Maine Immigration Legal Questions

Your brother cannot apply for a green card while here on a visitor visa based upon an immigrant visa petition you file for him. Your brother cannot seek adjustment of status to a lawful permanent resident because it will be years before a visa is available to him. The process to sponsor a sibling takes 12 or more years depending upon your brother's native country. He cannot simply wait here for a visa to be available. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

In order to sponsor a spouse for residency you either need to be a US citizen or a Lawful Permanent Resident.  Yes, you're correct that males need to register with Selective Service between the ages of 18 to 26.  You don't state how old you are now so maybe you can still register.  If it's too late this should not prevent you from sponsoring your wife.  However, not being a US citizen will place your wife in the visa queue as the spouse of a Permanent Resident (F2A on the Visa Bulletin).  You may wish to see if you qualify to file for citizenship and overcome this hurdle first.  You may be eligible for citizenship despite the lack of Selective Service registration wtih a good explanation and an attempt now to late register.  You don't state where your wife and chlid are now. So, I can't tell if you can file one petition for both and they can eventually adjust or whether they will consular process.  If you need more information on the process as it applies to your family please contact our firm, The Barnett Law Group.... Read More

If you petition for her as a fiancée under a K-1 visa, your girlfriend could come to the US within approximately 9 months. If you choose to marry her prior to petitioning for her, the permanent residence application would take approximately 1-2 years given the present backlogs of U.S.C.I.S.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 More

You will require an immigrant visa to travel to the US now that you have a petition pending.  The visa waiver program is not available to someone who is married to a US citizen and pending an immigrant visa.  You can apply for a K3 visa to travel to the US and wait in the US for your petition to be approved, but it may take just as long to process the K3 visa application as it will to wait for your petition to finally be approved.  ... Read More

Congratulations on your upcoming marriage. The expiration on your visa stamp does not affect your status/permission to remain in the U.S.  The visa stamp is only travel permission. If your program of study and F-1 status is good for another 8 months, you may be able to marry in January and file for permanent residency from within the U.S.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  You can find info on the green card process based on marriage to a U.S, citizen at:  http://www.familytousa.com/green-card-through-marriage-ad/ Every case is different and everyone's facts are unique.  In your case, issues of pursuing permanent residency while in F-1 status need to be addressed, as well as specific timing issues.  You may also have travel restrictions. I would recommend consulting with an experienced immigration attorney who can outline a case plan for you and provide guidance on all important issues. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read More