Oklahoma Immigration Legal Questions

No, unfortunately, the immediate relative category under which you are filing (US citizen filing for spouse, parent, or child under the age of 21 and unmarried) does not allow for dependents. You will have to file separate petitions. 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

Whether your wife obtained her permanent residence through marriage to you or through asylum does not matter in the consideration of whether she can apply on the basis of having been a resident for three years. To take advantage of the rule, she must have been a permanent resident for three years (can apply up to 90 days in advance of the three years); lived in marital union constantly with you during the three year period prior to application; and you must have been a US citizen during the three years. If she meets those conditions, she can qualify for three years citizenship. 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

Whether an individual has a valid passport or not has no effect upon the adjudication of an I-751 petition to remove the conditional basis of residence. USCIS is only looking for evidence that the marriage upon which the conditional green card was approved was or is still bona fide. 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

A H-4 EAD does not limit you to the type of work you can do. So if you wish to make money with your blog, USCIS should have no objection. 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

Applicants seeking extension always have the choice of a paper filing. Online filing is only one option. For a timely extension, a paper filing must be received by the date of expiration of the current visa 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

A US citizen, who is married to a foreign national living in a foreign country needs to sponsor that foreign national for her green card and the foreign national can process her case through The US consulate In Mexico. Unfortunately there are no shortcuts. Everybody has to process through this pathway. It takes roughly 12 to 15 months before she will be able to get her green card and travel here to the states.... Read Answer

A United States citizen spouse can sponsor a foreign national spouse provided that the foreign national entered the United States with a visa. The felony record of your spouse would be grounds that would render him inadmissible, so you would have to file a waiver after you filed the adjustment of status application. Filing a waiver should be done by a lawyer. ... Read Answer

So if you are a US citizen, and you have met your fiancé in person, within the last two years, then you can sponsor him for a fiancée visa. Consider working with an attorney to assist you in handling your case from beginning to end to make sure that it is processed correctly. Counsel in any state can represent clients all over the world. ... Read Answer

I gather from your fact situation that that your husband went through the process of I-751 application to remove the conditional basis of his green card. Under the circumstances, it would be difficult for USCIS to take away his green card. 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

Unfortunately, your question appears to be too vague to answer and I would suggest that you or your father make a telephonic or other appointment with an immigration lawyer to go over his entire situation. You should keep these points in mind – a permanent resident is generally not removed without cause and so a question is whether the basis of the removal still serves as a bar today. Is he eligible for an I-601 waiver if the basis was crime or fraud/misrepresentation? Generally speaking, a person who has been removed is subject to a 10 year bar. If such is applicable in your father’s case, he would not need an I-212 waiver to return to the States (as long as he still has a basis to immigrate) since he has already been out 13 years. On the other hand, is your father under the permanent bar for having entered or tried to enter illegally the US on or after 4/1/97 after having been in the US illegally for one year previously or deported. If that is the case, your father would only be able to file the I-212 after 10 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 Answer

Applying for a fee waiver is seen negatively by U.S.C.I.S. on the question of public charge, especially for applications for permanent residence filed on or after February 24, 2020. The public charge rule applies to applications filed on or after that date. Most applicants for green card adjustment must now fill out a form I-944 declaration of self-sufficiency in which there is a question on page 11 concerning whether you have ever taken a fee waiver from U.S.C.I.S. If you have not already filed your case, I believe that it is best that you do not ask for the fee waiver if you can avoid it. 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

For change of status in the US, please note initially that such does not change your visa as U.S.C.I.S. only gives an approval paper and not a visa if it decides to approve the change of status. That being said, whether you can convert to H-1B may depend upon whether your job opportunity is with a cap- exempt employer or with a  employer who can only file H-1B petitions in the first week of April and must wait until at least October for any approved worker to begin employment. In the situation of institutes of higher education, nonprofit institutions associated with institutions of higher education, government research organizations, or nonprofit research organizations which are cap-exempt, H-1B's can be filed at any time during the year and there is a good possibility of converting to H-1B if qualified. With all others, a difficulty is with the timing in that applicants for change of status who file within 90 days of entry are presumed to have misrepresented their intention of being a visitor when they entered the US. Even after overcoming that hurdle, the H-1B applicant must maintain legal status until at least October 1. B visa entrants are usually given 6 months to stay.  The filing of the H-1B petition in April does not freeze an applicant's status since the work is not authorized until at least October. 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

Under the law, anyone who is here illegally for an aggregate period of one year on or after April 1, 1997, leaves the US, and then attempts to reenter the US illegally falls under the "permanent bar" under which he or she would only be eligible for immigration if the Department of Homeland Security allows permission to reenter after the 10 year period. The question is whether he was here illegally for an aggregate total of one year illegally before going back home. If so, you could file for your fiancé, but the decision of whether he would be admitted remains in the discretion of DHS after considering the further application to waive the "permanent bar." If he was here less than one year illegally, he would not be barred as removal alone without other aggravating factors is at most a 10 year bar. 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

If you are thinking about working for another company, that company would have to sponsor you for another H-1B. That can be done at any time if it is a concurrent H-1B petition. U.S.C.I.S. will look at the company to see whether it believes that it would be an appropriate organization. The bigger the organization, the better. A company with no history, a small number of employees, and little revenue or capitalization would find it difficult to convince U.S.C.I.S. of its being an appropriate vehicle for an H-1B. The fact that the address and work description remain the same does not relieve you from the necessity of obtaining another H-1B to work for a different company. 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

Well, a visa to travel is discretionary, so the third time, the immigration officer had an issue with the age difference.  Why didnt you get married on the previosu visits?  So, the problem is you need to get married and cannot get a visa to do so ?  Possibly, a marriage by proxy.  Needs to be reviewed,.... Read Answer

You already had your interview? The success of your AOS is dependent upon the facts, evidence submitted that demonstrate a bonafide marriage. If you are pregnant and have a child together, that is one of the strongest evidence. You should not worry about what has happened already. The results will be what you have demonstrated so far.... Read Answer

DACA Recipients may be eligible as the beneficiary of an I-130 Immigrant Petition if he/she has a Qualifying Relative, such as a U.S. Citizen spouse willing to sponsor the I-130 Petition. Please note that this provides general information and is not intended to be a substitute for specific legal advice regarding an individual matter.  We strongly encourage you to work closely with legal counsel when pursuing any immigration benefits.  ... Read Answer

Your boyfriend after marriage can seek permanent residence but not U. S. citizenship. If his idea is that he does not wish to remain in the U. S. for 6 months or more during the next few years, he could likely take out reentry permits. However, if his idea is that he does not wish to stay in the U. S. 6 months or more at anytime in the future, then he may wish to explain his situation to the American consulate or embassy in his home country in order to obtain a visiting visa for when he needs to come to the U. S. 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

Unfortunately, six weeks under administrative processing is not a long time in the context of immigration to the U.S. You could contact your congressional representative's office and have them make an inquiry. The congressional representative may be able to obtain for detailed information about the delay. You can read more about the immigration process at http://myattorneyusa.com/family-immigration.... Read Answer