Immigration Legal Questions

As this is an immigration-related forum, I will assume that you were not born in the US for purposes of this question. If you are a naturalized citizen, you can attempt to file for a replacement naturalization certificate on form N-565 Application for Replacement Naturalization/Citizenship Document. With the certificate, you can apply for a US passport. If you are a lawful permanent resident, you can apply for a replacement green card on form I-90 Application to Replace Permanent Resident Card. Having a copy of naturalization certificate or green card would be helpful, but not completely necessary to obtain replacements. Good luck. 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

Inasmuch as H-1B is a dual intent visa, starting your PERM application prior to attending your H1B visa interview overseas should not impact your visa interview or entry back to the States. So in my opinion, you can start the PERM application prior to taking your trip. Please however, be forewarned that there is heavy vetting at ports of entry under the Trump administration. 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

Even if your spouse filed an immigrant visa petition for you to interview in India, you can change the location of the place of interview when the petition is approved and is either at the National Visa Center or the US Consulate in India. To effect the change in location, you or the petitioner would have to make the request along with showing proof that you are a citizen, national, or have a long-term visa in Singapore.... Read Answer

Generally speaking, the SOC code on the H1B registration, LCA, and I-129 petition should be consistent. USCIS adjudicators crosscheck the SOC code on all three applications, and inconsistency would invite a RFE and likely denial. In your case, with the initial SOC of 43-6012 being legal secretaries and administrative assistants and SOC 23-2011 being paralegals and legal assistants, it is apparent that the latter SOC code is better suited to fit the H-1B requirement of the position being in a specialized occupation. There is also the issue that the wage for SOC 43-6012 is less for legal secretaries and administrative assistants than for paralegals and legal assistants and that the organization may have used that fact to get a higher level wage thereby increasing the chances of the H-1B registration being selected. Perhaps the best solution is to continue using the SOC code and explain exactly how the job in question qualifies as a specialty occupation requiring at least a specialized baccalaureate degree.... Read Answer

A US citizen child over the age of 21 can sponsor their parent for a green card. Recent policy changes in the law make it  more difficult to file an adjustment of status if the parent is in the United States. However, if she is outside the United States then she can process at the US consulate in her home country. You should retain an immigration attorney to handle the case from start to finish. Some of us charged and affordable flat fee for this representation.     ... Read Answer

Age‑discrepant marriages are subject to strict scrutiny for obvious reasons, and USCIS will examine the bona fides of the relationship closely. The best way to maximize the chances of approval is to retain an experienced immigration attorney to manage the case from start to finish. You should also be aware of the USCIS directive issued last week, which represents a significant shift in agency policy. Under this new guidance, marriage‑based adjustment of status will be approved only in extraordinary circumstances. You should consult directly with an immigration attorney to understand precisely how this policy change may affect your case.... Read Answer

I do not see that you would have a problem on the photo. On the marriage license, I assume that you are really referring to the marriage certificate or that the marriage certificate is one that also has the marriage license on it. When you say that the front side has the date of the marriage license, please note that USCIS must be able to ascertain the actual date of your marriage from the document. Assuming that that date is on the backside and that there is nothing else on the front side, you would not have to give USCIS a page with no relevant information on it. If USCIS has doubts concerning the marriage paper, it can request the original document in a Request for Evidence (RFE). 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

Please note that the Trump administration has just come out with a policy memo on May 22, 2026, describing the adjustment of status process as a loophole and that it should only be approved under extraordinary circumstances. It will take time to discern what the effect will be on future filings. Even without the memo, however, we would not normally recommend an adjustment of status process for your wife as she already has a pending I-130 petition with USCIS, which connotes that she has immigrant intent, and her entry under a B visa status may be looked at as a way for her to circumvent consular processing if you move forward with the adjustment application. (I note that the priority date that you mention, 6/4/2026, is inaccurate as we are still in the month of May). 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

USCIS has been known to give difficulty where H1B beneficiaries who were selected in the H1B registration process attempt to transfer to a new employer before October 1. The best scenario would be for you to work for the company that applied for your H1B registration/H1B petition after October 1 and then present paystubs from that employer in support of your transfer petition. 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

Generally speaking, where an individual is not a US citizen by birth, he or she can acquire US citizenship through the Child Citizenship Act which came into effect on February 27, 2001, if the parent is a US citizen; the child was under the age of 18 and a permanent resident; and the child was in the legal and physical custody of the US citizen parent. Another way of attaining US citizenship under the Child Citizenship Act occurs if the parent is a US citizen; the child is under 18; the child is in the legal and physical custody of the US citizen parent outside the US, is in the US temporarily on a lawful admission, and is maintaining status; and the parent or grandparent has been physically in the US for five years at least two of which occurred after the age of 14. You had to have been under the age of 18 on the date of the law came into effect. 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

All these items are for use only in the US and sending them to him to facilitate his ability to work and drive if he is planning to return to the US could be problematical to you. Portions of the law assess liability to someone who assists or encourages inadmissible aliens to come to the US. 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

Because of the long period of time between the ending of her OPT and the beginning of a new program, perhaps it would be better for her to depart and apply for new F-1 visa when the new I-20 is issued for the August 2027 program. I assume that she is not on the list of countries whose nationals are banned from applying for F-1 and other types of nonimmigrant visas. 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

Since she is already overseas, she will have to process her case through the NVC. She may also have to submit an I-601 application for waiver of ground of excludability if she was unlawfully in the US under most type of situations. The waiver would have to be based upon extreme hardship to her mother and would be applied for following consular interview and denial of the immigrant visa application. 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

Such a small mistake on the 10 year green card would not appear to be a basis for denying entry. If the CBP officer catches it, you could point out that it was not your error. Filing an I-90 as a preventive measure at this time may not be the best solution as such a filing requires that you attach the flawed card as part of the application. 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

In your situation, you probably need a good criminal attorney. For immigration purposes, you should engage an immigration attorney who also knows something about criminal law and how it affects immigration status – in other words, an attorney versed in what we term Crimmigration. 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

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer