Immigration Legal Questions

It would affect you insofar as your required income level to support an immigrant would increase because your household size is bigger after marriage. In order to determine what income is required to support a foreign national, you need to look at the poverty income guidelines for Uscis by doing a Google search.... Read More

Thank you for reaching out with your concerns regarding your upcoming travel. As a Green Card holder, maintaining your residency status and understanding the rules for international travel are vital. This is a situation where the distinction between "traffic law" and "immigration law" is very important. While traffic violations are usually civil matters, anything involving a court date or a suspended license can feel risky for a Lawful Permanent Resident (LPR). Important Points to Consider: Most traffic tickets (speeding, stop signs) are civil infractions, not crimes. Immigration officers at the airport are primarily looking for criminal convictions, specifically those classified as "Crimes Involving Moral Turpitude" (CIMT) or aggravated felonies. Generally, a suspended license for unpaid fines does not fall into these categories. The biggest danger for travel with a pending case is a Bench Warrant. If a person misses a court date, a judge might issue a warrant for their arrest. CBP officers see active warrants immediately when they scan your passport. Since you say the judge moved the date to April 2026, there should not be a "Failure to Appear" warrant on your record—but you should verify this with your traffic attorney before leaving. Because your case involves a specific timeline and a pending court case in 2026, we strongly recommend that you Schedule a Free Consultation with us. This will allow us to provide personalized legal guidance specifically tailored to your situation to ensure your return to the U.S. is successful. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read More

Thank you for your inquiry. This is a sensitive situation that many families navigate, and understanding the legal landscape is the first step toward clarity. Here is a general overview of the legal considerations regarding your query: The Status of the Baby Generally, a child born in the United States is a U.S. citizen at birth, regardless of the immigration status of the parents. Therefore, the father's status should not prevent the baby from being recognized as a U.S. citizen. Potential Family Challenges While the baby’s citizenship is typically secure, the father's lack of legal status may present challenges for the family unit. Potential issues often involve: Family Reunification: Our firm specializes in family reunification and can explore legal avenues for keeping families together. Pathways to Residency: If applicable, our firm provides guidance on obtaining a Green Card through marriage, which may be a relevant factor for the parents' future. Compliance: Our team offers compliance guidance for international movement and helps manage residency challenges. Because immigration matters are highly individualized and depend on specific facts not provided here, we recommend scheduling a consultation to discuss your daughter's specific situation in detail. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read More

He needs a visitor visa and you cant sponsor him for that. He needs to convince the US Consulate that he has enough money to finance his trip and finance his expenses while in the US, and that he will return once his visit is complete. Evidence to proove that would be a bank savings account with sufficient assets, proof of a job and/or proof of property ownership, payroll receipts from his job, a letter from his employer, etc. Evidence that he has a girlfriend in the US would probobally hurt his chances, but if they ask him if he has a girlfriend here, he must tell the truth. ... Read More

Good question. I am of the opinion that this can be done, but there is of course the issue that you are applying for an extension of a visa status under which you are supposed to still be maintaining nonimmigrant intent. There is a good possibility that USCIS will flag you and the company on the issue, and the company would have to give a response. But in the meantime, you would have extended work authorization by having timely filed a TN extension with USCIS. Hopefully, your EAD is approved prior to your expiration so that you do not have to make a choice of either doing the extension or stopping work for a period of time. I do not believe that this would adversely affect the I-485 as long as the adjudicator is reasonable. Good luck. 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

With the Trump administration heavily vetting entries into the country, trouble-free travel is not guaranteed for anyone except US citizens – and even they are rumored to have difficulties sometimes with DHS. If you are a nonimmigrant, you can be denied entry on discretionary grounds. If a green card holder, you could be kept at the port of entry or even placed in detention while Customs and Border Protection officers look over your records. We do not encourage unnecessary travel at this time, especially for nonimmigrants, but also for immigrants with checkered criminal histories. 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

The fact the Bangladesh is on the list of 75 countries for which immigrant visas cannot be issued does not mean that a case cannot be processed up to the interview stage. In a normal case, processing takes approximately 1 ½-2 years before reaching the interview stage. So your son could file the I-130 petition for alien relative, and assuming that it is approved, his wife can begin the consular process in which your financial support will be relevant. Hopefully, by the time that her case reaches the interview stage, the travel ban will no longer be in existence. If it is, she and your son would have to look at any way under which it could be waived. 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

I assume that you are outside the United States under the AP. Just because a priority date becomes current does not mean that your case will automatically be reached for adjudication by USCIS. However, in the event that it is, the agency may approve the I-485 application while you are abroad, give another RFE, or if there are reasons for doing so, deny the I-485. In the event that you are returning under the advance parole and USCIS has approved your case but has not yet issued the card, you can show the advance parole and I-485 approval sheet to the immigration inspector at the port of entry. 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

From your facts, it appears that your spouse fell out of lawful status after you arrived in the US as an F-2 dependent prior to your spouse filing for asylum. Your nonimmigrant status was based upon your spouse, and you would also be considered out of status. USCIS will generally not approve a change of status application in your situation as you were already out of status prior to your spouse’s asylum filing. I am sorry that my answer cannot be more encouraging. 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

I am not aware of any formal process for Yemenis to overcome the current Trump administration ban on entry to nationals of the country. That being said, any exception would have to satisfy the criteria of urgent humanitarian need, no national interest concerns, and that the waiver would be in the public interest. Probably the best strategy for interview would be to gather up all documentation of the extreme hardship to your wife along with her sworn statement, produce anything that you may have that can show that you are not a security risk, and show any reasons for which it would be in the national interest to admit you to the country. You appear to be outside of Yemen from your facts, and any documentation showing that it is unsafe for you to be in that third country might also be helpful. The chances are likely not good, but best of luck. 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

When a H-1B applicant for consular processing applies for and receives the H-1B visa, he or she is making an assertion that he or she will be returning to the US to work for that particular employer. It may be deemed visa fraud or misrepresentation if you return to begin working with another employer immediately when you reenter the US. A suggestion is to return and work with the sponsoring employer for a period of time before attempting to switch over to another organization. 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

It would appear that the child is protected under the CSPA as his age was “frozen” at the time that the priority date became current which would appear from your set of facts to have been in September 2022. He also sought to acquire his immigrant status by his having filed the I-485 application in the same month. Alternate options would not appear to be necessary. 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

Without knowing the circumstances of the revocations of the two H-1B petitions, one cannot give assurances that they will not affect a future green card process through your husband. However, the fact that you were allowed a change of status back to F-2 is encouraging as it means that USCIS took a look at your situation and found that in its discretion, it would allow you to resume your former nonimmigrant status. If you are truly concerned about the revocations, you may wish to obtain copies of all paperwork and request the opinion of an immigration lawyer familiar with nonimmigrant work petitions.  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

In coming to the US, you are making a representation that you are a temporary visitor. Bringing your US citizen child with you may raise doubts on whether you have the requisite nonimmigrant intent. Under the Trump administration, inspections at airports by CBP are becoming more rigorous, and there is the chance of being turned away. A number of individuals have also been detained for days and weeks. A US citizen minor child does not afford any protection against removal. Assuming that you are married to the US citizen, you can be sponsored even if you are overseas. At the end of the process, you would apply for an immigrant visa after interview at the American Consulate or Embassy, a process which is taking approximately two years. USCIS and the consular officer will look at the circumstances of your marriage to ensure that you still both intend to engage in a life together. 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

For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS lockbox filing locations chart. The chart goes by your location rather than the three letter prefix of your receipt number. 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

Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US, the principal must file for an I-824 Application for Action on an Approved Application or Petition to allow USCIS to send a copy of proof of your adjustment of status so that your spouse can begin the consular processing. There is no simultaneous processing of adjustment and consular action. The dependent is usually able to interview and come over within a year of the principal’s approval as long as there is continued visa availability. 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

This appears to be a confusing question as no one is designated as head of household where there is a jointly filed tax return. Perhaps the correct answer is the individual who is making the most declared income or the individual whose name appears first in the joint filed tax return. 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

There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on or after September 21, 2025. Persons and companies doing H-1B transfers where the initial H-1B petitions were filed before September 21, 2025, are not subject to the fee. 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

If you obtained your green card legally through marriage and disclosed that you entered the country illegally when you applied for your green card, that should not be an issue when you apply for your US citizenship unless USCIS or the US consulate made a mistake in approving your green card. 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

Your wife’s H-4 EAD is for open market employment, and she is not restricted in her job opportunities as long as they are not illegal. It should be made clear on the tax return whose income it is that is derived from the short-term rental since that work is not authorized for you. You can discuss that with your accountant. 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

Normally, we would say that this should not be a problem except that it has not been determined whether the Laken Riley Act which imposes mandatory detention on noncitizens for theft offenses is retroactive. Note that it only applies to individuals who entered the US illegally or through fraud or misrepresentation. If you entered legally through a visa or parole, the Act clearly does not apply to the petty larceny. If your mode of entry places you within the class of individuals who may be susceptible to the Act, it is our opinion as well as that of most attorneys that the Act is not retroactive. We note as you note, however, that these are restrictive times as per your recounting the story of the woman from Ireland and improbable things are happening under this Administration. 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