Ohio Immigration Legal Questions

If you wish to apply for an extension, you should do so prior to the time that you were requesting on the extension, November 3. Kindly note that if your first request for extension is denied, unlawful presence will begin on the date of denial. If you remain in the US 180 days or more after unlawful presence kicks in, you will be barred from returning to the US for three years once you leave. 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

I assume that your operation in the US is of a good size for you to think of applying for a blanket L. There is no written requirement of revenue or operational threshold, but that being said, USCIS many times looks at the size of the operation, and so bigger is better in terms of number of employees and revenues. Many officers believe that an overseas office should still be of a certain size to support an executive/managerial type of employee and perhaps a lesser number for an employee with specialized knowledge. The offshore entity would have to fit within the definition of an affiliate, which is owned or controlled by the US entity. The difference in applying for regular L-1 as opposed to applying for blanket L is that for blanket purposes, the company must establish that it has at least three qualifying organizations or a US workforce of 1000+ employees, or combined US sales of $25 million or more or has had at least 10 L-1 approvals in the past year. 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

If you are in the United States and entered legally, you may be eligible to adjust your status after marrying a U.S. citizen. USCIS allows individuals to apply for a green card through marriage, even if they are currently out of status. To ensure a smooth process and avoid complications or potential denials, it is advisable to work with an immigration attorney. Some of us offer affordable flat-fee representation to assist clients throughout the entire process. You can retain an attorney anywhere in the United States, as immigration law is federal, allowing legal counsel to represent you regardless of the state you are in.    ... Read More

The employment status of the immigrant beneficiary does not impact their eligibility for a spousal visa. The Department of State primarily considers whether the petitioning spouse meets the minimum income requirements to sponsor their partner. Since the process can be complex, it may be beneficial to hire an attorney on a flat fee basis to manage the case from start to finish. Some attorneys offer affordable flat-rate services for this process.     ... Read More

OK, so if your fiancé is inside the United States now, you can get married and then file to adjust her status to get her green card. If she is outside the United States, then you can either go over there to get married and process her for a spousal visa at the US consulate, or Just file a K-1 fiancé petition, and bring her over here on a fiancé visa. Once she arrives in the United States on a fiancé visa, you have to marry her within 90 days, and after that she can adjust status to get her green card. The fiancé visa pathway is taking a little bit less time than the spousal visa pathway.  ... Read More

Sounds very strange and a mistake of USCIS. One does not apply for adjustment of status and then receive an invitation for a naturalization oath ceremony. You or your legal representative may wish to call the USCIS Contact Center (1-800-375-5283) to find out what is going on. 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

You should be able to resubmit the same forms that USCIS returned. However, you should confirm if those forms have not expired. USCIS constantly updates forms so look at the USCIS website to see if there's a new edition. Regarding the fees, you would need to pay the higher fees because as of April 1, the fees increased. Since a case was not created, you are stuck with the higher fees. ... Read More

You can find lawyers through your Bar Association, newspaper advertisements, television, the Internet, the Martindale Hubbell list of attorneys, list of Superlawyers, and for immigration attorneys, nationality newspapers and the American Immigration Lawyers Association, etc. 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

Jurisdictionally, your case is with the immigration court, and not with USCIS. Therefore, you will not be able to be a part of your mother’s case with USCIS unless your case is terminated or remanded by the court to USCIS. You can go to the interview with your mother, but the USCIS officer will likely tell you that he or she can do nothing with your case as long as it is within the jurisdiction of the court. Assuming that you have a legal representative, that individual could then speak with ICE attorneys to see whether they would be willing to join in a motion to have your case taken out of the immigration court. 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

USCIS considers the date of receipt of an application or petition to be the relevant date in deciding whether an individual has timely filed. For cases with rapidly approaching deadlines, we will use a courier service like FedEx. Filing for F-1 status from H-4 without the spouse’s documents may be somewhat problematic as USCIS will want to see that the principal H-1B has been maintaining legal status. You will also require financial evidence of support sufficient for the schooling. That figure can be seen on the I-20 form which estimates the amount required for schooling and living expenses. A timely filing does not incur unlawful presence until the date that an application or petition is denied. At that point, day 1 begins on unlawful presence, not before. There is no grace period to leave if you become illegal after you are divorced and USCIS would like individuals who no longer have status to leave as soon as possible. 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

As you are applying for your mother as an immediate relative of a US citizen, a category that does not allow dependents, you must file for your mother first, and once she comes to the States, she can file for your brother. 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

More information is needed.  However, this 'may be' decided by Ohio alimony law, where he remarries and his new spouse has gainful employment. Is there an outstanding order for alimony?  This should also be reviewed by an Ohio divorce attorney. The rules concerning your form I-864 affidavit of support may or may not apply depending upon the facts.  These forms and their consequences can be discussed in detail with a competent immigration attorney.   You may need to fight an old alimony order by demanding discovery, where you have supported him up to this point.  You are allowed to try to determine if he is otherwise employed, where you are challenging an alimony order.... Read More

OK you may be able to go into the US consulate in Egypt, and explain that your mother has taken your passport. And you need to apply for a new passport. Now there may be an issue as to whether you can apply for a new passport without parental consent because you're under the age of 18, but that would depend on the laws existing that would be applied at the US consulate to your situation.   ... Read More

As a Canadian, your husband may be able to visit the US for short trips during the time that his immigration case is pending. However, he is not entitled to live in the US at this time unless he has a visa that allows him to stay in the US for a longer period of time. If he decides to visit the US for short trips, he should be honest with US Customs and Border Protection officers if they ask whether he has taken steps to apply for his US immigration. In such case, the decision to admit him would depend upon whether they believe that he is only coming in on the occasion for a short trip. 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

The green card allows travel for a maximum of less than one year by itself. So you are allowed to go out of the US for more than six months. However, you are considered to be seeking admission when entering after six months outside the US and may be subject to a more strict inspection. In addition, a pattern of absences of six months or more may lead an immigration inspector to doubt whether you have maintained your permanent 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 More

Your boyfriend needs to apply for a visitor visa and qualify independently. He applies by filling out a DS-160 at the US Consulate to get his B visa if he doesnt already have one. Your participation in the process is not required. He will increase his chances by also including a letter from his employer, paystubs for the last 3 months and tax returns showing stable income. Also if he owns property, he should submit a copy of that deed along with an appraiser report showing what the equity in the home is. ... Read More

It is always good to have a lawyer in any immigration circumstances. In the past, it was one of the easier applications, but now runs 20 pages in paper form. I note that it can also be filed online. Many people do it by themselves and others use attorneys. 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

You have stated that your overstay action in the UK was a crime. If so, it needs to be disclosed on the DS-160 nonimmigrant visa form. The consular officer will consider it in the adjudication of the nonimmigrant visa and weigh in his or her mind whether you are trustworthy enough to leave the US when your authorized period of stay expires taking into account your actions in complying with the immigration laws of the UK. 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

The difficulty here is that your parents’ visiting visas require nonimmigrant intent, and they could have a problem reentering the country if they are questioned by a CBP officer on that, Probably the best solution is for your parents to file I-485 applications and obtain I-131 advance parole documents to travel in and out of the US during the time of processing. I note that advance parole applications are taking time for USCIS to process, and so your parents may not be able to leave for possibly 5-10 months after filing. I-485’s are only filed in the United States. If your parents wish to process their papers overseas, they would do it on form DS-260 immigrant visa applications. 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

With an I-485 application, you are eligible to work as long as you filed form I-765 application for employment authorization and have received the employment authorization document. Once you receive such, you can obtain a Social Security card and begin to work in the United States. 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 visitor on a tourist visa cannot work. Its very difficult to get a Tourist visa from the Phillipines to visit the USA. He should bring to his interview tax returns and paystubs and a letter from his employer to establish that he has sufficient reason to return home. If he owns property then he should also bring his deed to that interview and a letter from an appraiser showing how much equity is in the home to again show the officer that he has reasons to come back home. ... Read More

If you are getting married to a United States citizen, you would have to file a 601 waiver for each of these incidents. I don't do waivers, but I know a good lawyer in Orlando here that does them. And he's got an excellent track record. If you need a referral then I would be happy to give you one. Counsel in any state can represent you. ... Read More