Immigration Legal Questions

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

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