Alaska Immigration Legal Questions

Each immigration case is unique. Therefore it's impossible to answer your question without knowing more facts. Consider retaining counsel to handle your marriage green card case from beginning to end. Counsel in any state can represent you and your wife. Some of us charge a very affordable flat fee for representation from start to finish.... Read Answer

Assuming that you were in F-1 status at the time of your political asylum case and that U.S.C.I.S. simply closed your case, the case should not have much effect unless you committed fraud or misrepresentation in your application. You should be able to return home after getting your marriage green card. Although I do not think that you would have a problem with advance parole, it might be better for you to wait until obtaining your green card since you expressed fear of returning to your home country in the asylum 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

1. Be careful about seeking a change of status. Your change of status may not be approved leaving you in a precarious situation.  2. A new employer would need to file a new H-1B petition on your behalf. You will be cap exempt. The employer may be able to request a change of status or you will need to depart the United States and re-enter with a valid H-1B visa. It will depend upon your status at the time of filing. 3. You may study while on H-1B status. Whether you could switch to a part-time program will depend upon the school's policy. 4. Speak to the school's DSO regarding your eligibility for PhD OPT.  You can read more at http://myattorneyusa.com/work-visas.... Read Answer

Hello, Your friend should contact the airlines to find out if she can use the expired passport as a photo identification. She does not need a passport to travel within the U.S., only a photo ID. Good luck.   The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney.   ... Read Answer

You may be able to apply at the Italian Consulate in Los Angeles. The Italian Consulate may not restrict applications to only the closest Consulate. I would encourage you to contact the Consulate first to see if it is posible before making the trip. Otherwise, you may want to speak to an experienced immigration attorney licensed to practice law in italy as the forum is designed to address questions about United States immgiration law. ... Read Answer

Visas are applied outside the United States. However, you can apply for a change of status to be a B-2 tourist while in the U. S. by making an application with U.S.C.I.S. on form I-539 application to extend/change nonimmigrant status with fee as long as you are still maintaining legal H-2B status at the time of the 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

Your fiancé will only be able to become a US citizen five years after the date that he was granted his initial green card. The three-year rule generally only applies where the individual is still married to the same US citizen from whom he or she received the initial green card-not the combined times of two marriages. In order for him to take advantage of the three-year rule based upon your marriage, he would have to show that you and he were married for three years; that you have held US citizenship for three years; and that both you and he have lived together without significant break for three 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

A K-1 nonimmigrant visa takes lesser time to process than a CR-1 application for conditional residence based on marriage. Generally speaking, K-1 processing usually takes approximately 9 months while CR-1 processing about a year to a year and a half.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 father can petition for you again, but there is no guarantee that you will not have the same result. An individual who has committed marriage fraud or been suspected of such by U.S.C.I.S. or the American Consulate will have petitions for other children severely scrutinized. As your father's case appears to be fairly complicated, I suggest that he make an appointment with an experienced immigration lawyer to go through the type of risk that he would run if he petitioned for you again.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

You should not have a problem with transferring to another state while your naturalization application is in progress, especially if you are only in the biometrics stage. At this time, you could speak with The National Customer Service Center of U.S.C.I.S., 1 – 800 – 375 – 5283 to request the transfer. The difficulty may come about later if you have been scheduled for an interview at the local U.S.C.I.S. field office. In that event, you may have to contact the local field office in which your file has been transferred and the one in which you now live in order to effect the transfer of your file and rescheduling an interview at the local field office with jurisdiction over your residence.  ... Read Answer

Authorities in the US will not likely have access to European systems that would show the oustanding fine there.  Even so, an unpaid fine is minor compared to a DUI so I'm not sure it would matter if the unpaid fine were thrown into the mix.  In any case, your husband should have his criminal defense attorney work closely with an immigration attorney in determining how best to proceed with his case.... Read Answer

If you have work authorization under your J-1 visa until September 13th, you can continue working on the status until that date regardless of whether you have already filed an I 485 adjustment of status application. Such filing does not invalidate your current nonimmigrant status.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

From the tone of your inquiry, I will assume that you are not subject to a two-year home residence requirement by virtue of your J-1 status.  If not subject, in answer to your question, a better solution is for you to marry, apply for adjustment of status to permanent residence on form I-485, and request advance parole to travel in the interim on form I-131 (application for travel document). Such would be issued approximately 90 days after the filing of the application. If you leave the U. S. and reenter on the J-1 right before you marry to a U. S. citizen and apply for permanent residence, there may be questions during the interview as to your true intent in coming back to the States and whether you misrepresented your true purpose in returning. 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

You probably will not be able to get your original back.  They do not require originals, so if you inadvertantly sent them an original, it has now become part of your file.  You can get a copy of it through FOIA, but not the original.  I recommend getting a duplicate made through the Argetine Embassy here in the US.... Read Answer

One of the ways to immigrate of course is through employment-based sponsorship. The question in your case is what type of permit you have to work in this country. If you are here on a nonimmigrant visa such as H-1B for specialized worker or L-1 as an intracompany transferee, the organization would likely be able to sponsor you for your permanent residence and you would be allowed to adjust status in the States so long as you continue to maintain your legal status. On the other hand, if you previously violated your status and only now have an employment authorization document (EAD) from U.S.C.I.S., you may be ineligible to adjust status even if the company sponsors you and you obtain both labor certification and completion of the next step, the I-140 petition. You may wish to consult with an experienced immigration lawyer prior to investing time and money into this type of application. There are of course other ways to immigrate, but a proper answer would require further information on your background. 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 visa chart for November 2012, only those individuals who applied under the F-2B category for unmarried sons and daughters over the age of 21 of permanent residents before October 8, 2004 (for all born in countries of the world other than Mexico or the Philippines) can finalize their immigration to the States. Thus at this time, there is an 8 year backlog. Visa chart time, however, does not equal real time, and so the actual time of waiting could be longer or shorter dependent upon the number of people applying and whether the allotted number of visas is increased, remains the same or is decreased by Congress. 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