Connecticut Immigration Legal Questions

There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on or after September 21, 2025. Persons and companies doing H-1B transfers where the initial H-1B petitions were filed before September 21, 2025, are not subject to the fee. 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

Concerning your uncle who may be an undocumented immigrant, the laws are in flux concerning liability of those who support and help undocumented immigrants in the US, and if Mr. Trump becomes president again, current laws may be interpreted to impose liability on persons who aid illegal immigrants. 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

Process to Promote The Unity and Stability of Family Program per USCIS, if this applies to you two then it means he can possibly stay. Eligibility: Be present in the United States without admission or parole; Have been continuously present in the United States for at least 10 years as of June 17, 2024; and Have a legally valid marriage to a U.S. citizen as of June 17, 2024.   Reach out to an immigration attorney to review your case.... Read Answer

Some J-1 individuals maybe required to spend  two year in their home country once done with the program. You said your fiancee is from Germany, he unfortuantely will need to fufil the two year stay in his home country. Generally U.S. Citizen spouses who are or were on J-1 visas need to fulfil the two years if their country is amongst the countries with this requirement. Your fiancee/future husband can apply for a waiver, it is not guaranteed but worth a try. I strongly recommend you retain an attorney to assist you with the process; start with have a detailed strategy session with an attorney.... Read Answer

A US citizen stepson can sponsor his foreign national stepdad only if the stepdads marriage to your mom occurred before you were 18. If mom got married this year and you are 32, then you cannot sponsor your stepdad. However, you can sponsor mom and once mom obtains a green card, she can sponsor your stepdad. ... Read Answer

The general rule is that if a foreign national enters the United States on a temporary visa and marries a US citizen within 90 days of arrival, there is a presumption that the immigrant concealed his intent upon entry. You could always get married before the 90 days, but your petition for a green card will receive stricter scrutiny. I suggest that you work with counsel to handle your case from start to finish so that the process goes smoothly. Some of us charge a reasonable flat fee to handle the case from start to finish with no hidden costs.      ... Read Answer

The question for USCIS is whether this is the same person. When the petition is submitted, an explanation will have to be attached and should be accompanied by copies of data pages from both passports. USCIS does not stamp visas into passports – that is the assignment of the US consular offices overseas if and when a petition is approved and you travel overseas for a visa appointment. 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

Well it depends on the complexity of your case, and if it is a straightforward case with no extenuating circumstances then it should be pretty reasonable of a fee that a lawyer should charge you. Some of us charge a very affordable flat fee so you should call around and Speak with a lawyer in a free consultation.     ... Read Answer

I doubt that you can apply for a work permit if entering the US by waiver for six months. I assume that the entry was not for working purposes, and it would likely take USCIS six months plus at its current pace to process an employment authorization application even if you were eligible. 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 is generally not a good idea to work outside the US when you are applying for your citizenship. The question for naturalization examiners is whether the applicant has the intention of making the US the permanent home. Long stays outside the US during the naturalization process put that issue into question. 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 long as the beneficiary has not immigrated to the US, the petitioner can cancel or withdraw the I-130 form. I note, however, a cancellation or withdrawal does not mean that the petitioner can legally claim that no petition was ever filed. 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

It would be a good idea to get a learner’s permit in the state in which you file for naturalization. You would be able to show such at the time of your naturalization interview as a further demonstration that you actually reside in the state of application. I assume that you applied for naturalization 90 days or more after moving into the new state or that the two states are covered by the same USCIS field office. 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

You may be able to request a change in his nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS).  Many more details are needed to provide you with the appropriate information.  Please call our firm to speak with Attorney Dorian Arbalaez for more information. 203.870.6700  ... Read Answer

The Optional Practical Training (OPT) can be obtained if you are on a student visa, F-1, and in a highly-skilled field. The OPT enables  you to work for twelve months gaining practical training either before or after the completion of your studies. A family-based Green Card petition, Form I-130, would cause a conflict with OPT or TN, but not with the H-1B. Please feel free to contact us for further information at 203-870-6700. Ask for Attorney Dorian Arbalaez.... Read Answer

Your question is very common right now. The U.S. citizen sponsor's receipt of unemployment benefits is not a per se roadblock to your husband obtaining his green card. If your husband is applying for adjustment of status in the U.S., then you will want to update your financial status at the interview. If your husband is currently abroad, then you will need to show financial ability to support him at his immigrant visa interview at the embassy. In either case, you must abide by the affidavit of support general rules. You are required to sign and submit a Form I-864 showing sufficient income or assets to support the sponsored immigrant. You must provide your federal income tax return for the most recent tax year as well. Thus, a detailed review your assets and income is a necessary first step. Determine whether your "current annual income" is greater than 125% of the federal poverty guideline for your household size. If your job loss is merely temporary, and you will be employed again soon, then it may make sense to address this in the I-864 filing. If your income is insufficient, then you will need to analyze whether you have sufficient assets to meet the requirements. If you do not meet the requirements based on that analysis, then you can seek a joint sponsor.   You are encouraged to contact an experienced immigration lawyer to plan your case properly. Good luck! Please consult the appropriate professional to request an analysis of any immigration issues discussed in or implicated by this communication, or to assess the advisability. The information provided on this communication is of a general nature and may not apply to any specific case or particular circumstance. It is not to be construed as legal advice nor presumed to be up to date.      ... Read Answer

The F-2A category for permanent residents sponsoring spouses is open at the present time, and the complete process is taking approximately a year to a year and a half in our experience. U.S.C.I.S. recognizes that the category is current and is transferring many I-130 petitions in this class to less busy service centers for faster processing. 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

Most immigration officers would not approve a case in which the petitioning spouse decides not to continue in circumstances in which the parties had not yet been interviewed, and no determination could be made on the bona fide nature of the marriage. You can show up for interview and try to bring whatever proof you can of your true marriage, but it would then be up to the policy of the local office and whether the interviewing officer is convinced that your marriage is real. Additionally if your husband took affirmative steps to cancel your case with U.S.C.I.S., an officer could not approve the case since it is essential to have an unrevoked affidavit of support. For any other options, you should consult with an immigration lawyer to go over your entire situation other than just with your husband. 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

Starting today the new public charge rules take effect such that new forms will need to completed. Had counsel represented you prior to these new rules taking effect you would most likely be subject to the old rules that require a far less burden of proof to qualify for your beneficiary's green card. Good luck. ... Read Answer

An individual in F-1 status is allowed to invest monies, but not allowed to take part in the operations of the enterprise, in your case a restaurant. Under those conditions, you should be able to work under your OPT status in the field of your degree. 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