Iowa Immigration Legal Questions

Normally, we would say that this should not be a problem except that it has not been determined whether the Laken Riley Act which imposes mandatory detention on noncitizens for theft offenses is retroactive. Note that it only applies to individuals who entered the US illegally or through fraud or misrepresentation. If you entered legally through a visa or parole, the Act clearly does not apply to the petty larceny. If your mode of entry places you within the class of individuals who may be susceptible to the Act, it is our opinion as well as that of most attorneys that the Act is not retroactive. We note as you note, however, that these are restrictive times as per your recounting the story of the woman from Ireland and improbable things are happening under this Administration. 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 More

These are applications on two separate tracks – F-1 STEM OPT and H-4. They have different rules, and there should not be an issue if your H-4 approval arrives after your current OPT expires. As H-4 rules are not the same as OPT rules, the 90 days rule for employment does not apply. Please note, however, that an individual cannot hold two nonimmigrant statuses in the US, so be aware that after obtaining one benefit, a subsequent approval of the second benefit will generally supersede the first approval. 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 More

Your incident at Walmart would not make you inadmissible to the United States. That being said, student visas are given in the discretion of American consular officers. A reasonable officer in the absence of other unfavorable factors should give you another visa, but such is not guaranteed as the immigration laws give consular officers much discretion in this area. 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 More

Every case is reviewed on a case by case basis. Yes you can try and with a good lawyer, you may be successful, but the USCIS will scrutinize the past two marriages and this present fiance petition much more closely than the other cases were. As far as I know, there is no rule against a third or fourth fiance visa case because this would violate your constitutional right to marry the person you want to marry. But again, you should retain counsel to process the case. One thing you can do now is to start saving all your chat communication history to a social media app like wechat or whatssapp b/c I guarantee you the government will request selected chat histories of you and your fiance. ... Read More

A conviction for domestic assault would severely impact your chances of ever immigrating to the US. I suggest that you get a good lawyer to defend you against the charge. You should also ensure that you do not violate a protection order as that would have the same effect. 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 More

Generally speaking, the process for a US citizen applying for wife and son under the age of 21 and unmarried would take approximately a year. As you are a US citizen, I remind you that you must apply for your son under a separate I-130 petition unless he is already a US citizen by virtue of your having been physically present in the US or its outlying possessions for five years of which two were after the age of 14 prior to the child's birth.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 More

A lot depends on whether that charge resulted in a conviction for the same. If it did, you will need a waiver since this type of inadmissibility does not go away with time. Hence, no need to wait for ten years to lapse. If you have an immigrant avenue to pursue, you will need a waiver under INA 212(h). It is filed for on USCIS form I-601 after the visa rejection. You will also need to seek permission to reenter after deportation. It is filed for on USCIS form I-212 and could be filed simultaneously with the I-601 and on the same grounds - extreme hardship to a qualifying relative. If you need to travel here as a nonimmigrant and do not run into immigrant intent obstacle, you can seek a nonimmigrant visa waiver. This waiver is filed for at the consulate on USCIS form I-192 and is liberally granted based on need to travel. For more information, read here: http://myattorneyusa.com/inadmissibility-for-criminal-and-related-grounds#A(2).%20Offenses%20Involving%20Controlled%20Substances   You should consult with an immigration lawyer about your situation before undertaking any steps forward. ... Read More

What you need to do is apply for a change of status from a visitor visa to a student visa. The time would depend on the Office that would adjudicate the petition but it can be done. Keep in mind you would have to explain that your original intent was to visit and then after you arrived in the states you then arrived at the idea that you wanted to study here. Keep in mind that if you do succeed in getting the status change that if you ever exit the country and then return you must reapply for a student visa as the i94 card must match the visa stamp in your passport. Your other option and perhaps the best is to go home and process at the consulate there for an f1 visa as it is faster and u won’t be out of status here if you apply here and it is denied.  Counsel anywhere in the USA can assist you. ... Read More

If he was only barred because of deportation based upon an overstay, 10 years have elapsed since the deportation, and you have permanent resident or US citizenship status, you can apply to have him come back in through the petition process. We do not quote fees publicly, but they are reasonable.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 More

It would be advisable to hire counsel anywhere in the US. If husband entered the country legally and u are a US citizen, then u can petition him for his green card. The whole process from start to finish takes about a year. A carefully prepared application assures the best chance of success. Immigration officers are now meticulously scrutinizing each marriage application so best to hire counsel. ... Read More

You would have a 60 day grace period to leave the United States given the fact that the employer would have ended your job a full 2 years before the ending date of your H-1B petition. U.S.C.I.S. believes that under the circumstances, you can use the time to find another position, change status, or leave the U. S. 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 More

Much more information is needed to determine what, if any, immigration benefits may be available to your friend. Additional information is needed about his immigration history including his date and manner of entry, his daughter's immigration status, and whether he was previously ordered removed. You can read more at http://myattorneyusa.com/removal-and-deportation-defense.... Read More

Costs will vary depending whether you use an attorney. Without an attorney, you will likely spend $1,000 to $1,500 including application fees, translation fees, medical fees, and fees to obtain government records. Attorneys' fees will vary.  The timing will also vary depending upon your immigration status, whether your spouse requires any waivers, and spouse's country of citizenship. Assuming you are a U.S. citizen, the process can take anywhere from 8 to 18 months.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You would have to be a U. S. citizen to assist your parents and your brother to permanently immigrate to the U. S.  You would file I-130 petitions for alien relative for all of them at the Chicago lockbox of U.S.C.I.S. when you become a citizen. Based upon today’s situation, processing for your parents would take approximately one year and your brother 10-12 years. If your brother has alternate ways of immigration, he may wish to explore those in light of the long period of time that it will take him to immigrate. 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 More

A United States citizen cannot file an immigrant visa petition on behalf of a parent until he/she reaches the age of 21. Once you are 21 you may file an immigrant visa petition on behalf of your mom. The process your mother will need to go through to obtain a green card will vary depending upon her immigration history including her manner of entry. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

An F-2 holder is not allowed to work, even under an EAD. So if you work under the EAD, you would violate your F-2 status. If you wish to maintain your nonimmigrant status, you should not work.  There does not actually appear to be much controversy over the policy.  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 More

Administrative processing can happen for a variety of reasons. Have you tried contacting the U.S. Embassy by phone or email to inquire about the status? If so, what was response? You could also contact your local congressional representative if it has been more than 90 days. The congressperson's office can inquire in your behalf. ... Read More

A) No. Your wife cannot seek to change or extend her status if she has no intention to depart the United States. This will be construed as a material misrepresentation and can lead to a permanent bar to admission. You may rely on a joint sponsor if your income is not sufficient to meet the affidavit of support requirements. B) Possibly. You may be able to use your wife's income or assets to meet the affidavit of support requirements. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.... Read More

It may be possible. You may be required to file for a re-entry permit. This a discussion best had in a consultation. You and the attorney can discuss your needs and devise a strategy that allows you to achieve your immigration goals while being a least disruptive to your business. You can read more about EB-5 at http://myattorneyusa.com/investment-immigration.... Read More

You will likely face secondary inspection. You should travel with a certified copy of the court disposition. So long as you did not previously admit guilt, you should be admitted. You may want to consider consulting an immigration attorney before leaving just to go over what to expect in more detail and for a more thorough assessment.... Read More

When sponsoring someone, it is your annual income that is important. The necessary income will depend upon your household size. You can find the amount required on Form I-864P. You can read more about sponsoring an immigrant at http://myattorneyusa.com/overcoming-presumption-of-public-charge.... Read More