Lawyer Huang Huili’s legal mailbox (1)

Lawyer Huang Huili’s legal mailbox (1) 1. I am a chef in a Chinese restaurant. I was injured in the kitchen and was sent to the hospital for a few stitches on my hand. Please tell me: Can I sue my former boss...

1. I am a chef in a Chinese restaurant. I was injured in the kitchen and was sent to the hospital for several stitches on my hand. Can I sue my former boss for compensation? Answer: Any employee who is injured "in the scope of work" should receive corresponding medical treatment and wage compensation as well as lifelong compensation for permanent injuries, regardless of whether his employer purchased work-related injury insurance when he was injured. First, the employee should know the responsibilities and scope of his job, and under what circumstances he is "working for the employer" or "not working for the employer." Second, whether the case has expired for workers’ compensation compensation. The period for claiming compensation for work-related injuries in New York State is two years from the date of injury. If the party fails to file a claim through legal means within two years, it will be deemed to have been automatically abandoned.

2. My mother and I came to the United States legally with K-1 and K-2 visas respectively. I was 17 years old when I entered the United States. My mother and stepfather registered their marriage within 90 days, but they were not happy after their marriage. My stepfather went back on his word, so my mother and I missed several important opportunities to be interviewed by the Immigration Bureau. Later, we went back to the Immigration Bureau for interviews. I was less than 20 years old at the time, but the immigration officer said that I was overage and could not be my mother’s dependent applicant. How do I adjust my status in the United States and enter and exit the United States smoothly? Answer: You followed your mother to enter the United States with a K-1 visa for your fiancée and a K-2 visa for your fiancée and daughter. Your mother was required to marry your stepfather within 90 days, but your stepfather went back on his promise and missed your mother’s interview opportunity. As a result, your K-2 visa and the opportunity to adjust status were rejected because you were overage. In the recent case of the Ninth Circuit Court of Appeals, Matter of Leuc, a federal judge ruled that the age of a person who entered the United States with a K-2 visa to follow a green card should be determined based on the date of entry, and ruled that the person following a green card only needs to enter the United States before the age of 21. Based on this calculation, if you were under 18 years old when you entered the country, you should be a beneficiary of Le’s decision according to Le’s decision. In your case, because your stepfather was unwilling to go to interviews several times, you lost the opportunity to adjust your status. If your mother applied for adjustment of status based on the original K-1 visa, then you should be able to apply for adjustment of status based on Le Eucalyptus’s case. If your mother adjusts her status under a new case, you can still apply using Le's case.