Immigration Legal Questions

That you received the I-797A with the additional 10 days means that USCIS is correcting the first I-797A to give you the 10 day grace period. Kindly note that you are allowed to stay but not work during a grace period. 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

On OPT, a student is allowed to work in the field related to the schooling major. I am not quite sure what you mean “apply for a contract”, but if you mean self-employment, that is also allowed in your field of study. 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 H-4 is only a dependent application, USCIS cannot give you a stay that is different from the one that is given to your spouse, the principal. That also applies to the work permission. While this may be a frustrating situation, you will have to wait for May to work on this EAD. 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

Whether your intended husband is able to obtain a green card and come to the US through your sponsorship after you are married depends upon his immigration and criminal history. He can obtain a copy of his immigration history through the Freedom of Information Act or a legal representative can do that for him. If he has a criminal history, he can obtain a copy of it through a legal representative. With the information, you and your intended husband can see whether there are any foreseeable obstacles to his immigration. If you have questions, you and he can engage an immigration lawyer to evaluate the materials.  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

We have always advised that in a situation of I-485 adjustment with an expired I-94, individuals are taking a risk in traveling overseas or near the borders of the United States. While the risk is minimized during the Biden administration as opposed to that of Trump, the risk is still there. 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

All prior A numbers should be listed so that CIS can consolidate all applications under the same number. You do not specify the details of your case: 1) how did you get a green card previously? 2) why did you abandon it? 3) on what legal basis are you now obtaining a new work permit?  These are very important issues that you should review with a qualified immigration attorney.... Read Answer

At some point or other, your parents will likely find out that you are married. You are the primary financial sponsor as the petitioner, and as such, your parents can be expected to bring in an updated affidavit of support from you and the cosponsor at the time of their interview. The only way that they would not know is if you did not disclose on the I-864 form that you are married. In addition, such nondisclosure may constitute a misrepresentation on your part as your marrying would add one more person to the number in your household, which may be relevant if your income and assets are borderline in supporting your parents. Your parents require your affidavit of support, and if the amount of support is not sufficient, another affidavit of support from a joint sponsor. They cannot just bring in the joint sponsor’s affidavit of support. 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

An uncle can sponsor nieces and nephews to come over on temporary visas, but the relationship of uncle is not one that is recognized in the immigration preference system for permanent immigration. You can sponsor your brother for permanent residence – a long drawn out process – but not his children separately. Adoption is usually not a viable solution where the parent is still alive and around the children. 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 incident at Walmart would not make you inadmissible to the United States. That being said, student visas are given in the discretion of American consular officers. A reasonable officer in the absence of other unfavorable factors should give you another visa, but such is not guaranteed as the immigration laws give consular officers much discretion in this area. 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 an application from B-2 to F-1, the usual inquiry of USCIS is when was the first contact with the school. This is seen as more relevant in determining the intent of the individual upon coming to the US than applying for a driver’s license or opening a bank account. 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

For the month of January 2024, immigrant visas are being given to those in the F-3 category who applied prior to April 22, 2009. So the waiting line is now 14 ½ years. During the waiting time, USCIS does not allow individuals to remain in the US and work just on the basis that they are being applied by a parent for immigration under that category. However, in answer to your question, there is nothing that precludes you from applying for the F-3 category while your wife is applying for her green card here under L-1. It would appear that the quicker application would be through your wife, especially if she is a multinational executive or manager and the organization decides to sponsor her for 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

I am not aware that there are any restrictions on a K-1 visa for an individual going from Chile to Argentina and back to Chile before coming to the US under that visa. The only restriction of which I am aware in that context is that the individual must enter the US before the ending date of the visa. 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 US citizen spouse would have to prove that she would suffer "extreme hardship" If USCIS denies her foreign national husband a green card. "Being in love" is not a valid reason to obtain a waiver. The US Citizen spouse should seek the opinion of a medical doctor to establish whether any mental or physical condition would render her reliant on her husband to the point that she would suffer the "extreme hardship" if the waiver was not granted. The waiver application should include opinions from several physicians to establish "extreme hardship", as well as affidavits from friends, family members and/or coworkers, to support the opinion of the physicians in layman terms.... Read Answer

Immigration is a Federal practice, but answering these questions can prove frustrating to some.  If you are married to a U.S. citizen and intend to immigrate, then it will be difficult to overcome the presumption of immigrant intent that is imposed when anyone applies for a non-immigrant F-1 student visa.  As a result, a consular official has a responsibility to deny the visa. If you misrepresent your intentions, and get caught, the bar on lawful immigration can be indefinite. If the consular official has subjective reason to believe that a person is inadmissible, then a non-immigrant F1 visa may be denied as a matter of discretion. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship... Read Answer

H-1B generally requires that you enter a selection process with USCIS in March to see whether you are selected to be allowed to participate in the H-1B program if you are working for a private company. That is unlike E-3, which has no limitation on the number of individuals who can participate. The advantage of H-1B is that it is a dual intent visa under which you can intend to immigrate and at the same time be allowed to stay here on a nonimmigrant basis. The E-3 falls within a gray area, under which it can be denied if there is immigrant intent on your part, although it is treated in most cases more favorably than applications based upon visiting or studying. If you are selected, and if you decide to remain in the US, you can apply for a change of status which will allow you to remain in the US when the H-1B takes effect in October or later assuming that you are approved. After the H-1B takes effect, any trips that you wish to take outside the US except to Canada or Mexico for 30 days or less would involve obtaining a H-1B visa in the passport before being allowed to return 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

If you have a single entry visa, you must have it renewed when taking a trip outside the US. While there is no guarantee that an American consulate or embassy will renew the visa, consular officers will usually allow the renewal unless there are circumstances that they believe need to be looked into. 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

For a child to be registered as a citizen at a US consulate or embassy, the US citizen parent must be able to prove that he or she was physically in the US for five years, of which at least two had to be after attaining the age of 14 prior to the birth of the child. If you did not meet that requirement, you cannot make up for it at this time. You can alternatively file a petition for your child to enter the US as a permanent resident and if your child is then under 18 and a permanent resident and living in your legal and physical custody, he or she will automatically qualify to become a US citizen. At that point, you or the child can apply for his or her US passport or send an application to USCIS (Form N-600) to obtain a certificate of citizenship. 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

Whether you can sponsor two persons at the same time depends upon your means, but also upon timing. If you are a fairly wealthy individual or making a good living, e.g. earn $100,000 annually, you would usually have no problems sponsoring multiple individuals. On the other hand, if you make much less and barely pass the levels required under federal guideline levels (see USCIS form I-864P), you may decide to sponsor only one instead of two if they are both in the category of cases that require an immediate affidavit of support. On the other hand, if the cases will require affidavits of support far apart from each other in time, you can probably sponsor both since you will not have put up the second affidavit of support by the time that the first case is completed. 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

There are two things involved here for you to obtain the benefit from your mother. The first is the length of time and the second the TN status that requires nonimmigrant intent. If your mother sponsored you, it would be under the F-3 category for married sons and daughters of US citizens. For Mexican-born, only those who applied before June 15, 2001, are receiving final interviews. So that is a wait of over 20 years. The second issue is that TN is not a dual intent visa under which a person can intend to immigrate while at the same time receiving the TN visa. Luckily, most consular and CBP officers would take into account the length of time that the F-3 application would take, and would accordingly still allow you to enter the US with TN status even if you have a pending or approved immigrant visa petition under that category. 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

An EPO-001 emergency order of protection in California apparently can be issued by a law enforcement officer if he or she believes that protection is immediately warranted. The length of time allowed is seven days given that it is not issued by a judge. Such would not appear to be capable of affecting your immigration status. However, any further altercations with your ex-girlfriend could lead to immigration consequences. 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 question of how to change from a visitors visa to a working one depends upon an evaluation of your qualifications, particular job opportunities, and the applicable law. You should consult an immigration lawyer to go over your legal ability to take on the particular job along with any and all viable 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 Answer