Utah Immigration Legal Questions

If your employer is willing to sponsor your green card, you can become an LPR. Keep in mind that applying for GC through employment based route does take a long time to process, so it is recommend to start the process as soon as possible.  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

Venezuelans are processing their visas at the US Consulate in Columbia. Does she have a Venezuelan passport? I charge a very reasonable flat fee for fiancé cases. Moving to another country for the reason you stated makes sense and the US State Department would see it that way most likely. But if they don't they would just make her process at the US Consulate in Columbia. They ... Read Answer

As a Ukraine humanitarian parolee, the parolee status allows you to remain in the US, but unfortunately does not allow you to work. You will have to wait until you receive the EAD. I note that USCIS will expedite an employment authorization request for among other reasons severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure: (1) to timely file the benefit request; or (2) to timely respond to any requests for additional evidence; and for emergencies and urgent humanitarian reasons. You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.  (You can access Emma by typing "Ask Emma" on the internet). The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number. 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 Russian woman and her son can apply at the US consulate in Russia for tourist visas, and once issued, can travel to the United States to visit and to tour the country. These are usually given for a period of three months. In order to obtain the visas, the Russian woman would have to provide evidence of financial proof that she has enough money to cover both her and her child living expenses and travel expenses while in the United States for the duration of her visit. In order to qualify to get the visas, she would have to provide evidence that would convince the US consulate that she is motivated to return to Russia. This would usually be evidence of a job or evidence of property ownership.      ... Read Answer

A United States citizen can sponsor a foreign national who entered the United States with a valid visa, after marriage and can adjust status to a green card for that foreign spouse, despite the fact that she has overstayed her visa. Keep in mind if you go through the process, she should not leave the United States under any condition until she has obtained her green card.... Read Answer

It is largely up to you whether to maintain going to school or not at this point. The advantage of keeping a lawful nonimmigrant status is that there is more chance of avoiding a notice to appear (NTA) in the immigration court if the application fails. On the other hand, the principal inquiry of USCIS in the case like yours is whether the marriage is bona fide. As you are married to a US citizen, the continuing maintenance of legal status is generally not relevant to the adjudication.  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

Currently this preference category has a backlog of approximately 4-5 years for natives of any country other than Mexico and the Philippines. You can begin by filing the I-130 petition for alien relative with appropriate documentation which includes a copy of your permanent residence card, proof of your son’s birth, and proof that you were either married to his mother at the time of his birth or that he was legitimated by you before he turned the age of 18. After filing with USCIS, you will receive a receipt and then hear nothing from the agency for a long time until it reaches and adjudicates your petition. Assuming that it is approved, USCIS will transfer the approved petition to the National Visa Center, which acts as a halfway house between USCIS and the American consulates and embassies. The Center will then begin requesting other documents to prepare an interview for your son. When the priority date is current, the consulate or embassy should invite him for an interview, and if he passes, give him the appropriate documentation to enter the US as a permanent resident. 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

As a US citizen, you can sponsor your mom, and a visa would be immediately available as she is considered your immediate relative. You can sponsor your brother, but there would be a very long wait-multiple years. Your mom could sponsor your brother once she acquired her US citizenship which would take years. But even if she sponsors him after she acquired her US citizenship, it would shorten the wait for him as opposed to if you sponsored him. ... Read Answer

Even if your married sister is in the U. S. legally, it will generally take the same amount of time for her to obtain permanent residence inside or outside the country. Currently for the month of June 2019, those siblings who filed I-130 petitions before 12/1/06 are eligible for their final immigration, so the waiting time is now about 12 years. Whether inside or outside the United States, the final action date on the visa chart must be current before a person can be adjusted to permanent residence in the U. S. or given an immigrant visa at the home consulate or embassy. 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 would depend upon the type of visa you would apply for. An H-1B or L-1 visa could be approved as both allow for dual immigrant and nonimmigrant intent. A B-1 visa would likely be denied as it is a nonimmigrant visa. It is clear that the U.S. Government believes you have immigrant intent given you wee oreviously debied entry and had your visa cancelled and a subsequent application was denied. ... Read Answer

J-1 exchange visitors who are not subject to the two-year foreign residence requirement are allowed to adjust status in the US if they marry US citizens. After marriage, you could apply to U.S.C.I.S. through the filing of forms of I-130 petition for alien relative and I-485 application for adjustment of status to permanent residence along with other required forms and documents to the Chicago lockbox of U.S.C.I.S. and the filing fee of $1490. Processing takes anywhere from 6-12 months until you are both interviewed in connection with your immigration application.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

What is your spouse's immigration status? If he/she is a U.S. citizen, you may be eligible for lawful permanent residence even if you married after your status expired. Are you subject to the two-year home residency requirement? If so, you will require a waiver. You can read more about adjusting your status to lawful permanent resident at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

If your boyfriend has the probability of being persecuted in the home country, he may be able to stay here in the country even though he may have had a prior order of removal. When DHS attempts to reinstate the prior order of removal, he can still make an application for withholding of removal or withholding under the Convention against Torture in which he will have the burden of proof of showing that it is more likely than not that he would be persecuted. The immigration judge in most instances withholds action on the case while DHS sets up a reasonable fear interview. Assuming that he passes that, he would have his day in court to apply for withholding of removal.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

Your boyfriend may be able to apply for withholding of removal or relief under the Convention Against Torture. More information is needed about what happened to him in his native country. If your boyfriend is afraid to return to his native country, he needs to notify ICE right away and obtain an attorney right away. Time is not a luxury in this situation. You can read more about refugee protection at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

You are free to renounce your citizenship. Do you hold dual citizenship or possess a path to citizenship in another country? You can find step-by-step information on how to do so at https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html.... Read Answer