Montana Immigration Legal Questions

To expedite an immigration petition or application is very difficult and the reasons do not include escaping the slow line of adjudications. To your other questions, USCIS decides the venue of the office that will adjudicate the I-130 petition. You cannot pick to have it transferred to the USCIS field office in Helena. What you can do, however, if your husband is not subject to a two-year home residence requirement by virtue of his J exchange visitor visa or inadmissible for any other reason, is to file the I-485 application at this time. By doing it in this way, your husband may be able to have the I-130 consolidated with the I-485 and either have the interview waived or have it held in Helena, if that is your 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

For chefs, the H-1B visa is generally not a good choice as being a chef does not require a specialized degree. H-1B visas are given for specialized occupations requiring baccalaureate or higher related degrees in the occupational field. O-1 classification for extraordinary chefs is the more proper visa category. An option could be an organization sponsoring a cook or chef for permanent residence under a labor certification. For persons born in most countries of the world except China and India, the approximate time of such a case if everything goes well is approximately two years. I note that being sponsored for a labor certification alone does not entitle an individual to remain in the US during most of the time of processing. A further option may be changing status to go to school in the country under F-1 or M-1 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

If your ex-wife remarries and if the new husband files for sponsorship, you would still be on the hook if your ex-wife attained conditional residence through your sponsorship. On the other hand, if her case through you was denied, you would not be responsible as the I-864 is a contract between you and the government under which the obligation begins when your ex-wife received the benefit. 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 possible his visitor visa will be denied. The consular official must be satisfied that your friend will not become a public charge and will depart the United Srares in compliance with his authorized stay. Your friend not having employment will work against him. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

Hello. He should be allowed to go before an immigration judge first before the possiblity of being deported. Of course depending upon his felony and the sentence he receives will depend if the immigration judge has to order him deported of if there would be an opportunity for him to stay. Please contact me for a free consultation to determine what options are available for him.... Read Answer

You will not have problems on any advance parole by virtue of being out of status for a few days. Under a decision by the Board of Immigration Appeals, advance parole is not considered an entry for purposes of unlawful presence. Even prior to the Board's decision, being out of status for a few days would not have any effect upon the admissibility of a person like you on advance parole.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 not clear what you are asking. Once you submit the paperwork to obtain a green card, you will first receive a filing receipt followed by a biometrics appointment notice. It is your burden to prove eligibility including manner of entry. You may receive a request for evidence e if necessary initial evidence is missing. You may be called for an interview depending upon how you are seeking a green card, your immigration history, and criminal record.... Read Answer

Although a foreign person entering the U. S. on a visa waiver for 90 days is not allowed to conduct such personal business as you describe, the immigration law restrictions would have nothing to do with the legality of a contract that you enter into with a U. S. citizen. Although there have been attempts by municipalities to make such contracts voidable, they have been declared illegal by the courts as infringing upon the federal government’s right to place restrictions upon aliens in the United States. 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

Hello. If your wife has a tourist visa and is Mexican, she should have a visa. I would need to review it, but if it is in her passport, she should have received an entry stamp. If she has the tourist card (laser visa), then she is presumed lawful. This would allow you to file her adjustment of status. We see these types of cases in San Diego a lot. If you need help, feel free to contact me again for a free consultation. 858-874-0711 or harun@ksvisalaw.com ... Read Answer

Baby:  You need to register the baby soon after she is born with the American Consulate in your country.   Girlfriend:  Since you are both living in Jamaica, you could marry her in Jamaica and start the process for her green card while there.  You will need to prove your intent to re-establish yourself in the U.S.  If you do not have sufficient income to meet the Poverty Guidelines for the Affidavit of Support, you will need a co-sponsor.     Please contact an experienced immigration attorney to sort out the details.   Evelyne M. Hart, Esq. EVELYNE M. HART, PC - IMMIGRATION LAW OFFICES 1440 N. Harbor Boulevard, Suite 900 Fullerton, CA 92835 (714) 447-1282 ehart@hartimmigration.com www.hartimmigration.com      ... Read Answer

Hello Anonymous in MT, You can certainly re-apply after your I-90 application to renew your green card has been denied, however, before you do so, you need to find out why it was denied in the first place so that you do not repeat the same mistake. Some simple reasons for denial such as using an out of date form, ticking the wrong box, or sending in an insufficient fee can be easily corrected. Other reasons may be complicated and may require that you sit down with an attorney to discuss the details of your case to determine how and when to re-apply.  If you have criminal convictions you should definitely see an immigration attorney before you consider re-applying. Please take the denial letter with you as that will provide the attorney with information as to why your case was denied.   Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.   ... Read Answer

Dear Madam/Sir, Thank you for posting your question. There are intricate rules governing this area of the law.  It is called "Citizenship by Acquisition" wherein foreign nationals may acquire US Citizenship through their parents or sometimes their grandparents.  I have written an detailed article to try to capture as much as possible in this subject.  You can find my article here.   If you have further questions regarding this area, please do not hesitate to contact me. Gus M. Shihab, Esq. 1-877-479-4USA (4872) www.ShihabImmigrationFirm.com... Read Answer

Dear Madam, Thank you for posting your question.  Congratulations on your planned marriage. Yes, so long once you file your paperwork prior to his visa expiration, he is eligible to reman in the US legally during the period of "authorized stay" pursuant to his application for permanent residence.  I wanted you to know that for immediate relatives (your fiance would become one once you get married), US immigration laws do not penalize those who submit their petitions even after their visa had expired.  The most important element in such applications is that the alien had been "admitted or paroled" into the US.  An H-2B visa recipient is certainly admitted.  But having said that I would highly advise you to file your petition and application prior to his visa expiration in order to avoid any immigration complications. Please let me know if you have any additional questions or comments.  The Law Firm of Shihab & Associates, Co., LPA 1-877-479-4USA gus@shihablawyers.com... Read Answer