Vermont Immigration Legal Questions

Under immigration rules, the job that sponsored you under H-2B visa status cannot sponsor for permanent residence since it assured USCIS that the job position itself was temporary. However, there may be other ways for you to immigrate.  You may wish to make an appointment with an immigration lawyer to discuss possible options. 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 More

1. It will likely take several years for your asylum application to be adjudicated. Asylum offices across the U.S. are substantially backlogged. If your asylum application is not granted by the Asylum Office, you will be referred to the Immigration Court unless you are in a valid nonimmigrant status. This will add to the processing time. 2. It will take approximately 8 to 12 months to bring your spouse and children after your asylum application is granted. 3. There is no filing fee to request asylum. You may hire an attorney to represent you. Attorneys' fees will vary. 4. There is no filing fee to petition for your spouse and children. Again, you may hire an attorney. Attorneys' fees will vary.  You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read More

No. Your sibling cannot enter the United States with a tourist visa with the intent to remain here permanently. Your sibling also cannot remain in the country while waiting for an immigrant visa. To be able to adjust his/her status, your sibling would be required to maintain valid nonimmigrant status up until they could file an application for adjustment of status. It will take more than a decade for them to be able to apply for adjustment of status as he/she will need to wait for a visa to be available if petitioned by a sibling. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read More

The college official is generally recognized as Immigration's person on campus and any mistakes which are acknowledged by the designated school official are considered ones that can be forgiven as technical violations by U.S.C.I.S. The foreign student should obtain written acknowledgment of mistake by the designated school official and file a motion to reopen the decision on the basis of technical violation.  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

As a Canadian citizen, you are treated as a visitor when you cross the border and allowed to stay a half year as long as U. S. CBP believes that you are a bona fide visitor. The 3 and 10 year bars in the U. S. only occur if you remain in the U. S. illegally for 180 days or more or one year respectively. The 180 days would only begin to be counted when the half year expires. So it would be only if you stay the half the year and then stay another 180 days illegally that you would be barred for 3 years from coming back to the U. S. The fact that you would be marrying a U. S. citizen would not automatically waive the bar. The bar can be waived upon application if you are able to show that your inability to immigrate would cause extreme hardship to your U. S. citizen wife. 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 can try, but they will likely discover your overstay and refuse to allow you to enter.  You are barred from returning for three years having overstayed more than 180 days but less than a year.  If you have violated the US immigration laws and want to enter the US with a non-immigrant visa a waiver is available.  The section of the Immigration and Nationality Act (I.N.A.) that provides for a waiver is 212(d)(3).  The B2 visa is a non-immigrant visa and this 212(d)(3) waiver is available at the consulate when you apply for the B2 visa.  Here is a link to more information about the waiver process and criteria.  http://www.state.gov/documents/organization/87150.pdf... Read More