North Carolina Immigration Legal Questions

In looking at your history, putting down the fact that you have three siblings now in the US if you did not put them down previously would in my estimation not be a reason to deny the visiting visa renewal application. You have shown that you have adhered to the terms of the B1/B2 visa over the years; attempting to immigrate through brothers and sisters is a very long process and not usually a temptation to abuse the visa by overstaying in the US: and you may be able to say that you were confused by the form question that you thought asked whether you had any immediate relatives in the US which you thought only meant spouse and children. 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

Your boyfriend has to qualify for a visitor visa on his own merit. USCIS normally requires that he provide tax returns, paystub's from his job, a letter from his employer, and a property appraisal if he owns a condominium or a home in his own name. However, if you want to sponsor him for a fiancé visa, then you will have to provide other evidence like an intent to get married and evidence that you have met him within two years of filing for a K fiancé visa. You should work with an immigration attorney. Some of us charge a very affordable flat fee to handle the case from start to finish.... Read Answer

A H-4 visa only allows reentry as H-4, not H-1B. Your spouse of course must still be maintaining H-1B status. If you use the H-4 visa for reentry, you will be admitted as H-4 and will not have the authorization to work under your H-1B visa status. I suggest that you rethink your strategy and if you are making this trip, arrange an appointment with the American consulate or embassy to apply for the H-1B visa. 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 instructions to the I 864 that explain the process when it comes to what a joint sponsor needs to supply to the government. If you do not understand these instructions, some of us will be able to take over the case, even though it's pending. Counsel in any state can represent you.... Read Answer

As you were supposed to give the packet to the officer at the port of inspection, you should arrange with Customs and Border Protection at any airport with international flights to give in the packet. If they have not already created a record of your arrival, they can do so at that time. 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

Do you not have medical insurance under the international student program? Did you try to contact the state health department and other programs that are available to help pay for treatment? You should look through the options and if you need help consider paying for a consultation to go over your options. If I-131 has already been filed, not much can be done. However if its not filed yet, you can try to expedite it.  Applying for U.S. travel documents can be a long and complicated process, but it doesn't have to be. If you need documentation within a certain time frame, you may be able to expedite your travel documents through Form I-131 or advance parole.I highly recommend to hire an attorney to help you navigate the process. Thank you.... Read Answer

I'm sorry to hear your husband's visa was denied due to inadmissibility with no waiver available. It's a difficult situation.  The first step is to understand the specific reason your husband was found inadmissible. This information should be included in the visa denial letter. Common grounds for inadmissibility include criminal history, security concerns, health issues, or immigration violations.  An attorney specializing in immigration law can provide specific guidance based on your husband's situation. They can advise on the possibility of appealing the decision (if applicable), exploring different visa options, or waiting for circumstances to change that might allow a future application. It is advised that you schedule a consultation with an attorney of your choice to go over all of your options available. While some information is available online, an attorney can analyze your situation and explain the legal options available to you and your husband.   The small consultation fee is an investment in getting professional guidance through a challenging situation. It can save you time, frustration, and potentially money in the long run by helping you navigate the legal path most likely to lead to a successful outcome. ... Read Answer

H-1B generally requires that you enter a selection process with USCIS in March to see whether you are selected to be allowed to participate in the H-1B program if you are working for a private company. That is unlike E-3, which has no limitation on the number of individuals who can participate. The advantage of H-1B is that it is a dual intent visa under which you can intend to immigrate and at the same time be allowed to stay here on a nonimmigrant basis. The E-3 falls within a gray area, under which it can be denied if there is immigrant intent on your part, although it is treated in most cases more favorably than applications based upon visiting or studying. If you are selected, and if you decide to remain in the US, you can apply for a change of status which will allow you to remain in the US when the H-1B takes effect in October or later assuming that you are approved. After the H-1B takes effect, any trips that you wish to take outside the US except to Canada or Mexico for 30 days or less would involve obtaining a H-1B visa in the passport before being allowed to return to the US. 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

Given the instructions, it appears that you should put down Soviet Union. I believe that most if not all USCIS personnel would not hold it against someone putting down Russia as opposed to the Soviet Union on a green card application. Putting down one or the other would in no way comprise a ground of misrepresentation. 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

Probably not. USCIS allows applicants and petitioners to file with copies of documents, so when it asks for the originals, that is because it wants them. If your originals are not available, you may try to give an explanatory letter as to why they are not, and provide whatever alternative documentation that you believe covers the same information as in the requested documents. 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 should be able to obtain copies of your arrest record from the police authorities in the jurisdiction in which you were arrested in most cases. You may or may not be able to have the arrest record certified. In our experience, USCIS officers generally do not insist upon having an arrest record certified if there is a certified disposition by a court. On the matter of the total amount of days that you were incarcerated, most individuals remember the exact number of days – otherwise, they can give their best guess. The point at which the number of days becomes important may be where there is question as to whether a crime is a felony as opposed to a misdemeanor or whether the crime should be considered an aggravated felony or if an offense can be considered a crime involving moral turpitude with issues of inadmissibility or deportability. In those situations, the exact number of days incarcerated may prove important. 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 father changed your name legally, you would likely have to change it back legally in order to use it. The situation of trying to use your birth name is complicated, especially if all your other documents are in your changed name. For example, if you entered the US with a passport in your changed name, USCIS will likely have a difficult time accepting your birth name even if accompanied by your birth paper. 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

J-2 visas are given in the discretion of the consular officer, and there is a presumption of immigrant intent which must be overcome before such visas are given. Perhaps your wife can make another application with the embassy and bring all proof that she has many ties and bonds with Jamaica which would incentivize her return after her temporary stay in the US. 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 can apply for an EAD if you choose to file for adjustment of status through form I-485 application to adjust status to permanent residence. Work authorization through form I-765 is an ancillary benefit that can be applied for by those filing for adjustment. I note that if you file for adjustment, you should request the NVC to stop processing your matter for a consular interview. 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 is a possibility of doing so, but that would depend upon a variety of factors including the person’s age, immigration history, and cooperation of an exchange visitor organization handling au pair (nanny) applications. Generally, an au pair must be proficient in spoken English, be a secondary school graduate or equivalent, be between 18-26 years of age, be capable of fully participating in the program as evidenced by satisfactory completion of the physical, be personally interviewed in English by the organizational representative, and be successful in passing a background investigation. Other than the au pair program, you and the interested party should consult with an immigration lawyer for any other possibilities. 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 you are a US citizen 21 years of age are more and your mother has a parent or parents who are US citizens or permanent residents, she might be able to qualify under the I-601A provisional waiver program under which you would sponsor her for the I-130 relative petition, she would apply for an I-601A waiver of the 10 year bar while here in the US based upon extreme hardship to a parent, and once approved, she would consular process her immigrant visa at the American Embassy in San Salvador. If everything is okay at the interview, she would likely be outside the US for approximately a couple of months. Lacking a parent, there is the possibility that you might be able to petition for your TPS father if he is not subject to the 10 year bar, he would obtain his permanent residence first, and then serve as the base relative from whom your mother might be able to derive the waiver if she is able to prove that he would suffer extreme hardship if she could not be granted the waiver. 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

Oh OK so at your interview for the L visa, it is imperative that you disclose all the facts and be completely truthful about your situation. The L visa is a non-immigrant visa and therefore is temporary in nature. So if during the interview, the officer realizes that you are married to a US citizen, then that would cast a lot of doubt on your intention to immigrate only temporarily using the L visa. And therefore that would be considered to be problematic because you are expressing a conflicting intent. On the one hand, you intend to only temporarily reside in the United States, but by getting married to a US citizen, you put that intent to temporarily reside in doubt.           ... Read Answer

If mom is a US citizen or has a green card, then She can sponsor your stepdad. If not and you are a US citizen then you can sponsor mom for her green card then mom can sponsor stepdad when mom gets her Greencard. If marriage between mom and stepdad occurred before you turned 18, then you could have sponsored stepdad. ... Read Answer

For assistance in having a case stuck at a consulate or embassy or administrative processing, we generally recommend that you seek the assistance of your local US Congressman or Senator as they usually have more influence with US consuls than even lawyers. It is hard to know why cases sometimes are placed under administrative processing, but they possibly could have questions concerning relationship, status of the petitioner, criminal records, suspicion of gang affiliation, etc. 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