Immigration Legal Questions

While you can start an LLC while on an F-1 student status, you are not authorized to work in it unless you have some type of work authorization. Unauthorized employment would jeopardize your ability to maintain lawful nonimmigrant status or adjust status in the US to permanent residence through form I-485. 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 conditions for H-4 employment are that the H-1B holder either has a labor certification pending for at least 365 days or has an I-140 preference petition approved. Assuming that one of those conditions is met, you could apply for both benefits concurrently with forms I-539 Application to Extend/Change Nonimmigrant Status and I-765 Application for Employment Authorization. You can make the application as soon as the condition is met by your husband since the EAD is open market under which you can work for any employer including your present one. 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

From your fact situation, I am not sure exactly where you are in the process. Were you turned back and are presently overseas? Are you here in the United States presently? If in the United States, do you have another appointment with CBP to bring in evidence? Is there a chance that you were expecting to have a paper I-94, and CBP did admit you, but that you have to obtain a copy of the I-94 electronically? I will address a situation wherein an individual is in deferred inspection with CBP. In that case, you would bring evidence that your husband is in the US (passport and electronic I-94) along with whatever evidence CBP requested you to bring to the deferred inspection. 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

If you change status to H-1B, your wife should be able to obtain a work permit since you already have an approved I-140 petition. If your H-1B work is along the same lines with the same I-140 petitioner, there should be no impact on your permanent residence. If the H-1B work is with another organization, USCIS may be curious to know whether you actually intend to work for the sponsoring employer upon obtaining your permanent residence. 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

Although marriages to US citizens or permanent residents which are engaged in during the time that an individual is in removal proceedings have a presumption of fraud against them, it is generally better for the couple to marry if the marriage is bona fide. In this way, the undocumented immigrant may have another option open to him in the immigration court. 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

Generally speaking, individuals cannot change their names legally in the US without going through a state court proceeding or as part of the naturalization process. That being said, USCIS has also said that it will allow an applicant to use and put the spouse’s last name as the applicant’s last name in a marriage based case. I do not know whether it will work, but if you are in a marriage-based immigration case, you may try by keeping your first name as your first name and your husband’s last name as your last name. Under other names used, you should put down the name as stated on your US nonimmigrant visa papers. 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

I do not see that there would be a problem with you flying overseas to another country if you are the subject of a shoplifting charge. The difficulty may be with the return to the US, especially if you have to obtain another visa at an American consulate or embassy. In such case, the nonimmigrant visa application form asks you to answer whether you have ever been arrested. 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 US citizen stepson can sponsor his foreign national stepdad only if the stepdads marriage to your mom occurred before you were 18. If mom got married this year and you are 32, then you cannot sponsor your stepdad. However, you can sponsor mom and once mom obtains a green card, she can sponsor your stepdad. ... Read Answer

You should be able to resubmit the same forms that USCIS returned. However, you should confirm if those forms have not expired. USCIS constantly updates forms so look at the USCIS website to see if there's a new edition. Regarding the fees, you would need to pay the higher fees because as of April 1, the fees increased. Since a case was not created, you are stuck with the higher fees. ... Read Answer

Currently, E-2 spouses are not required to apply for employment authorization as that is given pursuant to status under the code E-2S. We have heard of situations in which some consulates are still giving the designation of E-2D, and CBP sometimes does not make the correction at the port of entry. In such case, your wife would have to contact USCIS for the correction. I note that some E-2 spouses choose to apply for an EAD just to have a document which clearly spells out that the individual has employment authorization. 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

You received conditional residence through your marriage based I-485 filing. The purpose of the I-751 if done through joint filing is to demonstrate to USCIS that the marriage is bona fide. Questions of employment before obtaining conditional residence are not the concentration here, and I doubt that there would be questions pertaining to it. 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

If you are attempting to file adjustment of status for your mother who is here in the US, that would be a paper filing featuring forms I-130, I-485, and I-864. If you are attempting to file for your mother who is overseas and will interview for her immigrant visa at the US consulate or embassy abroad, the I-864 support document does not come into effect until the I-130 is approved and the case forwarded to the National Visa Center (NVC). In such case, the I-130 petition can be filed online. The I-864 will be requested in the second part of the case by the NVC. 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

Situations in which spouses are separated in immigration marriage cases usually raise more questions concerning the bona fides of the marriage. That being said, if your husband comes home to you very frequently, you could both say that his residence is in your state. In such case, you should keep documentary evidence of his trips back to you such as bus and train tickets, toll and gas receipts, credit card charges along the way, etc. 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

OK, a US citizen over 21 can petition his mother and father for their green cards, and they can adjust status here if they entered the United States with permission. If the mother and father are in a foreign country, the child can still petition for them but they will process their cases at the US Consulate overseas. A United States citizen can sponsor his sibling brother, but normally that takes about 12 to 15 years. There is no visa available for a sibling petition until at least 12-15 years passes. As far as your question regarding attorneys fees, some of us charge a very affordable flat rate fee to process the case from start to finish. We cannot solicit your case, pursuant to strict website rules, but you can research our backgrounds and reach out to one of us.... Read Answer

Do you not have medical insurance under the international student program? Did you try to contact the state health department and other programs that are available to help pay for treatment? You should look through the options and if you need help consider paying for a consultation to go over your options. If I-131 has already been filed, not much can be done. However if its not filed yet, you can try to expedite it.  Applying for U.S. travel documents can be a long and complicated process, but it doesn't have to be. If you need documentation within a certain time frame, you may be able to expedite your travel documents through Form I-131 or advance parole.I highly recommend to hire an attorney to help you navigate the process. Thank you.... Read Answer

There is a common misconception about undocumented immigrants needing to leave the U.S. for a set period after entering illegally. Entering illegally doesn't automatically trigger a 10-year departure requirement. However, there can be consequences depending on the circumstances of her entry. The U.S. immigration system doesn't work with "pardons." There may be options for her depending on how long she's been in the U.S. and other factors, but an attorney can give the most accurate guidance.  Immigration laws are complex, and the best way to determine your mother's options is to consult with an immigration attorney. They can assess her situation, analyze her eligibility for different programs, and guide you through the process. I would recomend that you pay for an immigration consultation to get all your questions answered, and get a solid foundation regarding the whole situation. Feel free to reach out to discuss pricing and payment plans.... Read Answer

I'm sorry to hear your husband's visa was denied due to inadmissibility with no waiver available. It's a difficult situation.  The first step is to understand the specific reason your husband was found inadmissible. This information should be included in the visa denial letter. Common grounds for inadmissibility include criminal history, security concerns, health issues, or immigration violations.  An attorney specializing in immigration law can provide specific guidance based on your husband's situation. They can advise on the possibility of appealing the decision (if applicable), exploring different visa options, or waiting for circumstances to change that might allow a future application. It is advised that you schedule a consultation with an attorney of your choice to go over all of your options available. While some information is available online, an attorney can analyze your situation and explain the legal options available to you and your husband.   The small consultation fee is an investment in getting professional guidance through a challenging situation. It can save you time, frustration, and potentially money in the long run by helping you navigate the legal path most likely to lead to a successful outcome. ... Read Answer

That depends upon whether your bachelor’s degree was earned in the US or if not, is the equivalent of a US baccalaureate degree – and whether it is related to the position that you will be sponsored for, which must be in a specialty occupation requiring a related bachelors degree. If your bachelor’s degree is not the equivalent of a US bachelor’s degree, you might be able to qualify for H-1B specialty occupation status if you had sufficient related professional work to make up for the lack of a US degree. In immigration parlance, three years of such work can make up for one year of missing education. There is even the possibility of your master schooling being added to your baccalaureate schooling to give you the equivalent of a baccalaureate degree related to the specialty occupation. If you meet those conditions, your employer can sponsor you. For FY-2025, cap H1B registration season goes from 3/6/24 – 3/22/24. If you miss this registration, you would have to wait until next year for the next round. 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 scenario that you describe is feasible that you can work on OPT for one employer, and if that employer is unwilling to sponsor, another employer can do the sponsoring and you would move on to that employer at some time thereafter, and at the latest 30 days after October 1 if the H-1B is approved prior to that time, or 30 days following the approval of the H-1B if approved after October 1. I do not see that there would be a higher risk of your being petition being rejected or revoked by being sponsored for H-1B by another employer where your present employer is unwilling to sponsor and you will move on to the sponsoring employer. 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

I am not sure that I understand what you have done. The N-400 asks for all names that you have used including nicknames on page 2, part 2, item 3. If you did not disclose a nickname or other name, you can do so at the time of interview as the officer will go over the form with you. I do not know what you mean by “added details under previous name”, but honesty is generally the best policy in immigration interviews. 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 your asylum claim already having been granted, you cannot add a new person onto your case at this time. You can sponsor a spouse when you obtain permanent residence, but that will take time as you are not eligible to receive resident status until you have been in asylee status for at least one year. Under present rules, you can apply ahead of time although the consequences have not been spelled out by USCIS as to what will happen if it reaches your case for adjustment before the year is out. When you do receive permanent residence, the question of whether your spouse will be able to adjust status depends upon her maintaining legal status until she is able to file for I-485 adjustment. Currently, the F-2A category for LPR filing for spouses is backed up six months under the March 2024 visa bulletin chart for dates of filing. Therefore, she would likely have to maintain some form of legal nonimmigrant status for approximately a year and ½ or even longer before she could file for adjustment. If she files for asylum while in status, and her case is pending at the time she is able to file for adjustment, the law is split as to whether she would be allowed to adjust with the majority view being that she would not be able to do so. You may wish to check the law on this point in your intended circuit court of residence when your wife is eligible for adjustment. 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

Your mother is her own person and I imagine that she will do whatever she wishes concerning her own immigration status. You are not liable for the actions of your mother unless you are conspiring with her to have her come and stay illegally in the country. The immigration laws do not assign any form of penalties against relatives in cases like the one you describe. 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