Immigration Legal Questions

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

Assuming that the I-140 petition was not timely revoked by the petitioning company and it is not later automatically revoked by visa availability having been reached, you should not have to go through the H-1B selection process again if you decide to rejoin your company or to move on to another company under a new H-1B petition. The company that you approach should be able to file another H-1B extension petition based upon your approved I-140. 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

Dependent upon how observant the adjudicating immigration officer may be, he or she may consider what effect (if any) the child would have on your VAWA case, and also why you would have failed to mention a child in your I-485 application. For any concerns, an immigration officer can issue a Request for Evidence (RFE) or other inquiry giving you an opportunity to respond. I cannot tell you what the potential consequences could be in your case as I am not aware of your particular facts. 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 no maximum time limit for traveling outside the US when holding H-1B status, but you should be able to convince Customs and Border inspection that you still have a bona fide H-1B job in the US. A job letter confirming your continuing employment may help. I note that we have had H-1B clients who traveled outside the US for longer periods than you are contemplating and returned without incident. 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 can apply for you to obtain the green card, but the timing and steps involved will depend upon how you came into the United States and how old you are at present. If under the age of 21 and entered the US with a nonimmigrant visa or parole, you may be immediately eligible for adjustment of status in the US. If between ages 18-21 and you entered without inspection, you might be eligible for the I-601A program under which your mother would petition for you on form I-130 Petition for Alien Relative, and after approval, you would apply for an I-601A waiver application to forgive the unlawful presence in the US, and upon approval, travel back to the home country for an immigrant visa interview and if successful, return to the US. This would take approximately 3-4 years given the present backlogs although it could be sooner as USCIS is establishing a new virtual service center, HART, which will concentrate on certain applications, among which is the I-601A. If over the age of 21 by the time that your mother files for you, you would fall into another category, F-1 adult son of a US citizen, and the timing would be approximately 7-8 years. If you have left or will leave the US before reaching the age of 18, you would not have to do an I-601A waiver if you entered without inspection, and your mother could simply file the I-130 petition and upon its approval, you could consular process your case at the American Consulate in your home country, and that situation would take approximately 1 ½-2 years dependent upon the speed of processing at USCIS and the American Consulate. 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 wife’s case is undoubtedly under administrative review, where reviews can be short or long. It appears that you have done just about everything that you can. You can either continue to wait and do what you have been doing or engage an attorney to file a lawsuit against the Department of State which may or may not be successful in getting the post in Pakistan to make an adjudication. 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 suggest that you obtain a complete copy of his immigration file in order that an immigration attorney can determine the complexities of your husband’s case. Your husband or his representative can obtain a copy through the Freedom of Information Act. 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 are not involved in family law, but the determining factor in divorce actions and custody is generally what is in the best interest of the child. Your being the principal visa holder could be a factor in that consideration. 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 can file for a nonimmigrant visa during the time that you have filed an immigrant visa petition on her behalf. The decision of whether to approve the nonimmigrant visa will be up to the American consular officer in a determination of whether he or she is convinced that your mother will return to the home country after the brief period of visit. She must put down on the DS-160 application form that you are in the United States and that she has had an immigrant visa petition filed on her behalf. 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

Being denied under INA §217 means that she is not allowed to come in with visaless travel. She should make an application with the American consulate or embassy for a visitor or other appropriate visa to the US and be prepared to explain and overcome the basis for the refusal by CBP to allow her entry. 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

Thank you for your questions. 1.) Whether your mother will be able to obtain another visa without interview will be up to the consular officer. Your mother would first submit the DS-160 visa application form, and then log into the online application system, create a profile to pay the visa application fee, and upon choosing “Schedule Appointment”, she would answer interview waiver questions to evaluate her eligibility to apply for a visa without the interview. I note that a requirement is that your mother is applying in her country of nationality or residence, one of which is assumedly Vietnam 2.) When you ask whether there is any negative impact on her application, I assume that you are asking whether applying for a waiver of interview will have a negative impact, and I do not see why it should – if the waiver of interview is not granted, your mother will simply go to the scheduled interview. 3.) Technically, your mother is considered an overstay since she was only authorized to remain in the US until September 2020 and the extension application was not approved. That being the case, she can put down an explanation for the question of whether she has “ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of the US visa.” Her situation of overstaying during the pandemic has been fairly common and known to most consular officers. 4.) Generally speaking, Customs and Border Protection officers will assume that your mother was cleared by the State Department for a new visa. In addition, she can bring her documentation with her to explain her past situation of having to remain in the US. Finally, a trip to the US by a B-2 holder who has not been in the US for over two years would not usually raise the antennae of most inspectors, especially if the individual attempted to maintain status during all that previous stay. 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 marry a US citizen, there is no bar to adjustment of status for overstay. We have successfully adjusted to permanent residence those marrying US citizens who were overstays in the country for years. The main concern is whether the marriage is bona fide. If you are lucky enough to find a position in which you can be sponsored to remain in the US prior to your divorce becoming final, you can apply for a change of status to the eligible category. If you have sufficient means or a financial sponsor, you may decide to attend schooling in the US under a F-1 change of status. You may also check periodically to see whether nationals or residents of your country are eligible for beneficial programs of the US government, such as Temporary Protected Status (TPS) or Deferred Departure. 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

Given the instructions, it appears that you should put down Soviet Union. I believe that most if not all USCIS personnel would not hold it against someone putting down Russia as opposed to the Soviet Union on a green card application. Putting down one or the other would in no way comprise a ground of misrepresentation. 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

This is generally what we call a prudential revocation that takes effect when you leave the US. Going to school or not going to school will have little effect upon the adjustment of status application filed by a US citizen for spouse although going to school may be considered a favorable factor in showing that you are still trying to maintain the nonimmigrant status under which you came to the US. Of more concern to an immigration officer may be your arrest for domestic violence. He or she may be interested in knowing more details about the incident. You may wish to discuss this with your legal representative prior to any interview with USCIS that you may have. 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 TN professional list and H-1B specialty occupation both contemplate dentists, not dental assistants. Besides, even if your wife did qualify as a dentist for H-1B sponsorship, she would need a cap H-1B, and those are regulated by number. Employers and their candidates have to go through a selection process in order to even be able to submit petitions, and the time for selection this year just ended on March 17, 2023. It may be possible for the practice to sponsor her for a PERM labor certification and green card, which does not need any of the above – but in which the employer will have to go through a time of recruitment of US workers to show that your wife is not taking away a job that an able, willing, qualified and available US worker wants.  Please note that applying for PERM does not allow her to stay in the US during most of the process and she will have to keep maintaining a legal non-immigrant 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

Generally speaking, a F-2A application of green card holder for spouse will likely take about 2-3 years if the beneficiary is born in any country other than Mexico (which will take longer). That category just backlogged on the visa chart for April 2023 from being current to being available for final immigration only to those who filed I-130 petitions prior to September 8, 2020. I note that it is possible that the F-2A category can rebound to a more current date in the near future, but that is uncertain. 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

It depends upon the purpose of the translation and to whom it will be presented as to whether you are able to have the Lebanese birth certificate translated into Italian and legalized without going to Lebanon. You would have to check the rules of the party to which you wish to have it presented as to what it will accept. Many translation agencies in the US are able to translate Arabic to Italian and to attest before a notary public that the translation is a true translation. Will the party to which you will present the document accept that, or does it insist that the translation be done by or certified by Lebanese government officials? You may wish to check the rules of the receiving party if you have not already done 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

Whether your arrest by Immigration agents 32 years ago will affect an immediate relative petition for you may depend upon the relevance of your being in the US at the time, and any further actions taken by Immigration and you following your arrest. Generally, anyone who is arrested by Immigration has an “A” file. If you are truly worried and know the A number, you can request a copy of your file under the Freedom of Information Act. If you do not know the "A" number, you can still request your file, but USCIS may be unable to locate it. Fingerprints stay in the system for a long time, and I recall once where an ICE attorney waltzed into court one morning on a case in which we had already had multiple hearings and held up another “A” file containing derogatory information on the client from 10 years ago. 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

Jurisdictionally, your case is with the immigration court, and not with USCIS. Therefore, you will not be able to be a part of your mother’s case with USCIS unless your case is terminated or remanded by the court to USCIS. You can go to the interview with your mother, but the USCIS officer will likely tell you that he or she can do nothing with your case as long as it is within the jurisdiction of the court. Assuming that you have a legal representative, that individual could then speak with ICE attorneys to see whether they would be willing to join in a motion to have your case taken out of the immigration court. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

As you know, you can apply for your mom and dad (I will assume that you were not adopted by someone else and that these are your natural parents). For your stepmother, you can apply directly for her as long as your father married your stepmother before you turned the age of 18. If not, you can petition for your father, and he can then petition for your stepmother when he becomes a permanent resident. 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