of marijuana (includes a violation or conspiracy/attempt to violate any U.S. or foreign nation’s controlled substance law)
7. Assume Mary marries Jon. In immigration terms, which of these individuals is an
“immediate relative” of Jon’s?
(a.) Mary
(b.) Ceci
(c.) Jon’s sister
(d.) Jon’s brother
ANSWER: In immigration terms, Mary would be considered an "immediate relative" of Jon's if they were married. The term "immediate relative" is used to refer to certain family members of U.S. citizens, and includes the spouse of a U.S. citizen.
Ceci, Jon's mother who is a lawful permanent resident, would not be considered an immediate relative of Jon'...