Nebraska Immigration Legal Questions

As you know, you can apply for your mom and dad (I will assume that you were not adopted by someone else and that these are your natural parents). For your stepmother, you can apply directly for her as long as your father married your stepmother before you turned the age of 18. If not, you can petition for your father, and he can then petition for your stepmother when he becomes a permanent resident. 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 you are over the age of 21, you would not be able to have a concurrent filing of the I-130/I485 applications as the I-485 Adjustment of Status to Permanent Residence Application can only be filed where there is visa availability. For the month of February 2023, USCIS is accepting the Department of State’s dates of filing visa chart which will allow adjustment of status applications to be filed under the F-2B category for individuals in most of the world except natives of Mexico and the Philippines for whom I-130 petitions were filed prior to January 1, 2017. Without the ability to file the I-485 application, you would not be allowed an employment authorization based upon your mother’s petition as such work privilege is ancillary to the I-485 application. 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 mother entered under an immigrant visa that allows dependents and you are under the age of 21, you could quite possibly file an I-485 application under the follow to join category and forgo filing the I-130 petition. Alternatively, you can concurrently file I-130 and I-485 as long as you are maintaining legal status and are under the age of 21. I note that if you are over the age of 21, you may still be able to file the I-485 application if your mother entered under an immigrant visa petition allowing for dependents and you can still be classified as a child under the Child Status Protection Act.  If you are able to file the I-485 application, you are eligible for a work permit and can file the I-765 request for such concurrently. 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

You may face a problem when returning to the US since the filing was untimely. I note that USCIS is trying to be more kind to people caught in your situation of not being able to leave the US, but I do not know whether an adjudicating officer will extend that kindness to your late filing. 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 is a danger that if you are applying for an I-485 adjustment of status during the time that you are seeking F-1 reinstatement, U.S.C.I.S. may check the system and deny the F-1 reinstatement request on grounds that you are an intending immigrant. If you intend to consular process your DV application instead of seeking adjustment of status, such would not come to the attention of U.S.C.I.S. I assume that you were just selected and so will have until September 30 of next year for completion of your DV immigration application. If you are thinking of a later adjustment, you may wish to delay the I-485 application at this time even if your number is current to await the result of the reinstatement request. 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 should still be able to travel in and out of the US even though you have an I-130 petition filed as long as you do not need to apply for an F-1 visa before reentering. That being said, the safer way is for you to file the I-485 application to adjust status since the F-2A category is current for filing and at the same time apply for advance parole on form I-131 Application for Travel Document. Such can be adjudicated within 3-6 months of filing. With the advance parole, you would be allowed to travel in and out of the US during the time that the application for permanent residence is pending. 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 the basic half of the time in the U. S. over the past 5 years does not mean that an immigration officer cannot deny the case if he or she believes that the individual has not kept up a primary residence in the U. S. The fact that your uncle never had a job or house or rented goes against him. Before filing an appeal, your uncle may wish to gather other items that would show ties and bonds with the United States. For example, proof of drivers license or state identity card, ownership of personal and real property, memberships in U. S. associations and clubs, U. S. credit cards, etc. If he decides to go forward with an appeal, he may also wish to explain what he has been doing in the U. S. and what he has been doing during the time that he has been overseas. 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. 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 K-1 visa is only for fiancées/fiances who are overseas. It sounds from your question that your ex-wife is here in the States. But even if she was overseas, it would be hard to imagine an American consular officer agreeing to approve the petition  and a related application to remove a 10 year bar as there would likely be deep suspicion that you are only doing her a favor since you did not even remarry her. If it will be a bona fide marriage for the purpose of living together permanently as man and wife and not just to do your ex-wife a favor, get remarried as a first step.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 inform... Read Answer

Assuming that you are a US citizen and that your fiancé and his daughter are in the US and entered the country legally, they may be eligible for adjustment of status to permanent residence without leaving the country. In such case, you would file I-130 petitions for both of them, and your then husband and his daughter would file I-485 adjustment of status applications at the same time. The cases would be submitted to the Chicago lockbox of U.S.C.I.S. and you would normally expect to be called for interview within a year.  If you are not a US citizen or there are other complications, you may wish to consult 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

Our opinion is that you would not require further paperwork to resume H-1B work with an employer which has not notified U.S.C.I.S. of the cancellation of your H-1B petition. I note that employers who do not terminate H-1B's with U.S.C.I.S. upon the separation of the employee do face liability from such employees suing them for wages after they have been separated on the grounds of no proper notification and no termination of H-1B status. The Labor Department has upheld a number of cases on these points for the H-1B holder.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 limited waivers available to aliens who have been convicted of aggravated felonies. It is unlikely he will be able to return to the U.S. However, without knowing more about his criminal history, it is difficult to make a definitive assess. You can read more about the impact of criminal convictions at http://myattorneyusa.com/criminal-aliens.... Read Answer

Where an individual is a minor in an application to remove the conditional basis of residence status, U.S.C.I.S. has been known to ask that the petition be signed by both the minor and either the natural parent or the petitioning stepparent. If you can still have the cooperation of your parent and stepparent, the  emancipation would have no effect upon your further application to complete your immigration.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 statute of limitations to filing a lawsuit against USCIS. Many actions against USCIS are governed by the APA, but without knowing more about your allegations, it is difficult to determine what statute of limitations apply. You may want to consult an attorney just to understand the process better.... Read Answer

Yes, you may remain in the United States. Your visa is simply an entry document. Your authorized stay in the United States is controlled by your I-94 and I-20. You will need to apply for a new visa when you need to travel outside the United States. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

I assume that with your reference to a 1997 visa bulletin date for the F-4 category, your family is born in Mexico. The rest of the world except for India, Mexico, and the Philippines is already up to the year 2003 for immigrant visa availability in the F-4 category. Unfortunately there is no speeding up of the category unless the dependent spouse is born in another country. In that event, there could be a cross-charge of the dependent’s country of birth instead of Mexico. I would suggest that if your father or mother has education or an employment based skill that could be the subject of employment sponsored immigration, that would probably be a better way to go. The EB-2 category for persons with advanced degrees (or bachelors +5 years of progressive experience) is up to February 2014 for Mexico born, and the EB-3 category for skilled workers or those who only have a bachelors degree is up to May 2016. (I note that the EB-2 category is expected to rebound to a more current date in the October visa bulletin). 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 make corrections to your Form N-400. Whether you need an attorney is a matter of personal choice. You are not required to retain an attorney but it may be helpful. A mistake should not result in your denial but it can lead to more questions and increased scrutiny. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

Generally speaking, an individual who is here for 16 years without more would have to go to his or her home country to obtain permanent residence. There are exceptions, such as those who are granted political asylum or who have the benefit of section 245(i), under which individuals who had a labor certification or immigrant visa petition filed by April 30, 2001, and are able to prove physical residence on December 21, 2000, are allowed to adjust status upon the payment of a fine amount of $1000 if they have a basis to immigrate. Persons here 10 years with good moral character may be allowed to stay through cancellation of removal, but would have to prove exceptional and extremely unusual hardship to a U. S. citizen or permanent resident spouse, parent, or child under the age of 21 and unmarried. That application is done before an immigration court and not U.S.C.I.S., which usually means that failure results in an order of removal. I note that a return to the home country where an individual has a basis to immigrate usually involves a 10 year bar against return, and the applicant would have to obtain a waiver of the bar to safely return. Such would involve the filing of an I-601 waiver of excludability after being rejected for the immigrant visa, or an advance filing of a provisional I-601A prior to consular processing for those who are eligible for it (currently open to immediate relatives of U. S. citizens, but to be opened to all classes within presumably the next few months). The standard of both I-601 and I-601A waivers is the establishment of extreme hardship to the qualifying family member. 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

Once you are engaged you will need to file a fiancé visa petition on behalf of your fiancé with USCIS. This requires completion of the fiancé visa petition form and submission of supporting documents. The supporting documents must establish you have met in person within the past two years and that you intend to marry within 90 days of his entry. After this petition is approved, your fiancé would apply for the actual visa. He will need to complete the visa application and submit required evidence. He will be interviewed and if all goes well issued the visa. Once your fiancé enters the United States, you will have 90 days to marry. After you marry he will apply for his green card. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

Your husband's child may have derived United Stares citizenship if your husband was a citizen at birth. If this is the case, his child may be able to obtain a U.S. Passport. Your husband will need to meet several criteria but if established she could be issued a U.S. Passport and use it to enter the country. You can read more about deriving citizenship at birth at http://myattorneyusa.com/deriving-citizenship-through-parents-at-birth.... Read Answer

You really should start by having an attorney review his immigration record. A copy of the record can be obtained through the Freedom of Information Act. This requires your husband to request or authorize the release of his records to an attorney. Once an attorney reviews the records, he/she can tell you how to best proceed. It may be as simple as filing a Form I-130 or the case may be more complicated requiring one or more waivers. You can read more at http://myattorneyusa.com/family-immigration.... Read Answer

Whether this single woman can obtain a visitor's visa will depend upon her ties to Russia and her intent to return. It will likely be very difficult for her to obtain a visitor's visa unless she has strong ties to Russia. She can always apply.  A visitor visa is not to be used to circumvent the is country's immigration laws. If you think this relationship is leading to marriage then it may be best for you to travel to Russia to meet her. You could also choose to meet in a third country to which she can obtain a visa. After you have met, you could pursue a fiancé visa for her. You can read more about the fiancé visa process at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer