Texas Immigration Legal Questions

It would affect you insofar as your required income level to support an immigrant would increase because your household size is bigger after marriage. In order to determine what income is required to support a foreign national, you need to look at the poverty income guidelines for Uscis by doing a Google search.... Read More

A L-2 S has open-market employment and as long as the work is legal, is not precluded by federal immigration law from working on a W-2 and also beginning a startup LLC. We do not profess to know Texas state law and so cannot give you any advice there. We do not see any negative impact of this arrangement when you travel or when applying for a visa renewal. 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 U.S. citizen may petition for a sibling to obtain a green card; however, the wait time for this category is approximately 14 years due to visa backlogs. If you’ve been in the United States for 40 years without lawful status, you likely would not qualify for adjustment of status—even if your priority date becomes current—because eligibility requires that the beneficiary has not accrued unlawful presence. Based on this, it appears there may not be a viable path to lawful permanent residency through a sibling petition.     ... Read More

As you know, there are two charts to the monthly visa bulletin, Dates for Filing and Final Action Dates. For the month of June, the dates for filing chart for adjustment of status applications is available for those whose priority dates are prior to February 1, 2025, as USCIS is using that chart in this month. With reference to your questions, you would be able to file I-130/I-485 concurrently if the chart read “C” or current, which is not the case. You would have to file the I-130 form first, and then when the priority date is reached, you can file the I-485 while the I-130 petition is still pending. You do not have to wait for the I-130 to be approved before filing the I-485. 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 a U.S. citizen, you can sponsor your wife-to-be for a green card, as long as she entered the country with permission. If she is now in overstay status, this typically won’t be a problem. It’s important to work with an attorney to ensure all paperwork is filed correctly to avoid mistakes. A reasonable flat fee for this process should not exceed $2,500—anything higher may be excessive. You can retain an immigration attorney from anywhere in the U.S., as they handle cases nationwide and globally. When will you turn 18? ... Read More

It is always faster filing for a spouse as a U.S. citizen so I will ask how long have you had your Green Card? Are you almost at the point where you could file for Citizenship? Generally an I-130 needs to be approved first and your priority date needs to be current before I-485 can be adjudicated - I recommend you seek assistance from a licensed attorney in order to prevent delays.... Read More

Unfortunately, a US visitor visa is automatically revoked once the visa holder violates nonimmigrant status while in the US, even by two days. The parents could encounter a problem in entering the US with the same visas in the future. It is safer to apply for visas again explaining the circumstances of what happened. 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

Whether your boyfriend is single or married has no effect upon his ability to sponsor his parents for green cards. I assume that your boyfriend is a US citizen. He must provide I-864 affidavits of support for his parents ensuring that his parents will be able to live in the US without becoming public charges. Your being married would increase his household size and the amount of support required for his parents. You can be either a plus or minus in this regard. If not working and with no assets, you would increase his financial burden. If working and making a decent salary, you could add your salary and assets to his to assist him in his support affidavits for his parents. 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

Unfortunately, your priority date is not current. Being exactly on the date does not make your immigrant visa available. Only a date earlier than the date on the chart qualifies. Thus, if the visa bulletin date was October 16, 2012, you would be current. You will have to wait a little longer. 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

Under the situation that you describe, you are not eligible for US citizenship. The Child Citizenship Act requires not only being under the age of 18 when the parent naturalizes, but also your being a permanent resident and residing in the US under the physical and legal custody of the citizen parent. It would appear that your best solution of immigrating through your parents is to have your citizen parent file an I-130 relative petition for you. If you are single, the process will probably take approximately eight years and if you are married approximately 15 years. 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

OK, so the answer is maybe. The reason is because you cannot enter the United States with concealed intent. If you have a visitor visa, then you can only use that to visit and not to remain permanently. However, there is no problem with changing your mind. If she intends to visit, but later, when she arrives, she decides that she wants to get married and remain here permanently, there's nothing wrong with that. For example, some of the evidence that USCIS and border patrol looks to to discern intent is whether she has a return air ticket. This is evidence that she only intends to visit. If they are suspicious when they talk to her at the border, and she tells them that she has a serious boyfriend, they will look at her phone to see what she is planning. If they see any text information on there that she decides to stay here permanently, they will send her back right away. So that being said, govern yourself accordingly. Consider working with an attorney. Some of us charge a very affordable flat fee to handle these types of cases and counsel can represent couples anywhere in the world. ... Read More

Yes, you could adjust status provided that you had no intention of staying permanently in the United States when you entered the country. The fact that you purchased a return ticket prior to your entry and you had a job lined up back home would help establish that you only intended to visit. Some of us handle these types of cases for a very reasonable flat rate fee for start to finish representation. Consider working with counsel so your case will process smoothly. ... Read More

You appear to have an ambitious agenda which presupposes that you will be able to make a turnaround after your time in the US under F-1 student and OPT and return under ESTA. You may or may not be fortunate enough to obtain such approval. If you do return, I do not see how you can legally have work permission to keep your LLC and your clients during the time that it takes to file for adjustment of status and to obtain a work permission based upon the adjustment of status. You should be aware if you are not already that USCIS may question whether you revealed your true intent when you entered the country under ESTA if you make quick actions to be married and file for adjustment of status. Perhaps you can have a partner or manager take care of your LLC and clients during the time that you sort out your immigration situation. 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 will assume that you received a late message from USCIS. Under premium processing on form I-129, USCIS is given 15 business days to reach the case after receiving it, at which point it can approve it, send a request for evidence or notice of intent to deny, or a denial. If USCIS takes more than 15 business days to reach your case, it is obligated to give back the premium processing fee and continue processing the case under premium processing. 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

Generally speaking, USCIS will not make an adjudication on an I-485 application until a known arrest has been resolved. There is a chance that the arrest may not come up if you had a fingerprint taken in November 2023 and the arrest occurred in July 2024, but there is also a chance that USCIS will rerun your prints prior to making a final adjudication. 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

Where the ending date of the I-129 petition is beyond the date of the LCA’s validity, the H-1B can still be approved, but the time should be confined to the ending date of the LCA. 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

Congratulations on your upcoming marriage. There are several forms and pieces of evidence you will need to submit. Most basic one can be obtaining good pictures together with family and friends while you are in Ghana/during the wedding. I will strongly recommend you seek assistance from an attorney who can assist you with the detailed process that way there is no room for mistakes/delays in getting your future wife to the United States.... Read More

Your US Citizen fiancé can sponsor you and your 16 year old child for Fiancé visas, and once you enter you have 90 days to get married. Thereafter you can both adjust status to get your green cards. You can return to your country while the case is pending only if you apply for an advance parole document. The purpose of the advance parole is to visit and then return. ... Read More

Visitors visas are issued only if the U.S. Consulate officer is convinced there is a strong liklihood that she will return to her home country when the visit is completed. If she doesn't have a job or her parents don't put up a deed of trust on their home, then it will be difficult. Additionally, a visitor visa doesn't allow the beneficiary of that visa to study or to work, only to visit. ... Read More

(1) Can my fiance file for a K1-Visa for me and my 16 years Child? If yes, briefly explain the process and fees to be charged. Yes provided you and the US Citizen have met within the last two years. From start to finish the process can take about 15 months. Fees vary from attorney to attorney. But some of charge at the lower end.  (2) Can I get married on a K1 Visa, apply for a change of status and get emergency travel authorization to return overseas within a short or reasonable timeframe? How long would this process take? Yes. You must get married within 90 days of US entry, after which you can adjust status. The process takes about 12 months. Emergency travel can be processed faster than the adjustment case, and even faster if you have the need for emergency travel. Some of us charge at the lower end range.  Counsel fees from start to finish (total) for both cases would be about 5k with no hidden costs. ... Read More

Your mother-in-law would typically apply for a B-2 visitor visa at the American consulate or embassy with jurisdiction over her place of residence. In doing so, she would have to show ties and bonds with Mexico to demonstrate that she would return to Mexico after the time of visit. If she is lacking funds, you and your spouse can guarantee her support during the time that she is here with an affidavit of support along with materials such as your job letters, banking statements, and most recent tax return. Please note that the issuance of a visitor visa is within the discretion of the US consular officer. Good luck!  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