Immigration Legal Questions

Probably not. USCIS allows applicants and petitioners to file with copies of documents, so when it asks for the originals, that is because it wants them. If your originals are not available, you may try to give an explanatory letter as to why they are not, and provide whatever alternative documentation that you believe covers the same information as in the requested documents. 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 may look into the Violence against Women Act (VAWA) to see if you qualify in the event that your circumstances become so intolerable that you cannot wait for the interview or your husband will not support your case for the green card to maintain a hold over you. USCIS has the following on eligibility on its website: You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty); You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and You are a person of good moral character. If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws. If you decide to move forward, you would either file form I-360 with all your evidence alone or concurrently with an I-485 application to USCIS’s Vermont service center at: USCIS Vermont Service Center 38 River Road Essex Junction, VT 05479-0001 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 your mother entered under an immigrant visa that allows dependents and you are under the age of 21, you could quite possibly file an I-485 application under the follow to join category and forgo filing the I-130 petition. Alternatively, you can concurrently file I-130 and I-485 as long as you are maintaining legal status and are under the age of 21. I note that if you are over the age of 21, you may still be able to file the I-485 application if your mother entered under an immigrant visa petition allowing for dependents and you can still be classified as a child under the Child Status Protection Act.  If you are able to file the I-485 application, you are eligible for a work permit and can file the I-765 request for such concurrently. 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 aware of any rule in California or anywhere that disallows name changes with naturalization. You should note, however, that name changes cannot be made unless the naturalization oath ceremony is conducted before a state court. If the oath ceremony is to be conducted with USCIS, no name change is possible. Many individuals opt to go with a USCIS ceremony as those can be scheduled in most cases much more rapidly than in the courts. 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 Department of Homeland Security draws data from many sources, and I cannot tell you whether your applying for a cannabis card would show up on any of the databases. However, removability depends upon a proven or admitted violation of the law, not an application. For example, just because an individual applies for a driver’s license does not mean that he or she will wind up driving. Some just like to have a driver’s license for identity purposes. 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 is possible, but odds are not in your favor, and the decision on whether to issue F-1 visas would be in the discretion of the consular officer. There is a presumption that the daughters are intending to immigrate, and that is a significant blockage to approval of such visas, especially as the length of time required for them to immigrate is not long as, for example, in the case of sibling petitions where the waiting time is approximately 15 years and consular officers are generally willing to give nonimmigrant visas during the pendency of the cases. Good luck if you decide to move forward! 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

Typically, jurisdiction will not lie for a divorce action unless one or both of the parties have resided in that state for six months. You should contact an attorney in your previous state about the possibility of commencing action there presently. It would depend on the law of that jurisdiction. As far as your immigration case, if it's still pending adjustment of status, you should contact Uscis and tell them that you are canceling your sponsorship. If your husband already has his green card, then if he has a two-year card, there will be a second interview, but if he has a 10 year card then it's going to be very difficult to revoke that based upon your allegations of marriage fraud. ... Read Answer

Are you a US Citizen? It appears that she was probably approved but that she has to file a waiver. In order to approve a waiver application, you have to prove that you (not she) would suffer "extreme hardship" if she was not granted a green card. You should retain an attorney to represent you in the matter.      ... Read Answer

OK so if you look at the visa bulletin board at the department of state website, your priority date should be current. A person who entered the country with permission and married a green card holder can file an adjustment of status as of December of this year, and apply for a green card. The fact that you entered with a student visa but never attended college as you were supposed to could be a ground for immigration fraud which would then require you to file a waiver of inadmissibility. You would need to discuss your case with an attorney to determine the circumstances surrounding your marriage. Were you married within 90 days of your entry? Did you even attend one class? Did you register for class? These and other questions would need to be discussed. This is a process that you should not handle yourself, as any minor mistake or discrepancies would result in significant delays or an outright denial.         ... Read Answer

It takes about 13 years before a visa becomes available for a sibling to sibling petition. And even when it becomes available, in order to adjust status to get a green card you have to be "in status", which means you have to have NO unlawful presence during the 13 year waiting period in the United States. If you arrived on the visa waiver program, and you overstay the 90 day period, then your visa waiver privledge will be permanently revoked.          ... Read Answer

It appears that you have the necessary residence in the US (five years with at least two of which were after the age of 14) to transmit US citizenship to your legitimate children. You should make an application to the consulate or embassy on form DS-2029 Application for Consular Report of Birth Abroad of a US citizen child. For your wife, you would have to file an I-130 relative petition for her, have that approved, and she would ultimately interview for an immigrant visa at the American consulate or embassy having jurisdiction in the home country to issue immigrant visas. 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

At the very least, a H-1B transfer to another employer if approvable can be approved up to the end of June 2026 if the employer agrees to sponsor up to that period of time. H-1B visa status is generally good for a maximum of six years. You can probably get the entire three years by showing that you have a valid I-140 petition approval which has not been revoked and in which the priority date has not long passed your country’s availability date. If not through that method, you can also get the full three years by showing that you were out of the US for the period of time that you mentioned since time spent outside the United States while under H-1B visa status can be recaptured. 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 question for an immigration inspector is whether your mother-in-law is able to show that her stay is temporary as she is here under a visitor visa. Trying to make a quick return to the US after being here for six months might cause a problem at the port of entry. After leaving the US, a visitor should stay outside the US for an appreciable period of time before returning. Your mother-in-law may in the alternative file for an extension of stay with USCIS. 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 obtain a replacement birth certificate by going online at https://www.health.ny.gov/vital_records/birth.htm (all instructions are given there) or printing a form from that same website, filling it out, and mailing it with the applicable fee to: New York State Department of HealthVital Records Certification UnitP.O. Box 2602Albany, NY 12220-2602 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 difficulty with your daughter’s situation is that her nonimmigrant status ended when yours did since she was only a dependent. Adjustment of status under family cases except for immediate relatives (parents, spouses, and unmarried children under the age of 21 of US citizens) requires the maintenance of status until the filing of the I-485 application. An alternative to appeal or motion is to file an I-130 petition and have your daughter consular process overseas for the immigrant visa. Kindly note that the 3/10 year bars do not apply to children under the age of 18. If your daughter was already 18 by the date of the USCIS denial, the 3/10 year bars only begin to apply if your daughter remains in the US for over 180 days thereafter. The difficulty with appeals and motions is that many are not resolved within 180 days, and if you and your daughter are in this situation, that leaves you and your daughter with a difficult choice of either leaving before the resolution of the appeal or motion or chancing the three-year bar being imposed if the appeal or motion is lost and the 180 days is over. 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 are unfortunately stuck in the same situation with many people who see their cases being held up while others in similar situations are being approved. You have noted the further problem that the date for launching an inquiry with USCIS keeps moving forward. There is no harm to your case by putting in an inquiry at this time although it may not help if USCIS says that the time for inquiry is not now. If it makes you feel better, you can do it and hopefully it will help. 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 only time that a US citizen spouse is disqualified from sponsoring a foreign national spouse is if the US citizen spouse has a criminal conviction for violations under the Adam Walsh Act. Basically, if she has committed any sexual offenses against minors (ie children), then she would be prohibited from sponsoring you.... Read Answer

As USCIS sent you the approval notice after the time has expired of your request to stay, USCIS expects that you will leave as soon as possible. There is no grace period of time. However, no one will be coming to chase you out of the country. You should also have no problems leaving the country. The principal thing to watch out for is the unlawful presence bar under which a person who stays in the US for more than 180 days after date of expiration is generally barred from returning for three years. Applicants for timely extensions are allowed to wait in the US until the time of their adjudications, which in your case was up until October 17. October 18 would begin the counting as day 1 of the 180 days. 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 son or daughter over the age of 21 sponsoring your mother for resident status as an immediate relative, your marital status has no effect upon the timing of your mother’s residence application. Please feel free to marry. 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 extend a B-2 stay in the US, you would file Form I-539 Application to Extend/Change Nonimmigrant Status at the appropriate USCIS service center with filing fee of $455 prior to the expiration of your present allowed stay. Your fact situation does not contain enough information to assess how you may be eligible to work in the US. I suggest that you make an appointment with an immigration lawyer who can go over your possible options for employment. 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 immigration rules, the job that sponsored you under H-2B visa status cannot sponsor for permanent residence since it assured USCIS that the job position itself was temporary. However, there may be other ways for you to immigrate.  You may wish to make an appointment with an immigration lawyer to discuss possible options. 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, attorneys do not obtain documents for their clients – that is usually the responsibility of the client. I do not know your arrangement with your attorney, and if that service is included, but if not and you wish him or her to assist on that, you might make an arrangement to pay for assistance with the police certificate. Just so that you are aware, a police certificate from El Salvador can be obtained without your husband going to El Salvador. The Foreign Affairs Manual directs your husband how to obtain a police certificate if outside the country: If the applicant is outside El Salvador applicant has two options: a - Police certificate can be requested by a Salvadoran Consulate, the applicant must provide Original Documento Unico de Identidad or passport and 2 passport size photographs. This process usually takes between 3 to 4 months for the applicant to receive the certificate in the United States. The applicant must be 18 years or older to receive a police certificate.  b - A power of attorney issue by a Salvadoran consulate or a Salvadoran notary will be needed, the applicant will have to submit a request to the closest Salvadoran consulate to take their fingerprints. Applicant will send to El Salvador via physical correspondence: the power of attorney, fingerprints taken at Salvadoran consulate and 2 passport size photographs. The applicant must be 18 years or older to receive a police certificate Good luck! 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 first place you need to understand that one thing is the expiration of your visa and another is your authorization to stay in the US. Usually B1/B2 holders receive a 6 months authorization. Additionally, you would need an employer sponsor. H1B visas are subject to a lottery. Finally, there maybe other options like doing some study first. ... Read Answer