Washington Recent Legal Answers from Lawyers

Thank you for your questions. 1.) Whether your mother will be able to obtain another visa without interview will be up to the consular officer. Your mother would first submit the DS-160 visa application form, and then log into the online application system, create a profile to pay the visa application fee, and upon choosing “Schedule Appointment”, she would answer interview waiver questions to evaluate her eligibility to apply for a visa without the interview. I note that a requirement is that your mother is applying in her country of nationality or residence, one of which is assumedly Vietnam 2.) When you ask whether there is any negative impact on her application, I assume that you are asking whether applying for a waiver of interview will have a negative impact, and I do not see why it should – if the waiver of interview is not granted, your mother will simply go to the scheduled interview. 3.) Technically, your mother is considered an overstay since she was only authorized to remain in the US until September 2020 and the extension application was not approved. That being the case, she can put down an explanation for the question of whether she has “ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of the US visa.” Her situation of overstaying during the pandemic has been fairly common and known to most consular officers. 4.) Generally speaking, Customs and Border Protection officers will assume that your mother was cleared by the State Department for a new visa. In addition, she can bring her documentation with her to explain her past situation of having to remain in the US. Finally, a trip to the US by a B-2 holder who has not been in the US for over two years would not usually raise the antennae of most inspectors, especially if the individual attempted to maintain status during all that previous stay. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Under the Child Status Protection Act (CSPA), the children are given a credit of five years to their age being under 21 due to the visa petition pendency of five years. It is more than likely that the children will not be able to emigrate with the parents as the counting time of the children’s ages will only stop when the priority date becomes current. Currently the sibling category final action date on the January visa chart is only available to those filing petitions prior to September 15, 2005, for India born. On the question of when you can expect a visa center letter for further processing, that will usually not come until the priority date is close to becoming current for visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

OK so if you look at the visa bulletin board at the department of state website, your priority date should be current. A person who entered the country with permission and married a green card holder can file an adjustment of status as of December of this year, and apply for a green card. The fact that you entered with a student visa but never attended college as you were supposed to could be a ground for immigration fraud which would then require you to file a waiver of inadmissibility. You would need to discuss your case with an attorney to determine the circumstances surrounding your marriage. Were you married within 90 days of your entry? Did you even attend one class? Did you register for class? These and other questions would need to be discussed. This is a process that you should not handle yourself, as any minor mistake or discrepancies would result in significant delays or an outright denial.         ... Read Answer

Your mother can obtain a replacement birth certificate by going online at https://www.health.ny.gov/vital_records/birth.htm (all instructions are given there) or printing a form from that same website, filling it out, and mailing it with the applicable fee to: New York State Department of HealthVital Records Certification UnitP.O. Box 2602Albany, NY 12220-2602 Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 rule written or unwritten that prevents a petition being filed for persons who are presently in the US and will quickly return overseas and await consular processing. In point of fact, we have done many cases over the years involving the same situation with no detrimental effect for our clients. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

The short answer is NO. You cannot apply for citizenship until you receive a Green Card and meet the necessary residency requirements, which include holding the green card for five years or three years if received via marriage to a US citizen. That being said, you might be a US citizen at birth if one or both parents were US citizens before your birth. I recommend talking to an immigration lawyer to see all your options for a Green Card or US citizenship. Most immigration attorneys offer a free consultation, so you might be able to get your questions answered for free.    --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

As you previously worked under H-1B status in the US in 2019-2020, you do not have to go through another visa selection process. Under the conditions that you describe in which you timely filed an application to remain legally in the US after your H-1B job ended, and presumably left prior to the adjudication, there may be a valid question of overstay as the maximum period of initial time allotted for being a visitor is only six months and you would have exceeded that even if you had filed during the 60 day grace period. However, there is room for argument that you complied with the law and USCIS was supposed to have made a timely adjudication. Under the Foreign Affairs Manual guidance, I do not believe that your explanation of actions should prejudice you in a later application for a visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Given the particular circumstances that you describe and assuming that the school attendance will start after the adjustment of status application is filed, it would not appear that the Ukrainian girl would be violating immigration rules or compromising her green card application by going to a private school. She should be able to keep attending school until the time that the adjustment of status application is adjudicated. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

USCIS will allow you to apply for your mother using your US passport. It is not a requirement to file the petition with only a certificate of naturalization. We have successfully represented many cases in the past in which the petitioner only had a US passport and not certificate of naturalization. We have never received a request from USCIS for a naturalization certificate under those circumstances. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

That is a horrible situation for you to find yourself in. You should immediate visit a doctor to document your injuries. You definitely have a cause of action against the driver of the vehicle that hit you, either through their insurance or through your own if they were uninsured. You may also be able to recover from the state depending on the facts. You should definitely contact an attorney. If you would like we would be happy to talk to you in detail about your case. ... Read Answer

USCIS has recently acknowledged that L-2 spouses are not required to apply for separate work authorization to be legally employed in the US. Thus it stands to reason that a timely filed L-2 extension application should continue to allow employment for 180 days while the application is pending. However, until the agency puts it down in writing, employers will likely take the position that they cannot risk continuing an individual’s employment based on the receipt of filing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Generally, under the statute, RCW 71.05, persons may be involuntarily committed for treatment of mental disorders if, as a result of such disorders, they either (1) pose a substantial risk of harm to themselves, others, or the property of others, or (2) are gravely disabled. If you are concerned that his condition meets this requirement, you should contact a family law attorney with experience in this area to represent your interests.     ... Read Answer

More information is needed.  What about your U. S. citizen grandparents? Do you have any U.S. citizen grandparents on your mother's side?  This requirement is a bit more complicated than the residence stratus of your mom after age fourteen.  I strongly recommend a Zoom conference with a compentent and experienced immigration attorney before there are any other complications.  Immigration is a Federal practice, so you have many options to seek more competent representation.... Read Answer

The issue is whether it is within one year of your entry into the U.S.  Also, what are the facts and how much evidence exists to prove a "well founded fear" of persecution on account of one of the reasons allowed as a matter of law.  Sometimes, people begin the process and become targets for deportation when there were other better options available to them. As a result, fees are best decided based upon whether the intending asylee can overcome the burden of proving that they deserve asylum as a matter of establised law and decisions.  If not, then the alternatives ought to be discussed and the matter left alone.  A more unsubstantiated claim will take more time to prove to the satisfaction of either the asylum office or the Immigration Court deciding whether to deport you for eventually overstaying your B2 visa. This will happen where USCIS denies ("refers") an asylum application to an immigration court known as the Executive Office of Immigration Review!  As a result, I strongly recommend a paid consultation with a competent and experienced immigration attorney before you spend thousands of dollars. ... Read Answer

A US citizen spouse can sponsor a foreign national spouse for a green card as long as the foreign national entered the country with permission. This is true even if he falls out of status. After you sponsor him for his green card marriage base case, he can get his work permission in roughly 5 to 6 months. You should retain counsel anywhere in the United States for representation. Some of us charge a reasonable flat rate fee.... Read Answer

Andrew M. Jaffe Attorney at Law 2375 Covington Rd, Suite 315 Fairlawn, Ohio 44313-4358 (330) 983-4842 attorneyjaffe@aol.com www.LawyerJaffe.com     Thank you for contacting me concerning your need for an Internet attorney.  I would be happy to discuss your questions on the phone.  We can schedule a call for almost any afternoon (Eastern time) including weekends.  There is no charge for this initial consultation and it is covered by attorney/client privilege.      Adult websites are highly regulated with additional requirements under the law.  You need an attorney to help you each and every step of the way.   There will be other questions you find as you seek to open your website .  In my experience, working with a lawyer as you begin will save you a lot of money in the future.   I have written a legal guide with issues you will need to discuss with an  Internet attorney.  I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-Awebsite-app-or-blog   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read Answer

If you are a US citizen and have physically met your boyfriend in person, then you can sponsor him for a K fiancée visa and he would process at the US consulate in his home country. A US citizen can also sponsor the child of the fiancé depending on the age of the child. There are other alternatives to bringing your fiancé over to the United States but that would have to be explained in a lengthy phone conversation. But the fiancée visa path is the most popular and the most expeditious. Counsel in any state can represent you for your case... Read Answer

A Chapter 7 bankruptcy can be filed (and Bankruptcy Discharge would be available within that Chapter 7 case) six (6) years AFTER the Chapter 13 case was filed.  This assumes you completed the Chapter 13 Plan.  However, a Chapter 7 can be filed prior to six (6) years if the previous Chapter 13 case was either: (1) a 100% plan where all allowed unsecured claims were paid or (2) 70% of the allowed unsecured claims were paid and the Plan was proposed in good faith, and reflected the Debtor's best effort. (See 11 U.S.C. Section 727(a)(9))   If your Chapter 13 was dismissed, you can look to file Chapter 7 without waiting.... Read Answer

The 9th district, where you live, has recently decided a number of cases concerning crawling of accounts.  It would be beneficial to know more about your business model and how you are going to present it.   I would be happy to discuss your questions on the phone.  We can schedule a call for most any afternoon (Eastern time) including weekends.  There is no charge for this initial consultation and it is covered by attorney/client privilege.        ... Read Answer

In the situation that you have given, your answer should be “no” to the question. Any question pertaining to fraud or misrepresentation on an immigration application requires that the applicant made the fraud or misrepresentation intentionally. In your case, you have stated that this was a typo and was corrected at the I-140 stage. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

First take a look at  your contract, as it likely has an arbitration provision and/or a choice of forum provision (i.e. which court you have to sue in).  It may also have a limitation on liability provision (e.g. mover not liable for any damages beyond the amount paid) which may or may not be enforceable depending on the degree of the mover's culpability.  Given that the contract on which you're suing involved performance in both CA and WA, the courts of either state would likely have jurisdiction over a dispute, so if the contract is silent, sue in the jurisdiction most convenient for you.... Read Answer