Arizona Immigration Legal Questions

365 days of full time CPT negates OPT. That being said, a F-1 student may be able to dispute the total amount of time actually spent on full-time CPT. In your case, you may wish to discuss your situation with the designated school official (DSO) to see if the DSO can give you any assistance. You can also in conjunction with or separately request OPT from USCIS. You can send all documentation and explanations with the application. I express no opinion as to whether USCIS will approve the application where the claim is two days less of actual employment then was authorized on the SEVIS I-20. 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 a common misconception about undocumented immigrants needing to leave the U.S. for a set period after entering illegally. Entering illegally doesn't automatically trigger a 10-year departure requirement. However, there can be consequences depending on the circumstances of her entry. The U.S. immigration system doesn't work with "pardons." There may be options for her depending on how long she's been in the U.S. and other factors, but an attorney can give the most accurate guidance.  Immigration laws are complex, and the best way to determine your mother's options is to consult with an immigration attorney. They can assess her situation, analyze her eligibility for different programs, and guide you through the process. I would recomend that you pay for an immigration consultation to get all your questions answered, and get a solid foundation regarding the whole situation. Feel free to reach out to discuss pricing and payment plans.... Read Answer

Your mother can apply for you to obtain the green card, but the timing and steps involved will depend upon how you came into the United States and how old you are at present. If under the age of 21 and entered the US with a nonimmigrant visa or parole, you may be immediately eligible for adjustment of status in the US. If between ages 18-21 and you entered without inspection, you might be eligible for the I-601A program under which your mother would petition for you on form I-130 Petition for Alien Relative, and after approval, you would apply for an I-601A waiver application to forgive the unlawful presence in the US, and upon approval, travel back to the home country for an immigrant visa interview and if successful, return to the US. This would take approximately 3-4 years given the present backlogs although it could be sooner as USCIS is establishing a new virtual service center, HART, which will concentrate on certain applications, among which is the I-601A. If over the age of 21 by the time that your mother files for you, you would fall into another category, F-1 adult son of a US citizen, and the timing would be approximately 7-8 years. If you have left or will leave the US before reaching the age of 18, you would not have to do an I-601A waiver if you entered without inspection, and your mother could simply file the I-130 petition and upon its approval, you could consular process your case at the American Consulate in your home country, and that situation would take approximately 1 ½-2 years dependent upon the speed of processing at USCIS and the American Consulate. 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

I suggest that you obtain a complete copy of his immigration file in order that an immigration attorney can determine the complexities of your husband’s case. Your husband or his representative can obtain a copy through the Freedom of Information Act. 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 choice is up to you. Unlike the I-539 extension form which asks both for US physical address and US mailing address, the I-134 form asks for a US physical address, but does not ask for a US mailing address – just for the mailing address. As the I-134 affidavit of support form is only a part of the I-539 filing, the mailing of notices from USCIS is not dependent upon what is indicated as a mailing address in the I-134. 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

Without the help of your husband’s documents, it is difficult to see how USCIS could approve a change of status application from H-4 to F-1. For a change of status in the US, USCIS must see that both you and your husband are maintaining legal nonimmigrant status – especially focused on your husband since he is the principal of the H-1B/H-4 statuses. You would need a copy of his H-1B approval and proof of recent pay from the H-1B employer to show that he is maintaining his status. 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

When does an activity begin to look like work? I believe that it would be very difficult to characterize giving blood as some type of work. There is the compensation angle, but what is it for? Self-employed individuals perform some activity for compensation such as artists or consultants. When you are doing is basically a passive activity. Under the circumstances, I am of the opinion that this should not be labeled as unauthorized employment. 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

As your father was the principal on a labor certification with merit filed prior to 4/30/01, your sister who was under the age of 21 at the time is grandfathered for purposes of §245(i) if she entered the US by December 21, 2000. That means that she is not barred from adjusting status through any means that she can gain immigration from even if she entered the US without inspection or took up unauthorized employment or overstayed her visa status. For purposes of accompanying or following to join your father on his case, she would be too old by this time. You say that your sister has a US citizen daughter who will be turning 21 in a couple of years –that petition would likely be the quickest way for her to immigrate. Usually, an immediate relative petition like this would take approximately one year to complete. A sibling petition begun today on the other hand could take approximately 15 years to gain permanent residence. 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

I do not practice criminal law, but in googling criminal speeding in Arizona, it appears that excessive speeding is traveling at more than 20 mph over any speed limit in the state, and that it is a class III misdemeanor for which the maximum penalty is 30 days in jail, a $500 fine plus an 83% surcharge and up to one year of probation. Those are pretty hefty penalties for what does not appear to be a big crime. That being said, I do not know whether having the misdemeanor on your record will reduce your chances of obtaining a good job opportunity. However, such should not affect your H-1B status as it does not appear to be a Crime Involving Moral Turpitude (CIMT), which is usually the line used to determine whether DHS should begin to become involved. I note that visas have an element of discretion, even H-1B’s, and if you had to or wish to obtain a visa in your passport, the incident could result in a consular officer looking harder at your application, especially if there is a finding of guilt. 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 H-1B petition does not ask about criminal history, so I assume that H-1B petition approvability by USCIS will depend upon the position and your qualifications. However, the visa application form, DS-160, does ask about any criminal conduct. You should of course answer truthfully. 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

If you are a US citizen, you can sponsor your girlfriend for her fiancé visa and your stepdaughter provided that she is a minor. One of the conditions in order to pursue this pathway if you have to physically have met your girlfriend within two years of filing the application. You can go over there to meet her Or she can travel to the United States to meet you. But this condition cannot be waived.   ... Read Answer

As you are over the age of 21 and married, your mother is ineligible to sponsor you as a permanent resident. There is no visa preference category for such a situation. Your brother can sponsor you, but the waiting time is approximately 13 years and you would have to leave the country for the immigrant visa interview under current law. Other avenues may be much quicker, and we along with everyone else are waiting for the Biden administration’s immigration push for DACA legislation which promises a green card at the end of the process if passed. 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 current law, you are not adjustable to permanent residence as you entered the US without inspection unless you are the beneficiary of §245(i) – that you had a labor certification application or immigrant visa petition pending on your behalf by April 30, 2001, and were physically present in the US on December 21, 2000. If you do not qualify under §245(i), and your US citizen son 21 and older files an I-130 petition for you, you would ultimately have to leave the US to interview for the green card in Mexico. I note that if you have been living in the US for either 180 days or one year, you would be barred from returning for three years and 10 years respectively. The current solution is that if you have a parent or spouse who is a US citizen or permanent resident and would suffer extreme hardship if you were removed, you should file for an I-601A waiver while in the US.  You would be able to receive the decision before having to make up your mind whether to return for a consular interview. 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

It would be advisable to engage a joint sponsor to make sure to maximize your chances of a successful application. You should also get a letter from your employer stating what your rate of pay is and your monthly income, and also bring paystubs. Ultimately they may just rely on your income alone, but if they don't, your application would be denied so it's best to get a joint sponsor.... Read Answer

Your question involves the immigration laws of other countries, and your husband would have to check those out to see whether those countries would admit him. This is a forum for US immigration laws. 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 forms and many documents that are required to process an immigrant case on behalf of an immediate relative. If you are confused as to how to proceed, then you should retain counsel to represent you from start to finish. Some of us charge a very affordable flat fee for representation, and counsel any where in the United States could help you.... Read Answer

Go look at the Department of State visa bulletin to see what priority date is current. That will give you an idea of how long the wait is for your preference category. Since you don't seem to qualify as an immediate relative since I assume your over 21, you would have to be in status in order to adjust status when your priority date becomes current. ... Read Answer

  If your relative has an appreciable amount of money, and is from a country that has an E-2 investor treaty with the United States, he may be able to start up a trucking firm in the US. He could not, however, be a one-person operation and he would have to ultimately obtain a commercial drivers license in the state in which he wishes to operate. The E-2 visa is temporary and does not lead to the green card unless he is able to also qualify for the EB-5 permanent investor program in which an investment of $1.8 million is required in most cases and $900,000 in a targeted employment area or rural area. I note that certain countries have a long waiting period for EB-5 immigrant visas, notably China which in the visa chart of June 2020 has visa availability only for those who filed EB-5 cases prior to July 15, 2015. Other than that, a good chance of obtaining permanent residence through work could likely be through an entity like an ongoing transportation concern sponsoring him for a PERM labor certification, perhaps in a supervisory position if he is qualified. For other options, your relative may wish to make an appointment with an immigration lawyer. 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

  Although this is new, it would not appear that you are allowed to visit during the time of the Administration/ CDC orders unless traveling by air with a US visa or under the visa waiver program since those orders seemingly only exempt US citizens and permanent residents, persons having valid travel documents, or those under the visa waiver program, students and workers. 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

I do not know whether there is a true correlation for time between U.S.C.I.S. saying "Your benefit request has been accepted and is under review" until a final adjudication. In a number of these situations in our experience, the action has been slow in arriving even after receiving such word, and we have generally not put too much stock in that wording although it seems to indicate that the case is moving along as opposed to just sitting. 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

Generally speaking, there is no expedite for the F-4 petition request for sibling that you are contemplating. This type of petition takes approximately 12 years to complete. You can try to have her come over under a humanitarian parole, but the instructions say that the use of humanitarian parole is not to speed up immigrant processing. I imagine that you would have to supply much evidence of the desperate nature of the circumstance before the case would even be considered. Forms and instructions can be accessed on the U.S.C.I.S. website under form I-131. 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