Immigration Legal Questions

Whether you file the I-485 petitions depends upon your intent and that of your parents. If they wish to return overseas soon, you would file separate I-130 petitions for them, and they would consular process their immigration later on forms DS-260 Application for Immigrant Visa with the National Visa Center after the I-130 petitions are approved, and interview for the immigrant visas at the designated embassy or consulate in their home country. If you and your parents decide that they should remain in the US, you can file concurrent I-130 petitions (one for each parent) along with I-485 applications (again, one for each parent). 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

Inasmuch as you only stayed in the US on H-1B visa status for 1.8 years out of the total allotted stay of six years, you appear eligible for a cap exempt visa petition. If approved and you pass the consular interview, you would have 4.2 years left on the H-1B visa if your count of 1.8 years is correct. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

In your case, unlawful presence only begins 180 days after the I-539 application is denied, assuming that the I-539 was timely filed. If not timely filed, unlawful presence would begin 180 days after the date that you fell out of status. 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

Applying for citizenship does not mean that your child can automatically attain a citizenship certificate as soon as you obtain yours although he may be able to apply for and obtain a US passport. For a certificate, USCIS requires such children to file form N-600 Application for Certificate of Citizenship after you obtain your citizenship, which is a drawn-out process. If you are concerned about obtaining a certificate for your son, it might be faster for him to file his own N-400 naturalization application as soon as he turns 18 rather than filing an N-600. 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

Fast tracking is very difficult to do in light of USCIS 's stringent requirements for expediting. You can track I-130 processing times by accessing the published processing times of USCIS and the online status system of the agency. Both can be accessed from the agency directly or through our website homepage at www.alanleelaw.com. If you filed the petition online instead of paper filing it, you can access your online account and go to the myProgress tab, which gives you a more personalized experience with tracking your I-130 petition. Please note that if you are sponsoring both of your parents, you need separate I-130 petitions. 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 general rule is that if a foreign national enters the United States on a temporary visa and marries a US citizen within 90 days of arrival, there is a presumption that the immigrant concealed his intent upon entry. You could always get married before the 90 days, but your petition for a green card will receive stricter scrutiny. I suggest that you work with counsel to handle your case from start to finish so that the process goes smoothly. Some of us charge a reasonable flat fee to handle the case from start to finish with no hidden costs.      ... Read Answer

The I-765 employment authorization application is an ancillary application to the I-485 in your situation. It cannot be based upon the I-130 filing. If and when you file the I-485 application, you can file the I-765 EAD application at the same time. For your information, if you are otherwise eligible to adjust status, you can file the I-485 during the time that the I-130 petition is pending. 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

USCIS will allow a change of name on its forms where there is a marriage and the marriage certificate is provided. If you are using the new name, you should sign with your new name. You can put your married name on the first page and your maiden name on the second page under "Other Names Used". The rest of the process should be the same as your other DACA renewals. 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 established eligibility for a new EAD, you would normally be able to apply and receive the new EAD. I note that your fact situation is lacking in detail, and so the answer provided is one given for cases in normal situations. 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

To expedite an immigration petition or application is very difficult and the reasons do not include escaping the slow line of adjudications. To your other questions, USCIS decides the venue of the office that will adjudicate the I-130 petition. You cannot pick to have it transferred to the USCIS field office in Helena. What you can do, however, if your husband is not subject to a two-year home residence requirement by virtue of his J exchange visitor visa or inadmissible for any other reason, is to file the I-485 application at this time. By doing it in this way, your husband may be able to have the I-130 consolidated with the I-485 and either have the interview waived or have it held in Helena, if that is your 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

As you probably know, you can only a form I-485 adjustment of status application if your priority date is current. For you to legally file such adjustment, your priority date on the F-3 petition would have to be before March 1, 2010 unless you are from Mexico or the Philippines, in which case it is a much longer wait. Assuming that you are able to file for the adjustment of status, you can also file for an I-765 application for employment authorization as that is an ancillary application to which adjustment of status filers are eligible. You would also be eligible to file for I-131 advance parole to leave the US temporarily during the time that the adjustment of status application is pending. 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 wife will be able to come to the US on her present B1/B2 visa during the time that her green card application is pending depends upon whether she is able to convince Customs and Border Protection (CBP) officers at the airport or the port of entry of her intention to only stay in the US for a short period of time and then return to the home country. Having an I-130 petition marked for consular processing overseas is helpful. The temporary visit should not be with the intent to cover most of the waiting time and only have your wife return for a consular interview. 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

More than likely, you will not have a problem coming back to the US. The fact that you have not been convicted or pleaded guilty to the charge is in your favor. You should be aware, however, of something called prudential revocation of a visa in which the American consulate or embassy overseas hears about your arrest and revokes the visa. If you are outside the country when that is done, you will lose your ability to return on that particular 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

You can find lawyers through your Bar Association, newspaper advertisements, television, the Internet, the Martindale Hubbell list of attorneys, list of Superlawyers, and for immigration attorneys, nationality newspapers and the American Immigration Lawyers Association, 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

Prior to 2015, changes of location for H-1B holders were not important. That changed with Matter of Simeio Solutions LLC, a decision in which the Administrative Appeals Office (AAO) of USCIS upheld the revocation of a petitioner’s H-1B petition due to changes in the beneficiary’s places of employment, which were not communicated to USCIS. In your case, your transferring from New York City to Philadelphia is not within the same metropolitan statistical zone, and so your employer will have to file a H-1B amendment with USCIS to allow you to legally work in that location. The amendment requires the submission of a new I-129 with documentation and new labor condition application (LCA). 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 you have been outside the United States for 12 years and the green card only allows you to be outside the US for less than one year, it is highly doubtful that you will be allowed entry is a returning resident. I suggest that you think about other options by which you can immigrate to the US without relying on your prior green card status. 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 quite sure of the tenor of your question. A B-1 visa is for a person coming to the US for business purposes. Such entry is not for work, and you cannot apply for an employment authorization document (EAD) based upon a B-1 visa. If you enter under refugee status, you are allowed employment authorization upon being admitted to the US and having the EAD submitted and approved. The current processing time is approximately 4.5 months. If you are applying for asylum, you need to wait 150 days after the application is filed before filing an EAD application. Current processing time is approximately 30 days for initial applications according to USCIS published processing times. 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

To gain an exemption from being able to read or write any language, an applicant must have a medical disability. Then an N-400 naturalization application can be submitted with form N-648 Medical Certification for Disability Exceptions. The medical disability would have to be certified by a doctor of medicine, doctor of osteopathy, or clinical psychologist who would have to provide diagnosis and prognosis of the applicant. The medical professional would explain the nature of the disability; that it is not related to drugs or alcohol; how it impairs the ability to read and write; and whether the condition is temporary or will continue. 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 you will be able to secure an EAD under compelling circumstances if your condition is verified by a medical professional. If you are not aware, you should know that this type of relief does not keep you in valid nonimmigrant status, and you would most likely have to consular process your NIW application when the priority date is current as your having no valid nonimmigrant status may well prevent you from adjusting status in the US. You say that your partner is on an F-1 visa and that your understanding is that you cannot apply for F-2, but there may be a possibility that you can do such since you have not filed for the I-485 application at this time. It will be up to USCIS as to whether to approve the change of status. Kindly note that you can only apply for F-2 status if you are legally married to the F-1 holder. 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 reading your fact situation, it does not appear that you have violated status at any time and that you actually made trips back to the home country during the time that you have been holding F-1 status. You appear to have a position, teaching in the Dallas ISD, that would not generally be subject to question by the US Consulate. As such, barring any unknowns, I would assess your chances of obtaining a visa to reenter the US under H-1B status to be as good as or better than other applicants. 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 can sponsor his father for a green card as long as the father entered the United States with permission. This is despite the fact that the father is out of status. You file the I 130 together with the I 485 and the I 765 and you can get a work permit for Dad pending the adjustment of status interview. However, here in Florida the i 765 is taking about 9 to 12 months to process. Often times, the green card is issued before the I 765. So it would make more sense just to file the 485 now with the 765.   ... Read Answer

As you are renewing your visa, you should be able to renew without your spouse being present as the American consulate has already granted F-1 and F-2 visas to your spouse and you previously. You are of course subject to all other considerations of nonimmigrant visa renewal including showing that you and your spouse have been maintaining valid F-1/F-2 statuses in the States. On the possibility of renewing the F-2 visa in the US, the current immigration law does not provide for that convenience although such may happen in the future. 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 a US citizen, you cannot directly apply for your mother-in-law’s B-2 visa as that is an application made by her personally. However, you can supply her with a support letter addressed to the American consulate or embassy guaranteeing her financial support while she is here and that she will return to the home country at the end of her period of visit. You can fill out an I-134 affidavit in support and include such as your job letter, bank letter, and tax return. 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 EB-2 NIW case, USCIS may consider whether the applicant will be working in the field of national interest. If it becomes apparent prior to the approval of permanent residence that the applicant will not, that is grounds for USCIS to send a notice of intent to revoke the I-140 petition or to deny the adjustment of status or immigrant visa. If you have already attained your permanent residence, USCIS would probably not know about your change of field unless someone notifies the agency or it is disclosed if and when you apply for naturalization. Time may also play a hand in this if you have already attained permanent resident status and worked in the field of national interest for a period of time, e.g. six months after the grant. In such case, you would likely be seen to have shown the requisite intent to work in your field at the time you received your resident status. 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