Pennsylvania Immigration Legal Questions

In your situation, you probably need a good criminal attorney. For immigration purposes, you should engage an immigration attorney who also knows something about criminal law and how it affects immigration status – in other words, an attorney versed in what we term Crimmigration. 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

Since you intend to return and be visaed with the H-1B in Vietnam in December, I see no reason why you cannot fill out the DS-160, submit it, and schedule your visa interview before October 1. A consular officer should just be concerned with whether you are qualified on the date of interview, not whether the H-1B had come into effect at the time that you submitted the DS-160. 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 will need to report both the speeding ticket (if the fine was for more than $500) and shoplifhting in your citizenship application. As to whether it will affect your application, I recommend talking to an immigration attorney because they will need to review your criminal records to answer accurately.    Disclaimer:This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read Answer

The rule of thumb is that USCIS will usually backdate the green card one year from the day of issuance in an asylum based green card therefore allowing naturalization at the end of four years instead of five. Since the date on the green card is already backdated one year in most cases, I imagine that the date that you can apply for citizenship is 2026 unless USCIS failed to do the backdating. 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

Ensure that you are looking at your direct Green Card for the date. Five years is required before one can apply for U.S. Citizenship so if based off the date you have provided then July 2026 on that date will make it five years. General note: If you have left the contry a lot, note the number of days outside of the United States will/may count against you. Have a legal strategy session with an immigration attorney to ensure that you have no potential issues.... Read Answer

There is a possibility that your sister who is on food stamps may be able to provide an affidavit of support for you as the form does not ask whether the financial sponsor has received government assistance. But please note that any government assistance or unemployment monies cannot be the basis for the financial support. Insofar as your brother is concerned, a person who just began working and has no other history of paying taxes or having considerable assets would be a poor candidate to provide an affidavit of support. 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

With the second-round selections on H-1B’s, petitioners have until October 31, 2023, to file the H-1B petitions. If you have plans to return to the US in the short run, you may wish to continue the F-1 visa interview process. If you plan to stay in India until after the H-1B petition is approved, then you may wish to wait until that time to schedule the H-1B visa interview over there. At this time, appointment times for H-1B are extremely reasonable. 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 will need to reapply at this stage, now that the initial petition has expired.  Also, keep in mind that there are a number of different immigration documents with separate expiries that you need to keep tracking: (1) the visa label that is issued by the local US Consulate/Embassy, which is the employee's "entry ticket" to enter the USA; (2) the I-797 Approval Notice for the USCIS I-129 petition; and (3) the I-94 Admission Record that is issued to the employee upon entry to the USA.... Read Answer

Automatic extensions for EADs involve the same class of EAD and not different classes. That is because USCIS has already seen the basis for and approved the initial EAD application and is not so concerned about issues of ineligibility when considering an extension. In your case, it saw and considered your STEM extension application previously and so allowed your automatic work extension during the pendency. It will not give the same treatment for your initial EAD based upon adjustment of status, an entirely different basis for benefit. 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 scenario appears to be questionable and may lead to questions of visa fraud at a later date. At the visa stamping, you are making a representation that you are working with your present company, and that is the basis upon which the visa will be given. Immediately working for a new employer upon your return to the US is a confirmation that the consulate was tricked into giving you the visa. I do not recommend the contemplated plan of action. 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

Please remember that F-1 status confers a 60 day grace period following the end of your student status. If that is not sufficient, you can file a change of status request to B-2. Most applications are submitted at least 15 days before the ending of the current 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

Being an H-1B employee would not be a reason to remove a deportation or removal order for immigrant visa purposes, although it may have some impact on obtaining a nonimmigrant waiver dependent upon the position being filled. I suggest that you consult with an immigration lawyer to go over any options or avenues that you may have. 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 not work on a visitor visa. When you arrive at the border, and you give the customs officer a hint that you're going to be working, they will send you back to your country immediately. Also you have no fourth amendment rights against the government looking at your phone, which they sometimes do when you enter the country. If there is any evidence on your phone that you plan to work, they will also send you home immediately and revoke your visa.      ... Read Answer

Good question – this is one that is in the gray area. For certain, unemployment benefits are not public charge benefits, and the answer may depend upon your prospective situation and the interviewing officer if the I-864 has not already been challenged by USCIS before the interview in a request for information or request for evidence. Unemployment benefits are limited by duration and the I-864 is a more permanent obligation in terms of time. Possibly a better situation to an officer would be your having taken unemployment in the past, but actively working at the time of your husband’s interview. You can of course sidestep the question if you have a joint sponsor. 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 concern with USCIS may well be why you are applying for adjustment of status here while you are awaiting a consular interview on the approved I-526 petition, and the related concern of whether you had a preconceived intent to adjust status when you came to the US. It may come down to an immigration examiner’s perception of what is going on. There is probability that you will be interviewed instead of an interview being waived, and in such case, the examiner may question and evaluate your explanation. I do note that the deterioration of conditions in India vis-à-vis Covid would appear to be a reasonable explanation for deciding to adjust status instead of returning for consular processing. If you are refused, you may face problems with your consular processing in India dependent upon the speed of resetting consular processing and the attitude of the interviewing officer toward your attempt to adjust status in the 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 Answer

If the I-864 is for a spouse, then assets value will by 1/3 Value. Meaning, if the assets value $300,000, then the US Government will value it at $100,000 for I-864 purposes. If the I-864 is for someone other than a spouse, then assets value will by 1/5 Value. Meaning, if the assets value $250,000, then the US Government will value it at $50,000 for I-864 purposes. So if only you and your wife will be living together in one household when she arrives in the United States, then since the income that is required is roughly $21,775 for a household of two people, then that would be met because if you divide by three the total assets that you have of $80,000, that would equal $24,000. And would put you right over the line to qualify based on your assets. Now keep in mind it is always a good idea to engage a joint sponsor in your case To maximize the possibility that scrutiny by the immigration department will be avoided. ... Read Answer

The only way that you can sponsor him is for a fiancée visa, but in order to do that you have to physically have met him within two years from the filing of that application. Alternatively, he could always make an appointment with the consulate in Africa, and apply for a visitor visa, but you would not need to sponsor him for that. He would have to qualify independently.... Read Answer

Currently the April visa chart final action dates for F4 sibling cases shows availability only for those filing before November 1, 2006 for natives of most countries of the world except for India, Mexico, and the Philippines which have longer to wait. If your brothers are born in countries other than those mentioned above, I would guesstimate that they will wait another 5-6 years under the present visa scheme. 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

As your mother-in-law already has received her green card, you cannot withdraw your sponsorship. Under the immigration laws, financial sponsorship can only be canceled if she becomes a US citizen, leaves the US permanently, passes away, works for 40 quarters, or must be re-sponsored for the green card. 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

Yes, if you traveled here on a visa and entered the United States legally, then you can get married to a US citizen, despite that you are now out of status, and apply for a green card. There is an exception to this if you came here on a J1 visa. Some of the J1 visa's have a 2 your home residency requirement. But if That is not the case, then you will be fine.... Read Answer