Nevada Immigration Legal Questions

As USCIS sent you the approval notice after the time has expired of your request to stay, USCIS expects that you will leave as soon as possible. There is no grace period of time. However, no one will be coming to chase you out of the country. You should also have no problems leaving the country. The principal thing to watch out for is the unlawful presence bar under which a person who stays in the US for more than 180 days after date of expiration is generally barred from returning for three years. Applicants for timely extensions are allowed to wait in the US until the time of their adjudications, which in your case was up until October 17. October 18 would begin the counting as day 1 of the 180 days. 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

While venturing to say that state professional licenses are generally not given for immigrants without status, you can check your particular state board’s rules on licensing to ascertain whether there is room for exception. 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

Assuming that you are not subject to a two-year home residence requirement because of the J-1 visa, you should be able to stay in the States if you are marrying a US citizen or permanent resident. With a permanent resident, you would have to file the I-485 application for adjustment of status with USCIS prior to the expiration date of your J-1. The I-485 filing would place you in a quasi-legal status until the time that the agency makes an adjudication on your 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 More

A foreign national who crosses the border with a visa and is married to a US citizen can adjust status to get a green card without returning to her native country. If your intention upon arrival was just to visit, but then that intention later changed to stay permanantly, then you should be fine. I would not handle the case by yourself though due to the issue regards to concealed intent.  Retain counsel for representation. Good luck. ... Read More

So you didn't say if your brothers and sisters are US citizens. If one of your siblings is a United States citizen, then that citizen can sponsor you for a green card, but it takes roughly about 12 years before your priority date becomes current, and you would have to process your permanent residency at the US consulate overseas. ... Read More

You have an unfortunate situation that many attorneys are uncomfortable with answering unless they have enough time.  It seems like you assume that you will get advanced parole.  The Trump Administration was not issuing advanced parole.  This policy may continue even when Biden becomes President. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who can take enough time to explain the situation to your satisfaction.  However, most will place a value on providing this sort of legal advice. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

The benefit is that you will have given your brother a different way to immigrate to the US as there is no absolute assurance that he will be able to later immigrate through your parents. Immigration laws can change over time and visa availability in the various categories may also change. At present, your applying for your parents and then your parents applying for your brother (assuming that he is unmarried) seems the quicker route, especially if your brother is under the age of 21 at the time that your parents immigrate. However, petitioning for your brother gives him another option. I note that such a petition will generally not have a negative effect upon your brother's obtaining a nonimmigrant visitors visa or being able to otherwise come to the US since the timing of the sibling petition is very long and most US consuls would not say that there should be a strong presumption of immigrant intent on the part of your brother if he wants to visit the US during the period of a sibling petition. 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

No actually, you don't need a letter from a lawyer or you don't even need a letter of invitation from the guest host, which would be you. What your cousin needs to do is to establish proof to the US consulate in Guatemala City, that he has sufficient ties to that country that will convince the consulate officer interviewing him that he will return once his visit is complete. Now the way to do this is to submit tax returns of a three or four your period, showing his employment history. It would be advisable to get a letter from his employer showing his rate of pay, the number of years he's worked For that employer, the fact that he's a very good employee and he's going to continue to work at the company. Another good thing is to show if he has any property or if he doesn't own property, then he should provide a lease that he's paying rent on, and how many years has he been at that place where he's renting that would also be a good idea to submit. But if he does own property then he should submit a copy of the property appraisal report which shows the net equity in the house, which would be the market value minus the mortgage on the house. So if he wants to get an expert appraisal for the property he owns that also would be a good idea. Hope that helps.... Read More

Unfortunately I am not aware of any new opportunity or special visas for people from Honduras. It appears that the aim of this administration is to stop and not assist migrants from Latin America. I am only aware of the present injunction by the Northern District Court of California in Ramos v. Nielsen in which temporary protected status and employment authorization are automatically extended to eligible persons from Honduras among other countries until January 4, 2021, or for as long as the injunction remains in effect against the Trump administration.  insofar as  a provisional I-601A waiver is concerned, your husband would not appear to be eligible for it even if he was back in the US as he appears to be under a permanent bar by virtue of the two orders of removal unless his last entry prior to the removal in 2019 was before April 1, 1997. 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

I do not understand as a petition which is rejected is rejected almost automatically, and the petitioner is free to refile almost immediately (in your father's case with a new form). That being said, there is no special visa that would allow your sibling to enter the US and live with you and your sister because of his health reasons. I note that the Trump administration has even taken steps to deny deferred action relief to those seeking to stay for strong medical reasons, and was only forced to temporarily step back by strong adverse publicity. 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

Whether your mother can come back may depend upon how many years she has been back to Mexico. If she went back at any time after being illegally in the U.S. 1 year or more after April 1, 1997, she incurred a 10 year bar against returning to the US. In that situation, if the 10 years have already passed, then she is eligible to return once your petition for her is approved and she goes through consular processing as long as she has no other bars, e.g. crimes or fraud. If 10 years have not passed, she would not be able to return unless she is able to obtain a waiver based on extreme hardship to a US citizen or permanent resident parent or spouse. You cannot be a qualifying relative for the waiver. Another problem that she has is that you are contemplating petitioning for her as an immediate relative which would allow her to immigrate, but not your baby brothers. She would have to immigrate first, and then petition for your 2 brothers separately. Fortunately the F-2A category for unmarried children under the age of 21 of lawful permanent residents is fairly quick these days, but the processing would still be about 2 years.  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

In your case, you need a credible joint sponsor of sizable income and/or assets unless your father is of working age and has a history of good employment. In the latter case, the person doing joint support does not require such a  a large amount of income/assets. You can either put down $0 if you made no money in 2018, or an estimate of your current income with proof of the amount. Your father will basically be relying on the joint sponsor for the financial support. It should be a close friend or relative, and it might help to have your joint sponsor give a statement that he or she recognizes the obligations of support and the reasons for which he or she would assume the obligation. 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

NO, if he entered the US unlawfully, under the current immigration laws, he is not eligible to legalize his status within the US. He would need to go back to his home country but by leaving the US, he will automatically trigger a 10 year bar to reentry, which can only be waived by a s howing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read More

Although it may be possible under different sets of circumstances for individuals to change status from B-2 to a working visa status, there would not appear to be a temporary visa status that you could apply for as a caregiver in home care. The nature of such a position is not highly skilled enough for H-1B and not of such a short-term nature as to qualify for H-2B visa status. If this is home care for a child instead of an elderly or sick person, you would likely not qualify for the J-1 exchange visitor program as that is for young adults.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

OPT postgrad only requires that an individual work 20 hours a week in a field related to the schooling. I see nothing wrong with your being able to prove the 20 hours a week through your paychecks. I note that most paychecks have another part that shows the number of hours worked. Such would also help although it is not necessary as long as the rate of pay per hour is known.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

In a consular interview, you can explain the situation of your overstay to an officer who will determine as a matter of discretion whether he or she will give you a B-2 visa. Dependent upon the reason and your credibility as seen by the consular officer, the visa may or may not be given.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

Instructions for how to apply for a Lebanon police clearance (judiciary police record) for your wife in the Philippines is contained in the Foreign Affairs Manual. The excerpt is below:   For those residing outside Lebanon, the request must be processed through Lebanese embassies/consulates, but applicants may experience extremely long waiting periods before they receive the document, or may not receive them at all. The "Judiciary Police Record" may also be requested through a lawyer having a power of attorney from the individual authorizing the request. The "Judiciary Police Record" presented by an individual does not mean that the individual is clear. It just states that "this person does not have any court sentence against him". I hope the information helps. 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

Currently U.S.C.I.S. processing times indicate that the Vermont service center is reaching I-751 cases that were filed in July 2016 and the California service center those filed in June 2016. So it is not surprising that you have not heard anything from U.S.C.I.S. since doing your biometrics. If you wish, you can make an Infopass appointment with the local field office of U.S.C.I.S., explain the situation, and you should be given an I-551 temporary stamp of residence while you are awaiting the adjudication. 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

As long as the visa on which you came to the US was valid, your overstay should not affect your having your immigration status fixed as long as your boyfriend is a US citizen. The status of being the spouse of a US citizen forgives the immigration violation of an overstay.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

As you are a Canadian, you do not require a visa to enter the United States for visiting purposes. If you have a valid reason for being in the US for visiting purposes such as visiting with your boyfriend, you can explain that to the inspecting officer upon your entry with a Canadian passport. Similarly Canadians are not required to have H-1B visas put into their passports. At the appropriate time, you can approach the port of entry with your I-797 H1B approval and requested admission into the US to take up your H-1B position. You may of course have to explain what you were doing in the United States from June-October 1.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