Oregon Immigration Legal Questions

You should be eligible for citizenship at this time. Inasmuch as it was a domestic violence situation under which you obtained resident status, you should not be required to have anything from your ex-husband for the 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

USCIS currently does not accept 100% online programs under its F-1 student program. The best path is to file form I-485 assuming that you have been in the country for a while and then inform the school that you have filed for adjustment of status in the US. The school should allow you to enroll under the program. As you will be adjusting status as the spouse of a US citizen, any violation of status in attending school without USCIS F-1 approval would be forgiven. 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

It is a little late in the day to try to cancel your brother’s immigrant visa if it has already been issued. I am not sure that it can be canceled at this stage although you may contact the US Consulate that issued the visa to see whether it is still possible now. 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 are lawfully present in the U.S., where there is a pending adjustment, but if the adjustment is denied, you may find yourself out of school.  As a result, some private schools are more sensitive than others about accepting students who's immigration or visa status is in limbo.  There is no indication that they will be lawfully present by the time of graduation!   Do you have an employment authorization card, yet?  Admissions tend to rely upon F1 non-immigrant student visas as the better option, but you can't get that if you have immigrant intent!  Check with the International Student Office to see what admission policies are at the schools to which you want to apply for admission.  Some State schools are less restrictive about alienage than others due to restrictionists in State Legislatures who are upset with foreigners who were once unlawfully present.  As a matter of law, you should be allowed to enroll, but can be denied admission as a matter of discretion.  For more information, seek a consultation with an immigration attorney more experienced in these matters.... Read Answer

There is no immigration bar against anyone volunteering or working without getting paid as long as there is no compensation whatsoever including payment for meals or transportation. I do note, however, that such a situation might be difficult for you and the employer to explain if there is a workforce enforcement action by ICE and you are located on the premises. 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

Without a basis to immigrate or to enter the US through family relationships, your boyfriend would generally have to obtain a work visa to work legally in the US if he comes into the country. Such work visas normally require a job offer. I note that if he manages to obtain an F-1 student visa, he may be allowed on-campus employment which does not require USCIS employment authorization, and later the possibilities of curricular practical training, pre-completion practical training, and post-completion practical training. If your relationship is serious, and you wish to apply for his fiancé visa, you would both have to physically meet prior to the petition being submitted to USCIS. 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 your family member departs after she have overstayed her visa for more than one year, then she is barred from lawful immigration for 10 years unless she can somehow qualify for a waiver/pardon.  Many are disqualified even with family in the U.S..  If she returns to the U.S. in spite of this 10 year bar, she can be permanently disqualified from lawful immigration. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before she decides to leave.  This way, she can make sure that she is doing the right thing.  She may decide that she must remain in the U.S. to avoid the permanent bar on lawful immigration that is triggered from such a departure.  The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

The question of whether your wife can obtain a visa to visit you during the time that the I-130 petition is pending will depend upon the discretion of the American consular officer who interviews her. If your wife has a good reason to visit you temporarily and the consular officer is convinced that the visit will be short and that she will return to Mexico, he or she is empowered to issue the visa. The consular officer could take the other tack and not see the sense of allowing your wife to enter the US on a nonimmigrant visa when she is very close to obtaining an immigrant visa, or may not be convinced that she has sufficient ties and bonds to Mexico for her to return. In that case, the visa would be refused. 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

Marriage to an American citizen entitles you and your children to be sponsored by your American citizen spouse. Did your marriage occur before the 18th birthday of your two children? If yes, then the children can also obtain green cards as derivative beneficiaries of their step mother’s sponsorship. Counsel anywhere in the USA can represent you. Some of us charge very reasonable flat rate fees for cases like this. Good luck!... Read Answer

Hi Mike. Based on your fact pattern, since you have personally met her within the last two years, your girlfriend can apply for a k visa, a fiancé visa, which takes about a year to get. That visa will allow her to travel to America to see you. Within 90 days of entry, the two of you must get married, and then she can immediately adjust status here to get her green card. Counsel anywhere in the USA can represent you for the life of the case. The income from your social security and investments can be counted toward the minimum threshold to meet the level required in the affidavit of support which also must be filed. SSI disability income and any means tested public benefits can not be counted.... Read Answer

If your fiancée comes to the US on a K-1 visa and you marry within the 90 day period of time that you are supposed to, she can file for adjustment of status to permanent residence without leaving the US and wait for U.S.C.I.S. to make its determination while here. The application is for residence status, whether conditional or permanent, not citizenship.  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

I do not think that there would be a problem, especially if you are the beneficiary of the I-130 petition. If you are the petitioning US citizen and were born in the US, it would not make much difference who your parents are. The error would have more relevance if you immigrated to the US based on your relationship with your parents. I do not think that it would be disqualifying anyway, but it might require some explanation on your part. 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

The filing of the I-485 Adjustment of Status application requires physical presence in the U.S. on the day the application is received at the USCIS. He must also complete Biometrics (fingerprinting and photographs) at the nearest Application Support Center in the U.S., which is typically scheduled 2-4 weeks after filing. Biometrics must be completed in the U.S., as well. Please note that this provides general information and is not intended to be a substitute for specific legal advice regarding an individual matter.  As the immigration laws are constantly changing, we strongly encourage you to work closely with legal counsel when pursuing any immigration benefits.  ... Read Answer

Assuming that you are a US citizen, it should be possible for you to sponsor your mother even if you have a felony assuming that you fulfill all of the other obligations associated with sponsorship including relationship and financial support.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

It may be possible for you to obtain a B-1 extension or B-1 change of status for the purpose of completing the arrangements for making an investment in the US which would make you eligible for E-2 Treaty investor status. You would generally have to inform U.S.C.I.S. of the progress of your investment and when you can be expected to perfect the investment. In addition, you would have to show evidence of intent to leave the country once your arrangements are concluded.  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

Good question. You are probably aware of Judicial Watch's suit against the city of San Francisco on behalf of taxpayers to prevent the city from using taxpayer funds to implement sanctuary policies for the undocumented. As you may also be aware, San Francisco has also filed its own lawsuit in which it is asking for its sanctuary policy to be declared legal. The litigation is ongoing, and so as I said initially, good question – but there is no resolution. 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

The next step (assuming you can document your entry) is to file an adjustment of status package with USCIS. This requires you and your husband to both prepare forms that are concurrently filed with USCIS. The total filing fees charged by USCIS are currently $1,490.00 but filing fees are set to increase later this month. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

This is the type of situation where your relative and her husband really need to consult an attorney. More specific information is needed about his prior attempted entries. There is a good chance he is subject to the permanent bar, which would make him ineligible for permanent residence. However, additional facts may established eligibility for immigration benefits. I encourage you to have them consult an attorney ASAP. In the interim, you can read more about the permanent bar at http://myattorneyusa.com/permanent-bar-overview.... Read Answer