Immigration Legal Questions

If there was nothing more than an overstay on the F-1 visa status and USCIS did not give you a denial or revocation of that or a further status, and you were never the subject of removal proceedings in which you received an unfavorable decision of the immigration court, you would not be subject to the 10 year bar for overstay. Under those circumstances, you might be able to travel overseas and return with a nonimmigrant or immigrant visa. I note that an American consular officer may be reluctant to give you a nonimmigrant visa based on discretion like B-1/B-2 visitor or F-1 student. Because you are no longer legal in the United States, you would not be allowed to regain valid nonimmigrant status except to leave and return. You would generally also not be allowed to adjust status to permanent residence here unless you married a US citizen or had a USC child over the age of 21 sponsor you or you are the beneficiary of §245(i) which allows adjustment to undocumented immigrants who have a basis for such and had a labor certification or immigrant petition filed on their behalf by April 30, 2001, and last entered the US by December 21, 2000. 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

Wages for H-1B specialized occupation jobs and their acceptability to USCIS depend upon whether the sponsoring organization is able to meet prevailing wage standards as determined by the Department of Labor in the labor condition application (LCA) which is a prerequisite to the filing of the H-1B petition. I doubt that USCIS is very vested in the fluctuations of what an organization decides to pay H-1B workers within a range of wages which are all above the prevailing wage. The thing to watch out for is that the company does not reach far out for a low-wage standard in an occupation which may not fit what you are actually doing and chance receiving an RFE or denial from USCIS because of the overreach. 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

One of two general rules is that an individual must be able to show that he or she is maintaining legal nonimmigrant status for at least 30 days prior to the program start date on the I-20 form. In your case, your fact situation says that your EAD ends on 7/14/23. F-1 status includes the period of time on OPT plus the 60 day grace period thereafter. That would take you into September, and your schooling starts in September. With such a timeframe, you should be able to finish your OPT and move smoothly into your next program. As this rule applies, there is no need to cite a second rule. As to whether there are restrictions by the school, that would be between you and the institution. 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 marriage legally contracted in Pakistan will generally be recognized as a legal marriage in the United States. To get out of the marriage, your son could initiate divorce proceedings. Even without a divorce, a petitioner has the right under US immigration laws to stop the immigration process for anyone that he or she is petitioning for. If your son wishes to do so, he can notify USCIS that he wishes to withdraw the petition (if the petition is still with that agency) or National Visa Center (if the petition has already been approved by USCIS and is at the NVC) or the consulate in Pakistan (if the case has moved through the NVC and been transferred to the 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

The beneficiary of the K-1 visa petition can notify the USCIS Service Center that he or she no longer wishes to be petitioned for stating the reasons for doing so if he or she has the appropriate information concerning service center and receipt number of the petition. Your daughter can also do the same with the American consulate or embassy if the petition has already been approved and is sitting at the consulate or embassy. Please note that USCIS and the US consulates consider marriage based cases very seriously and that your daughter in the future will likely be asked to prove the bona fides of the K-1 relationship when she applies for any future US nonimmigrant or 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

I do not quite understand your stating that you were on a temporary work permit in 2015 through migration. F-1 student status would not bar you from returning to the US as long as you did not receive revocation or denial of such status or were not the subject of removal proceedings with unfavorable results. But if you changed to some other nonimmigrant status or attempted to obtain an extension or change that was denied, you would likely be subject to the 3/10 year bars for having overstayed in the US. If your overstay was over 180 days, you would be subject to a three year bar on entry. If the overstay was one year or more, you would incur a 10 year bar. You may be able to obtain a waiver for nonimmigrant purposes, but for that to occur, you would have to apply for a visa, have it denied, have the consulate agree to recommend a waiver, and have the Admissibility Review Office in the US approve it before you could return. In the event that you are not barred, you would have to apply for and receive a F-1 visa from the American consulate or embassy. The issuance of such is within the discretion of a consular officer who will have to consider the effect of your previous day on the question of your ability to demonstrate nonimmigrant intent, which is necessary for the approval of a F-1 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 easiest way to check if one knows the “A” or alien registration number of the individual is to call the immigration court line at 1-800-898-7180. After moving through the prompts, the automated system will inform you whether there is information on the individual or not. If no information, that usually means that the person does not have a case involving removability in the immigration courts. If the individual has an upcoming court date, it will give the date and place of hearing. If there has been a disposition, it will so state and with another prompt say whether there have been any further administrative appeals or motions along with their dispositions or whether they are still 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

As you are applying for your mother as an immediate relative of a US citizen, a category that does not allow dependents, you must file for your mother first, and once she comes to the States, she can file for your brother. 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 are over the age of 21, you would not be able to have a concurrent filing of the I-130/I485 applications as the I-485 Adjustment of Status to Permanent Residence Application can only be filed where there is visa availability. For the month of February 2023, USCIS is accepting the Department of State’s dates of filing visa chart which will allow adjustment of status applications to be filed under the F-2B category for individuals in most of the world except natives of Mexico and the Philippines for whom I-130 petitions were filed prior to January 1, 2017. Without the ability to file the I-485 application, you would not be allowed an employment authorization based upon your mother’s petition as such work privilege is ancillary to the I-485 application. 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 have a very general question that cannot be answered without knowing your particular situation. You should seek consultation with an immigration lawyer. 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 definitely apply only for your father and not for your stepmother as you are petitioning under the immediate relative category, which does not allow dependents. For you to petition for your stepmother, you would have to file a separate petition. That being said, once your father immigrates to the US, he can file a separate petition under the F-2A category for spouses and unmarried children under the age of 21 of permanent residents and have his wife join him later in this 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

As you are applying for your mother as an immediate relative of a US citizen, a category that does not allow dependents, you must file for your mother first, and once she comes to the States, she can file for your sister. 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 what immigration status you are holding whether you can obtain a Social Security card. The usual route for someone who is not holding permanent residence or a nonimmigrant status automatically giving work privileges is to apply for and obtain an employment authorization document (EAD) from USCIS through the filing of form I-765 Application for Employment Authorization. That of course is based upon whether you can qualify under any of the categories. With an EAD, you would be able to request the Social Security Administration for a Social Security card. If unable to qualify, and if you do not have a taxpayer identification number already which allows you to pay taxes but does not give work authorization, you can apply for such with the IRS. Instructions on how to apply are on the IRS website at https://www.irs.gov/individuals/how-do-i-apply-for-an-itin. 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 are adjusting to permanent residence in the US, a current passport is generally not required. However, if you will be undergoing processing for such at an American consulate or embassy, an unexpired passport is required. 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

Even if you gained your lawful permanent residence status to a prior marriage, you are eligible to file a new immigrant petition on behalf of your new spouse. However, an immigration officer may scrutinize the application at the interview to ensure that you were in a good faith relationship with your prevuious husband. If the officer is satisfied that everything is in order, the officer should make a favorable decision. I do suggest that you contact a lawyer to be fully informed prior to proceeding.... Read Answer

Your mother may apply for Social Security Income as a noncitizen. Whether she will get the benefit will be up to the Social Security Administration. However, she should apply as soon as possible. The forms are available on the SSA website and she can apply online. You will find more information at this link: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ssa.gov/pubs/EN-05-11051.pdf... Read Answer

Unfortunately USCIS does not give employment authorizations for individuals attempting to change status from visitor to F-1 student. For that matter, it does not give automatic employment authorization to those who successfully change to F-1 student. Such successful applicants are allowed to work part-time on campus, but outside only with the approval of the educational institution under curriculum practical training or with USCIS permission for optional practical training or if there are severe economic hardship conditions which have occurred after one academic year of schooling or if there are emergent circumstances which are generally defined by USCIS as world events that affect a specific group of F-1 students and which causes them to suffer severe economic hardship, including, but not limited to natural disasters, wars and military conflicts, national or international financial crises. 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

Without the help of your husband’s documents, it is difficult to see how USCIS could approve a change of status application from H-4 to F-1. For a change of status in the US, USCIS must see that both you and your husband are maintaining legal nonimmigrant status – especially focused on your husband since he is the principal of the H-1B/H-4 statuses. You would need a copy of his H-1B approval and proof of recent pay from the H-1B employer to show that he is maintaining his 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

Under the Child Status Protection Act (CSPA), the children are given a credit of five years to their age being under 21 due to the visa petition pendency of five years. It is more than likely that the children will not be able to emigrate with the parents as the counting time of the children’s ages will only stop when the priority date becomes current. Currently the sibling category final action date on the January visa chart is only available to those filing petitions prior to September 15, 2005, for India born. On the question of when you can expect a visa center letter for further processing, that will usually not come until the priority date is close to becoming current for visa availability. 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

Applicants for adjustment of status like your parents are only allowed to travel without disturbing the I-485 applications if they obtain advance parole. Unless the reason for their travel is emergent, they will not be able to receive advance parole approval in the short period of time before their contemplated travel. If the need is nonemergent, I suggest that they have a backup plan for travel later in the year. USCIS has been improving its times on most advance parole applications, but there are still many languishing for over six months. Hope that helps. 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