Rhode Island Immigration Legal Questions

As the NVC has informed you, the petition that you filed does not include derivative status for family members. That is because you are filing in the immediate relative category for spouses, parents, and unmarried children under 21 of US citizens, and the law does not provide for derivative applicants. You can submit a new petition for your 17-year-old brother under the F-4 category for siblings of US citizens. His processing time will be approximately 13-15 years under current projections. Alternatively, your parents can immigrate and petition for him under the F-2A category for unmarried children under the age of 21 of green card holders. This category is currently projected to take around 2-4 years to complete. 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 United States citizen can sponsor her boyfriend for a fiancée visa.  It takes approximately one year or a little bit more before they can enter the country with a K visa, but within 90 days after entry, you have to marry your boyfriend and then he can adjust status to get his green card. If you also want to bring your son to this country, he probably already is a United States citizen if he is your biological child. So if he was born in Dominican republic, he would need to just go get a counsalar record of birth abroad (CRBA) at the US consulate.... Read Answer

Hi Christine, if you are on SSDI, and you are a United States citizen, you are still able to sponsor your foreign national fiancé provided that he entered the United States with a visa, which it looks like he did, but you will need a joint sponsor. A joint sponsor Has to be a green card holder or a US citizen and Has to reside in the United States. I suggest you work with an attorney to handle your case from start to finish. Some of us charge a very affordable flat fee , With no hidden costs and we stay in the case for its lifespan. Counsel in any state can represent you.... Read Answer

The DS-160 does contain a field for whether the applicant has a fiancé in the US. The question is whether the issue came up at the time of the interview and the American consular officer discovered during the course of the interview that she actually did have a fiancé in the US. If that was the situation, your wife might be refused the immigrant visa after you now file and asked to submit an I-601 waiver application to overcome the ground of inadmissibility. The standard would be to prove that you would suffer extreme hardship if she was not given the waiver. On the other hand, if that was not the situation, it would be difficult to see how her tourist visa application would cause a problem with your immigrant visa petition for her at this time. A section 214B denial just means (as you note) that she was not able to show strong ties to her country of origin. 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

Usually it is very difficult for a permanent resident who was deported on a drug-related charge to return to the US. That being said, you may request an opinion from an immigration lawyer by giving him or her the entire criminal file for examination. 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

There are limited ways to obtain a green card. Most individuals obtain a green card through employment or family. What options would be best for you are best discussed in a consultation with an experienced immigration attorney. In the interim, you can read more about immigration options at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

Have you and your girlfriend met in person during the past two years? If so, you can file a fiancé visa petition on her behalf. You will need to establish that you have in person during the past two years, have a good faith relationship, and plan to marry within 90 days of her arrival. Once this petition is approved, both your fiancé and her son would be able to apply for a K visa. After you have married, your spouse and stepchild could apply for a green card. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

Have you and your girlfriend met in person during the past two years? If so, you can file a fiancé visa petition on her behalf. You will need to establish that you have in person during the past two years, have a good faith relationship, and plan to marry within 90 days of her arrival. Once this petition is approved, both your fiancé and her son would be able to apply for a K visa. After you have married, your spouse and stepchild could apply for a green card. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

You could apply for a fiancé visa petition. This will allow your spouse to enter the country for the purpose of marrying you and seeking lawful permanent resident. You will have 90 days to marry after he enters. Once married, he can apply for his green card. You can read more about the fiancé visa at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

The processing time will depend upon exactly what document your are requesting. There are several types of travel documents that allow you to travel outside the United States. The minimum processing time would be 90 days but you may be able to have the processing exepedite if circumstances warrant it.... Read Answer

You can marry your boyfriend regardless of the conviction. Whether you can obtain papers will depend upon more specific facts about the crime. Shoplifting is a crime involving moral turpitude. You may qualify for a petty offense exception or may need a waiver. An experienced immigration attorney will need to review the criminal record to make a determination. You can read more at http://myattorneyusa.com/criminal-aliens.  ... Read Answer

You can travel on Advance Parole only if you are to keep the TPS. Upon return, you will be paroled for TPS. You will not be able to also keep the F1 or you can enter on the F1 but will lose the TPS. I say, keep the TPS since it is a valid nonimmigrant status and can be always changed back to F1 if and when you need it.  TPS Overview... Read Answer

On form I-485, our suggestion would be for you just to put in “D/S”. You can also put down “out of status” or even “NLS” for no legal status if you wish. Any of these designations would probably be OK and should not cause a problem to the case. 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's history could pose a problem. I am particularly concerned with his conviction for robbery and mental incapacity finding. However, I cannot assess the impact without more information. What statute was he convicted of violating? What was the sentence imposed? Do you know the basis for the mental incapacity? This additional information will help me provide you with insight. ... Read Answer

Yes, you can file to obtain your green card if you stay. There is a process that accepts filing based on marriage even when you overstay. We help process these cases all the time. I would need more information about your last entry and when you stopped school. Once the Adjustment of Status is filed, you are in a period of authorized stay and the CIS cannot remove you. You can also obtain a temporary work and travel permit after 3 months. We handle these case all the time, please feel free to email me if you have any questions. ... Read Answer

The I-212 application for permission to reapply for admission into the U. S. after deportation or removal must be signed by the applicant although a parent or legal guardian may also sign the application for someone under 14 years of age, and a duly appointed legal guardian may sign for an adult who is incompetent to sign 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

Working under a fake Social Security number would not be a major obstacle in your applying for Obama's work Permit (deferred action for childhood arrivals). However, I caution you that no one knows exactly what will happen in the future. The law does state that individuals who represent themselves as US citizens in order to obtain employment are barred from immigrating to the States.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 would probably be best off meeting with an experienced immigration lawyer to discuss the possibilities of any relief available to you if you wind up in the immigration court. If the chances of relief are high, you may decide to submit an application for a replacement green card through form I – 90. There is also the possibility that you may abandon the application if U.S.C.I.S. sends a request for evidence of the felony conviction.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 probably not be able to bring your father over to work in the U. S. unless you are a U. S. citizen and can apply for his green card or you have a company or know someone who has a company that can sponsor your father for work. Even in that situation, he would have to fit within one of the categories for which the U. S. will allow a visa to work. 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 your visa is valid until January 3, 2014, you can reenter the States before that time with the same visa as long as you did not overstay the period of time that was given to you by U.S.C.I.S. when you previously stayed in the country. In after having delivered your baby here and contemplating returning to America with your baby who has a U. S. passport, you may run into the question of whether you actually have non-immigrant intent, which is central to your entry as a visitor. In entering on the current visa, you may have to convince a Customs and Border Protection officer that you actually intend to only remain in the country for short period of time and that you will leave at the end of your intended period of stay. In attempting to obtain another visa from a U. S. consulate or embassy, you would have to disclose that you have a child who was born in the U. S., and that fact may impact the consular officer’s decision of whether to give you another visitor’s visa. 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