Louisiana Immigration Legal Questions

Are you a US Citizen? It appears that she was probably approved but that she has to file a waiver. In order to approve a waiver application, you have to prove that you (not she) would suffer "extreme hardship" if she was not granted a green card. You should retain an attorney to represent you in the matter.      ... Read Answer

There are two difficulties with your plan. The first is that coming to the US and immediately trying to change status to H-1B could raise questions concerning your actual intent under B1/B2 when you came in, and whether it was inconsistent with the type of visa under which you entered. The second is that there is no separate form to change status for persons who already have approved H-1B petitions marked for consular processing. Your petitioner would have to file the H-1B petition all over again in a H-1B amendment requesting change of status instead of overseas processing. 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 are a multitude of issues that you both would face if you intend to marry and adjust status for your spouse thereafter. Among them are overcoming the 90 day presumption of fraud if you marry prior to that deadline, adjusting status on the visa waiver program, your status as both the marriage sponsor and the financial sponsor, and the brand new declaration of self sufficiency form. Discuss these issues and more with an attorney in a free private phone call.  Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee to see the case through to conclusion. ... Read Answer

When you ask whether you can claim your brother who has TPS as you are a US citizen, I assume that you are asking whether there is an easy way that he can obtain permanent residence through you. Unfortunately the immigration laws only allow you to apply for him under the F-4 category for siblings of US citizens, and that process from beginning to end usually takes approximately 12 years. During that period of time, he is not allowed to remain in the US just by virtue of your having applied for him. He may wish in the future to explore other avenues of immigration. There is also a good chance that another administration other than that of Mr. Trump will allow a path to residency if not citizenship for those who hold TPS. 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

Yes there is a pathway for her to stay here and obtain her green card. Immigration will closely scrutinize her intention of entering the USA to visit rather than to stay with you permanently. That being said, a carefully prepared application packet with copious supporting documents would maximize her chances of success. Counsel anywhere in the US can take your case. ... Read Answer

Someone who marries a US citizen is considered an immediate relative under US immigration law, and such individuals are allowed to adjust status even if they have overstayed their visas. In your case, the 30 day grace period is recognized as a period of legal stay. But even if you exceeded it before filing for adjustment of status, you would still be eligible for permanent residence. 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 will assume for purposes of your question that your husband is a US citizen.  A non-blood relative can act as the joint sponsor on the affidavit of support as long as the offer is credible. A typical adjustment of status to permanent residence case filed by a US citizen petitioner takes approximately a year to interview in most district offices of USCIS.. You can file for a work permit if you file the I-485 application to adjust status at the same time that you are filing the I-130 petition for alien relative. If your husband only files the I-130, you cannot apply for employment authorization. Even if you file a concurrent I-130/I-485 application, U.S.C.I.S. is taking approximately 3-8 months to process employment authorization cards. During that time, you would not have employment authorization. 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

Whether you are able to convert your tourist visa to a work permit depends upon your background and the opportunities that you may encounter. You may wish to make an appointment with an immigration lawyer to go over your possibilities.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

U.S.C.I.S. keeps immigration "A" files forever. Unfortunately you cannot think that the agency will forget about your case. I do note, however, that U.S.C.I.S. and its predecessor legacy INS were and are not tremendously good record keepers, and have not always been able to coordinate old files with new applications.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

At this point, there is probably nothing that you can do immigration wise as it appears from your facts that you both lived together from your marriage until July 2016, approximately 5 years. Your remedy is probably in the Family Court in divorce proceedings. U.S.C.I.S. generally likes to see whether a marriage was bona fide in its inception. If that is proven, later developments in the marriage usually have no effect upon the validity of a permanent green card.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

Having overstayed three years, an individual filling out the I-589 form will generally be adjudged ineligible for political asylum, and the case will be adjudicated as one requesting withholding of removal, which if granted allows an individual to remain in the US as long as there still remains a valid fear of persecution in the home country. Withholding does require a higher standard of proof for approval than asylum. Where there has been no persecution in the past, an applicant must show the probability (over 50%) that he or she will be persecuted as opposed to an asylum showing which only involves a showing of credible fear.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 is always possible to marry persons who are single and of the right age to marry regardless of whether the person has criminal problems. The question is what you will be able to do for her immigration-wise when you are married, and that may depend upon what kind of drugs were involved and the amount in question. Also whether there was a "conviction" in the criminal court. Immigration law is very tough on drug offenders but does have a waiver provision for a conviction involving marijuana possession of 30 g and less. 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 cannot marry another without having your former marriage terminated. In every state, there is a record of marriage. In Louisiana, the office of the state registrar compiles and issues vital records for Louisiana citizens including for marriage. You can access the website at new.dhh.louisiana.gov. You can also check the records to see whether there has been a divorce filed by your marriage partner. If not, you can begin a divorce action on your own. 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

Possibly. Your girlfriend can marry you as slaw full permanent resident. She does not need to wait to become a citizen. Once married, she can start the immigration process for you. Depending why you were deported, you may be able to return to the U.S. You may require a waiver to return. You should consult an attorney. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

There is no fast method to obtain records from USCIS. You can submit a FOIA request with USCIS specifically asking for the EAD decision. You may also be able to retrieve a copy by submitting an e-Request at www.uscis.gov but this is less likely to work given it was denied several years ago.... Read Answer

If no hope of reconciliation, file for divorce and notify USCIS that you will no longer be responsible for her. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for the successful result you seek.  ... Read Answer

You will need to file a fiancé visa petition on her behalf. To qualify, you must have met in person within the past two years, be in a bona fide relationship, and intend to marry within 90 days of her entry. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

There are several options that may be available to your friend depending upon her background and immigration goals. An O-1 visa may be appropriate depending upon the success of her acting career. A student visa may appropriate so she can start by studying in the United States. However, there is not enough information which may be viable. This is really a discussion best had in a consultation. In the interim, you can read about work visas at http://myattorneyusa.com/work-visas.... Read Answer

There is no path to lawful permanent residence based upon length of time in the United States. You may be able to obtain lawful permanent residence through marriage to your United Stares citizen girlfriend. The process will depend upon how you entered the United States. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer