Immigration Legal Questions

I will assume that you are sponsoring your parents for the green card, and not for US citizenship. In such case, your marrying during the petition process will generally have no effect on your parents’ eligibility to immigrate. That being said, you are still liable to provide I-864 affidavits of support for each parent under which you will have to meet government financial guidelines. Your wife would count as one of your dependents. If she makes money, you could add her income to yours to bolster the support for your parents. If she is not working, the amount of earnings and assets that you have would have to be enough to cover one more person, your wife. 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 brother-in-law taking financial assistance from the government for an emergency appendectomy will have no effect upon an application for political asylum. While an individual or individuals giving an I-134 affidavit of support have agreed to cover expenses by the parolee, there is currently very little enforcement to recoup monies back from an I-134 sponsor given the time and money required to pursue the affiants along with the political unpopularity of doing so. 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 conditional green card is given to you for 2-years if married less than two years and prior to it expiring you and your spouse will need to apply to remove the condition. As you already have an approved conditional green card not sure why you will want to worry about TPS. Seek representation from an immigration attorney to strategically go over this with you.... Read Answer

Question 23 on part 12, page 14 of theN-400 naturalization application asks whether you have ever been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the US Armed Forces) for any reason? That would seemingly include your traffic accident with alcohol. Although the naturalization officer may look at the offense again – if your immigrant file shows the fact that you received the immigrant visa despite your disclosure of the offense previously, that likely means that he or she will not look at it that closely in terms of inadmissibility as a crime or other ground of inadmissibility. More of a concern may be whether you have made a misrepresentation in your naturalization application which could lead to a finding of ineligibility for not having good moral character. Such may depend upon the officer’s perception of your forthrightness at the interview and whether the officer gave you a chance to correct your account, and whether you were forthright in doing so. If you continually denied that you had any incident with the law and the officer had to in effect drag it out of you, the officer may consider whether a misrepresentation was made. 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 the month of October 2023, the final action date chart of the visa bulletin shows that the availability date under which individuals can obtain their permanent residence is backlogged to February 8, 2019. Please note that dates in this category can change radically, but assuming that the situation remains stable, a person with a priority date in April 2021 can expect to wait approximately two years for final immigration. I note that the US is currently beginning a program to allow nationals of certain countries – El Salvador, Guatemala, Honduras, Colombia, Cuba and Haiti – who have approved I-130 petitions but are caught in the backlog to apply for parole, which is given, will allow the individual to remain in the US for a period of up to three years with work eligibility. 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

As the NVC has informed you, the petition that you filed does not include derivative status for family members. That is because you are filing in the immediate relative category for spouses, parents, and unmarried children under 21 of US citizens, and the law does not provide for derivative applicants. You can submit a new petition for your 17-year-old brother under the F-4 category for siblings of US citizens. His processing time will be approximately 13-15 years under current projections. Alternatively, your parents can immigrate and petition for him under the F-2A category for unmarried children under the age of 21 of green card holders. This category is currently projected to take around 2-4 years to complete. 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 J-1 medical residency automatically invokes a two-year foreign residence requirement which is usually difficult to waive in a situation like yours. If your wife can obtain the position under H-1B, that would probably be a better choice. Unless your wife has a waiver or has served out the two-year home residence requirement, she is not eligible for permanent residence. Under a two-year residence requirement, an individual cannot assume a H category visa status. Waiver would only be available where extreme hardship would occur to a US citizen or permanent resident spouse or child if the waiver is not approved, or your wife would face persecution in the home country, or your wife obtains an interested US governmental agency waiver, or qualifies for a Conrad-30 state medical waiver. Assuming that you receive your permanent residence in 2-3 years, you can begin to sponsor your wife, but she would not be eligible for permanent residence finalization unless she has obtained a waiver or fulfilled the two-year residence requirement. 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 entries and exits since 2013, you can generally go to the CBP I-94 website to obtain the information even if the entry or exit is not stamped by the US or foreign country. An officer should not deny a naturalization application for lack of a passport stamp if he or she believes the applicant or the date is largely irrelevant to the application. Usually, a date is only relevant where there is question as to the qualifying time for physical residence or continuous residence in the country. 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

Petty theft for immigration purposes is generally regarded as a crime involving moral turpitude. I assume that when you say that you have two petty thefts against you, you either pleaded guilty or were convicted. In such case, the difficulty as I can see it is that you have two, and as such, are subject to removal proceedings. The exception to removability is where both petty thefts arose from a single scheme of criminal misconduct, at which point you would not be removable. If they were separate episodes not arising from a single scheme, you may wish to consult an attorney familiar with criminal law about the possibility of reopening one of the petty thefts and obtaining a more favorable disposition that would be acceptable for immigration purposes. I note that in the event that you are ever placed in removal proceedings, having a good record other than those incidents along with being the mother of two US citizen children would help your case for a favorable outcome. 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 is a possibility that your sister who is on food stamps may be able to provide an affidavit of support for you as the form does not ask whether the financial sponsor has received government assistance. But please note that any government assistance or unemployment monies cannot be the basis for the financial support. Insofar as your brother is concerned, a person who just began working and has no other history of paying taxes or having considerable assets would be a poor candidate to provide an 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

When you marry a woman with children who are not yours, they become your stepchildren under US immigration law if they are under the age of 18 at the time of your marriage. Assuming that was the case, it would appear that DNA testing should not have been a requirement for the children’s case so long as you have a bona fide marriage with their mother, and that the marriage was not entered into just in order to accord US immigration privileges. There is a possibility that the consular officer may have been concerned about the bona fides since your spouse was probably accorded the immigrant visa based upon her ability to satisfy the bona fide requirement – which burden may have been less in light of the representation that you had common 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

Kindly first understand that USCIS does not make fast determinations, and so any change of status application will likely not be adjudicated until the time that you have left the country. Perhaps if you take this step, you should notify USCIS upon your leaving and request to withdraw the application as of the date of you leaving. As to the impact of your dropping out of school on a future F-1 application, an adjudicator may wonder whether it is a good idea to give another visa to an applicant who has not shown that he or she has been a good student in the US under the previous 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

From the time that a US citizen sponsors a spouse, it takes roughly 18 months before the marriage interview to get the green card. When you file the case, you can request advance parole, but that takes 10 months to obtain permission to travel out of the country, pending the adjustment of status case.... Read Answer

With the second-round selections on H-1B’s, petitioners have until October 31, 2023, to file the H-1B petitions. If you have plans to return to the US in the short run, you may wish to continue the F-1 visa interview process. If you plan to stay in India until after the H-1B petition is approved, then you may wish to wait until that time to schedule the H-1B visa interview over there. At this time, appointment times for H-1B are extremely reasonable. 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 depends on his situation. At the age of 18, you have passed the age of consent and are free to marry without parental consent in any state of the union. You can petition for him assuming that you are a US citizen or permanent resident. Whether his immigration case will be successful depends upon his total circumstances, e.g. mode of entry, past problems with police or Immigration, etc. I suggest that you have a consultation with a lawyer with experience in immigration law. 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 unfortunately appear to be stuck for now with your unlawful status. Even if you were able to sponsor yourselves through an EB-5 investment program, EB-1C multinational executive or manager petition, or even labor certification/I-140 petition with another employer, you would generally not be allowed to adjust status, and would find that upon leaving the US to interview for an immigrant visa, the 10 year bar against reentry for having an unlawful stay for one year or more in the US would apply to you. In your situation, probably the only way that the 10 year bar could be waived is if you have a US citizen or permanent resident parent and it would cause extreme hardship to him/her if your immigrant visa could not be approved (I-601A program). If your wife has such parents, she might possibly be the principal applicant for immigration if she can prove that denying her an immigrant visa would cause extreme hardship to her parents. 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

Some individuals on B-1/B-2 visas have been able to change to work permits (some sooner than others), but that depends upon the particulars of the individuals’ situations. You may wish to consult with a lawyer experienced in immigration law. 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

Under a guidance change some time ago, those who timely file for F-1 change of status are not required to file for an extension of the B-2 status. As to your question of the likelihood of being approved, I cannot say, but in our experience, USCIS approves more requests for change to F-1 status than it denies. 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 representationguidance 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 marriage of a beneficiary of an F-4 sibling petition has no effect upon the approvability of a petition. The marriage of course should be bona fide and not for purposes of merely assisting the other party in obtaining an immigrant 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

On taxes, you will have to fill out the I-864 and attach a statement as to why you have been exempt from the filing of US taxes. Given the fact that you have not been filing, you should find a joint sponsor to file another I-864 support affidavit unless you have sufficient liquid assets to cover the amount required to sponsor your spouse (I assume that this is for your spouse as children of US citizens are generally US citizens by birth and do not require sponsorship). For that, you would have to look at the poverty guidelines on form I-864P to ensure that you have sufficient assets (three times the required amount). Presentation of job letter, payslips, and non-liquid assets may assist in swaying an immigration officer of whether you are fully capable of supporting your wife and other members of your household. In the event that you are uncertain on this point, you may ask a close friend or relative to file a joint I-864 for your wife. 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