Indiana Immigration Legal Questions

Although marriages to US citizens or permanent residents which are engaged in during the time that an individual is in removal proceedings have a presumption of fraud against them, it is generally better for the couple to marry if the marriage is bona fide. In this way, the undocumented immigrant may have another option open to him in the immigration court. 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 you have established eligibility for a new EAD, you would normally be able to apply and receive the new EAD. I note that your fact situation is lacking in detail, and so the answer provided is one given for cases in normal situations. 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

Currently an application by your wife for her three children in the Philippines would take approximately 10 years to complete if they were born in the Philippines and remain unmarried during these years. The law, however, does allow a stepfather who marries the mother of the children before they turn 18 to apply for the eligible children and that would shorten the period of time. You state that you were married in February 2020, and that would be over two years ago. You also state that two of the children are 19 and 20. If you married your wife before those children turned the age of 18, you could petition for them now as your immediate relatives, and possibly immigrate them in approximately one year. If the circumstance applies, you would have to petition before the 20-year-old child turns the age of 21. Unfortunately, the 26-year-old cannot benefit under the above and would have to wait approximately 10 years through your wife's petition unless he has other ways to immigrate. Financial support documents are not required at the beginning, but at the time that the children begin to get ready for their interviews at the American Embassy. 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

The I-134 affidavit of support form only states for a listing of dependents who are dependent upon you for support, either partially or wholly. If they are not dependent upon you for such support, then it appears that you would not have to list them. 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 you have a 10 year green card, then it would be very difficult for you to lose that if you get divorced. If you have a conditional residence card, and you are the victim of physical or emotional abuse, or your spouse is threatening you with denial of immigration benefits, then you and your daughter may self petition under the VAWA act. You should retain counsel to represent so that your application is processed correctly.... Read Answer

OK so technically because of Covid and the long delays resulting from that, those messages about being valid for 120 days are essentially a generic response that goes out to all fiancée visa sponsors and applicants. The general policy is that they will not require any update By the couple prior to the expiration, and this seems to be a policy that is in effect for all K-1 visa sponsors and applicants. But to confirm whether that policy is in fact accurate, I would contact the national Visa Center directly. You can contact them at 603-334-0700. They are open every weekday until midnight, and they can provide a response to your question.... Read Answer

Under the circumstances that you describe under which you will continue working for the employer that sponsored you for the EB-1B green card, your taking on additional part-time paid employment is fine. You have an EAD allowing you to take on employment which is not confined to your present sponsorship which EAD may soon be superseded by the green card that you will receive since your adjustment of status application has been approved. Under either situation, the additional employment would be allowed. In green card situations based upon employment, USCIS would mainly be concerned at naturalization whether the applicant had an intention to work with the sponsoring employer when the green card was given. In your situation, that would not appear to be a concern as you state that you will continue to work for your employer. 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 you are married or getting married to a US citizen, and you entered the country legally, you still can be sponsored even though you are out of status. That is the general rule but there are exceptions. Your your best steps would be to retain counsel to handle the case from start to finish.... Read Answer

Only immediate relatives can adjust status to obtain green cards after legal entry into the USA. Siblings are not considered immediate relatives but are subject to a family based quota category. Currently, the waiting time for a visa in this category (US citizen sibling sponsoring foreign national sibling) is taking more than 10 years. Your sister should depart back to Brazil so that she doesnt accrue unlawful presence when her stay expires. Good luck!... Read Answer

As to whether you can acquire a firearm legally, you should check the state laws of Indiana. If it says that a person like you can possess a firearm, then you should be able to do so. I am not aware of anything dealing with immigration which bars a person under DACA from lawfully possessing a firearm. The immigration laws concerning firearms only have sections on penalties for individuals who violate firearms laws. 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

So if you are a United States citizen over 21, you can petition for your mother for her green card. If she has overstayed her visa by more than one year, then she can't come back to the United States for 10 years. So if mom has been outside the United States for more than 10 years, I don't see how she would have to file a waiver. But before you file a case, and spend all the filing fees, make sure that you Have a lawyer review the entire file and all the facts involved before taking legal action. ... Read Answer

A person who has applied for naturalization is allowed to travel outside the country during the pendency of the application. Absences should be short as immigration officers look at absences after filing in addition to the physical residence period prior to submission 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

  The restriction against studying while waiting for a change a status to F-1 student only applies to the B-1 and B-2 categories. In my recollection, there is nothing that prevents an individual changing status from J-2 to H-4 from studying during the pendency of the application. There are also no restrictions on H-4 individuals studying full-time. 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

  In being the i-864 financial supporter for your husband's case, U.S.C.I.S. or consular officers (if your spouse is interviewing for permanent residence overseas) must be convinced that there is sufficient financial support to meet the public charge requirement. Your obtaining a form of Medicaid along with your son will not be the financial determinative factor in whether your spouse can immigrate. Other factors such as income, assets, closeness of cosponsor, financial state of cosponsor, etc. would all weigh in the balance. 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 will more than likely need a joint financial sponsor. The new i944 form requires a declaration by your husband that he is self sufficient. An inquiry into his income, assets credit score, as well as his family's financial situation is looked into (so your usage of public benefits could be an issue as it must be disclosed). His age, health, education, Ability to speak English, and other criteria are all looked into. Consider working with an attorney to represent you from start to finish. Some of us charge a very affordable flat fee for representation and counsel anywhere in the USA can represent you. ... Read Answer

Different categories of individuals have different rights and reliefs, and the lawyer may well be right. I cannot say definitely as I do not know all the facts of the cases, but if you have real doubts, you should ask him or her for a more detailed explanation or sit down with another immigration lawyer to go over your entire situation.I note that if your question is whether you can adjust status, a person with your priority date would also have to prove that he or she was physically present in the US on December 21, 2000. 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 purpose of OPT is for an individual to receive training in the US. The total time that an individual can be without work during OPT is 90 days, and during a STEM extension, 150 days. Persons who take extended trips out of the US could face extended questioning by CBP when reentering the country. An individual on OPT must have a valid EAD to return, so leaving the US during the extension application period would cause problems. 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 assume that your boyfriend is applying for a visiting visa. The question is whether a consular officer will be able to determine that he has nonimmigrant intent and sufficient ties to the home country. If so, the visa can be approved. Even if you submitted a letter with information about yourself, that would not necessarily result in a visa denial if the consular officer determined that he would be returning to the home country after his period of visit. 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

On a transfer situation, the basic question is whether the new branch will be in the same metropolitan statistical area (MSA). If so, the company could do a notice of posting before you transfer. If not in the same metropolitan statistical area, the company would have to do an H-1B amendment with U.S.C.I.S. to place you in the new location. I do note that even in the same MSA, there may be different prevailing wages that your company may wish to take note of. 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

Other than the family based cases, asylum, visa lottery, and EB-5 immigrant investor, I assume that your question is more attuned to whether you can self-sponsor yourself through employment. Presently individuals are able to do so only if they are extraordinary in the field of endeavor or their immigration would advance the national interest. It is good to have a PhD, but under present law, it would not entitle you to an automatic green card. I do note that the Trump administration is attempting to change the immigration system to allow educated individuals like you to self-sponsor upon the attainment of 30 points. Whether the legislation entitled the RAISE Act will be enacted is questionable as it has unfavorable aspects to Democrats and other immigration proponents. But we will be keeping our eyes on it the same as you, I imagine. 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