Arizona Recent Legal Answers from Lawyers

Are you applying for an immigrant visa on behalf of your spouse or are you the one who the petition is being filed for? If you are petitioning for your spouse, your convictions are not likely to bar  your spouse from receiving an immigrant visa. Your spouse should no about your criminal history though. If, however, the petition is being filed for you, stop. You will not be eligible for a green card. In addition, filing the petition could result in the initiation of removal proceedings against you. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is m unlikely this ticket will impact your immigration status. However, without actually reviewing the document to determine what specific statute you are charged with violating or the potential sentence, a definitive assessment cannot be made. You can read more about criminal convictions and immigration at http://myattorneyusa.com/criminal-aliens.... Read Answer

You first must be the beneficiary of an approved immigrant visa petition. An immigrant visa petition must typically be filed by an employer or family member. The process will vary depending upon who filed a petition on your behalf. You can read more about inmigrating to the United States at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

Possibly. A United States citizen can file an immigrant visa edition on behalf of a parent if he/she is at least 21 years of age. Assuming you are at least 21 years of age, the next question would be your mother's eligibility for a visa. To assess her eligibility, I would need to know more about her immigration history. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The initial question is whether U.S.C.I.S. would see any refiling as cap exempt since your initial date of working under H-1B status was January 2006, over 10 years ago. The question for U.S.C.I.S. is whether such a petition filed over six years ago should be given standing to support a new petition under the old cap. The question is unresolved at this point, and adjudications with the agency appear to go both ways. Assuming that the adjudicator decides that your new petition is cap exempt, your new petition while in the US can ask for a change of status at the same time as long as you are still in legal status at the time of filing. Once approved, you are not required to leave and come back to the US to begin working. You can work upon the change of status being granted.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

There are many reasons a person may require a waiver. A waiver is needed to cure an immigration violation that would otherwise prevent you from entering the United States. It cannot be determined why you required a waiver. Could you provide more information about your immigration history? ... Read Answer

Honestly, hiring a foreign worker to be a nanny is an extremely difficult, time consuming, and expensive process. This is mainly because it difficult to establish that there is no United States citizen or permanent resident qualified for the position. You can read more about both nonimmigrant or immigrant visa options at http://myattorneyusa.com/employment-immigration and http://myattorneyusa.com/work-visas.... Read Answer

Your nephew needs to establish he will become a public charge. This is typically done by having sufficient funds available to cover the expenses of a trip to the United States. There is no set number amount required, but if your nephew cannot establish how he will be able to stay in the United States he could be denied entry. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

The answer is in the wording or the terms of your disability policy which is your "contract" with MetLife. Most LTD policies do provide for some type of repayment if you begin receiving SSD. For instance, a recent policy I reviewed wanted, as a condition of payment, an agreement from the disabled worker that he would deposit and hold any retroactive benefits check received from SSD to be used to pay any long term disability benefits "advanced" in a lump sum. Your policy probably has similar wording.... Read Answer

The tourist visa is not a springboard which individuals should think that they can conveniently use to obtain permanent residence status. To DHS, the thought that someone would have the idea to permanently immigrate and have this intent prior to entry on a tourist visa is anathema as constituting abuse of the visa. Since you have so definite a plan to marry, the recommended path here would be for you to file a K-1 petition for her as a fiancée on form I-129F to have her come over on the proper visa. You would then have 90 days to marry once she arrived. K-1 visa processing takes approximately 6 –9 months. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

If your wife has been granted a green card, then she has permission to stay in the US permanently. Depending on when she was granted her green card, she may be eligible to apply for US citizenship. If she does not have a green card, you should begin the process of applying for her. Please contact me if you wish to move forward with either citizenship or the green card process. ... Read Answer

You are likely not at a significant risk of deportation though anyone who has stayed beyond his/her authorized stay may be placed in removal proceedings. You should quickly make the necessary corrections. You may want to consider working with an attorney to avoid future rejection. I am also concerned given you requested an extension of stay. You may be found to have misrepresented yourself in requesting an extension of you had no intent to depart. Speak to an attorney before resubmitting. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

I assume that you are either a native of Mexico or the Philippines since the date of visa availability under the F-4 category would have long passed for a person born in any other country. That observation aside, the woman that you have been living with for 24 years can only be a beneficiary if she is legally married to you. The fact that you have three children together does not give her dependent status. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read Answer

There is no direct path to a green card because you worked in the United States for nine years. You would need to be the beneficiary of an employment-based or family-based immigrant visa petition in order to obtain a green card. The only avenue that would allow you to self-petition would be if you could establish extraordinary ability or through investment. You can read more about these options at http://myattorneyusa.com/investment-immigration.... Read Answer

A request to modify has to be written, filed, and served properly.  If you have had stable employment, stable residence, and have followed the current orders, and you can prove the concerns about Mother, I would think you have a sufficient case so long as it is brought to the court in a proper format.     If the court is not listening to you, it may be because you have not filed the proper paperwork or have not explained it well enough for the court to understand.  It is also possible that you have done everything correctly, but the court has reasons for disagreeing with you.   Since you have not been successful on your own, I encourage you to consult with a family law attorney.  Bring your past paperwork with you so the attorney can see what you tried to do before.  My office will provide an initial consult at no cost.  Marie Zawtocki, Zawtocki Law Offices, PLLC... Read Answer

The answer will hinge on the crime for which he convicted and the grounds of removal. He may be able to return sooner if eligible for a waiver. Unfortunately, there are certain criminal offenses that render a person permanently inadmissible. You can read more about the adverse consequences of criminal conviction on immigration at http://myattorneyusa.com/criminal-aliens.... Read Answer

There is no Dream Act. There is DACA, which is a special program for certain childhood arrivals. It is not clear what was filed on behalf of your husband. U.S. government officials typically do not file applications on behalf of aliens. They could provide information about how to file but not actually file. I would encourage you to take the information you have to an attorney for review. In the interim, you can read more about DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca.... Read Answer

You are caring for Father's children and have a DUI that will be considered recent.   I believe it is an issue.  The Court will be looking at whether Father is capable of making reasonable and appropriate parenting decisions on behalf of his children.  A great many factors will be considered:  Father's duty to protect the children; the ages of the children; Father having proof of any appropriate counseling, AA participation, UA testing, and compliance with the misdemeanor terms by you;  whether you are driving the children anywhere; whether you still consume alcohol; and other factors.    I would expect the court to also assess whether Mother is capable of making reasonable and appropriate decisions on behalf of the children and at her own situation. When the Court is hearing about each parent, the judge is not just looking at whether one parent is more cabable.  If the facts present a concern about both parents, the judge needs to determine if further services or court orders are needed.   Father has a duty to protect his children.  If the current orders need to be changed so he can do that, he needs to file with the Court.  A consult with an attorney can help decide what type of legal action he can take.   Mother has that same duty to protect which is why she might be filing to change the current orders.   Marie Zawtocki, Zawtocki Law Offices, PLLC ... Read Answer

Without seeing a certificate of disposition from the court it is difficult to assess what impact this conviction will have on your ability to renew your green card. If it was dismissed with no requirement for you to admit guilt then it will likely not be an issue. You will have to disclose the incident but it should not keep you from getting a new green card. If it was not dismissed, it could be an issue. As the court for a copy of the dispiriting and have it reviewed by an experienced immigration attorney. ... Read Answer

You are not automatically granted asylum. You and your family may find yourself detained for an extended period of time. You will first need to explain your situation to a CBP officer at the border. If he/she believes you have a fear of returning to your home country, you will be scheduled for a credible fear interview. An asylum officer will conduct the credible fear interview. If you are found to have a credible fear, you will be referred to an immigration judge who will conduct a hearing in your request. This is a complicated process. The fact that you are from Syria in of itself will not be sufficient. You need to establish a well-founded fear of persecution on account of your race, religion, nationality, political opinion or membership in a particular social group. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer