Immigration Legal Questions

USCIS does not at this time request H-1B applicants to undergo fingerprinting or answer questions concerning crime on the petition forms and so there is a good chance that the shoplifting charge will have no effect upon your eligibility for the H-1B if you will be applying for a change of status. I note, however, that if you go outside the US for a visa from an American consular post, you will have to disclose whether you have ever been arrested and undergo fingerprinting. At such time, the shoplifting case may be a subject of discussion with the consular officer. Generally speaking, shoplifting such a small amount would not be a ground of inadmissibility, but note that all nonimmigrant visas have a measure of discretion in whether they are issued or not and consular officers have been known to delay adjudications for a long time where crimes are involved. 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 policy is that there is no allowance of transferring the I-485 to another petition where the underlying petition has been denied. Unless the agency makes a mistake, the I-485 would be denied and you would have to file another if you are still eligible to do so. If you can, you may wish to be proactive and file another I-485 rather than waiting for the result of the earlier filed adjustment of status 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

A timely request for change of status allows an individual to remain in the US until the time that it is adjudicated. Technically, you are not in legal nonimmigrant status unless the change of status application is approved. However, you would not begin to accrue unlawful presence until 180 days after the change of status application is denied. Hopefully, this will assist you in planning your future immigration steps. 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 see a problem with different employers filing two different H-1B transfer petitions at the same time with the same job code. This is not the case of an applicant attempting to circumvent the rules for H-1B registrations for initial H-1B visa status under which duplicate registrations associated with the same employer are not allowed. I assume that if both petitions are approved, you would take the job that best suits your wishes for future success. One thing that you should watch out for is the last action rule under which a later approved petition is the one which is valid for the extended-stay in the US. If the first approved petition is the one that you want, you should have the employer withdraw the second pending petition. Otherwise, you might have to take a trip outside the United States and return showing the wished for H-1B approval sheet to immigration inspectors. Under that circumstance, if you do not already have an H-1B stamp in your passport, you may have to go through the visa stamping process at the consulate before returning. 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

A US citizen can sponsor a foreign national for a K visa, provided that they have met physically within the last two years prior to filing the application. The meeting can take place anywhere in the world. You should retain counsel to handle the case from start to finish so that all goes well.    ... Read Answer

Their is no "friend" visa category that you can sponsor him under. He can be sponsored by a US citizen fiancé, or he can get married to a US citizen or green card holder and be sponsored under those conditions. If he has a job offer, then his employer can sponsor him. There are other ways through investment visas etc, but those are restricted based on whether the country that he is residing in his part of the treaty. ... Read Answer

I typically advise client’s not to leave the country while their adjustment of status application is pending. However, I recognize that family emergencies can happen, so not departing the country might not be an acceptable option.  Yes, you are allowed to travel with your advance parole document.  That being said, I recommend you talk to an immigration attorney to identify any issues that might make traveling outside the country ill-advised. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

It is possible to bring your husband to the US to complete the Green Card process. The form required is Form I-129F, Petition for Alien Fiancé(e). This form, in addition, to applying for a Fiancé K-1 visa, is used to apply for a K-3 visa for a spouse. However, I am not sure if the I-129F might be any faster than your I-130, especially since your I-130 is already at NVC and being actively processed. That is, there is a potential that you might spend the time, money, and energy and end up not benefiting from this application. That being said, the I-129F is an option that I recommend discussing with your immigration attorney. As for your husband’s visitor extension, unfortunately, it’s not possible. I am assuming he is entering the visa waiver program, which has strict rules related to that program. Alternatively, your husband can apply for a B-2 visitor visa. The typical I-94 time frame for that visa is six months. Also, B-2 visa visitors can extend their visit for six months. That should give him a year in the US.     I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

Assuming you are US Citizen or Green Card holder, your fiance shouldn’t have a problem adjusting her status to that of a Green Card Holder, even if her F-1 visa is revoked. However, if you are not a US Citizen, it would be best to talk to an immigration attorney before withdrawing.   Alternatively, she should look into taking some time off (leave of absence) from school or transferring to a school in your new location, which should help preserve her status as an F-1 visa holder.    I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

 Did you confirm that the divorce decree is correct according to Ghana law? I have had clients who presented documents not issued by the appropriate authorities. They were either unaware of the issue or didn’t want to deal with the hassle of getting the correct record. I know it can be a real hassle, but you have no choice. Additionally, having him overstay his I-94 is not a good idea. Chances are, he is entering the US on a visa waiver program that prohibits him from adjusting his status in the US.  Further, you will still have to deal with the issue related to his divorce decree.  Lastly, if he were to seek a divorce in the UK, the date of the divorce will be after your marriage date, which would result in your marriage being void under US law.  I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

The short answer is NO. You cannot apply for citizenship until you receive a Green Card and meet the necessary residency requirements, which include holding the green card for five years or three years if received via marriage to a US citizen. That being said, you might be a US citizen at birth if one or both parents were US citizens before your birth. I recommend talking to an immigration lawyer to see all your options for a Green Card or US citizenship. Most immigration attorneys offer a free consultation, so you might be able to get your questions answered for free.    --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

The child does not obtain automatic US citizenship. A US citizen stepfather can sponsor his wife and his step child provided that both entered the United States with permission and the marriage occurred before the step child's 18th birthday. You sponsor both of them by filing an adjustment application to get their green cards. Once their green cards have been obtained, they can file for US citizenship three years later.... Read Answer

I do not believe that it makes much difference which EAD you will be using. You are authorized to work under your STEM EAD and that is not revoked by your applying for adjustment of status and obtaining employment authorization (C )(9) on the basis of that. However, please note that the STEM EAD is tied to the field of your degree while a (C )(9) EAD is open market and can be used for any 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

An individual holding E-2 visa status is allowed a 60 day grace period to find new work. You can only use it once, however, in connection with the current validity date of the E-2 status. The grace period  is also applicable to an individual like you attempting to change status to another category such as F-1 student. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

When does an activity begin to look like work? I believe that it would be very difficult to characterize giving blood as some type of work. There is the compensation angle, but what is it for? Self-employed individuals perform some activity for compensation such as artists or consultants. When you are doing is basically a passive activity. Under the circumstances, I am of the opinion that this should not be labeled as unauthorized 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

If the notation of resident status on the I-751 receipt is close to expiration, the recommended path is to communicate with the USCIS Contact Center and arrange an infopass with the local USCIS field office so that you can present your passport and receive an I-551 ADIT stamp continuing your resident status during the time that USCIS is adjudicating your I-751 petition. USCIS will generally not expedite an application or petition on the basis that the individual status is expiring, especially where there is another path. 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 your father was the principal on a labor certification with merit filed prior to 4/30/01, your sister who was under the age of 21 at the time is grandfathered for purposes of §245(i) if she entered the US by December 21, 2000. That means that she is not barred from adjusting status through any means that she can gain immigration from even if she entered the US without inspection or took up unauthorized employment or overstayed her visa status. For purposes of accompanying or following to join your father on his case, she would be too old by this time. You say that your sister has a US citizen daughter who will be turning 21 in a couple of years –that petition would likely be the quickest way for her to immigrate. Usually, an immediate relative petition like this would take approximately one year to complete. A sibling petition begun today on the other hand could take approximately 15 years to gain permanent 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

If you are able to remember details on your naturalization certificate, you or your lawyers can apply for an N-565 Application for Replacement Naturalization Document. Without specific information, it would be very difficult to fill out the application with an assurance that USCIS would be able to issue a replacement document. For purposes of sponsoring a family member, the law firm will also be able to use a copy of your US passport in lieu thereof. 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 has an “active” green card which is not expired and has not been out of the US on this trip one year or more, she would be able to return on the basis of the green card by presenting it to the air carrier and to U.S. Customs and border (CBP) inspection officers. If the green card is not expired, but your mother has been out of the US for one year or more and a reentry permit is expired, she may be able to present the green card to the air carrier and U.S. Customs and border inspection officers along with explanations and proof as to why she did not reenter the US within one year of leaving. If CBP wishes to admit her with a waiver, it can allow her to fill out and pay for an I-193 application for waiver of passport and/or visa. An alternative for your mother is to apply to the consulate or embassy for a special immigrant visa (DS-117) if she is able to prove that she had a good emergency reason for not being able to return to the US within the one-year validity date of the green card or the time on a reentry permit. On the other hand, if she is abandoning the green card now, she would send in the I-470 form to the Williston, Vermont, address on the instruction to the form, and then could possibly apply for and obtain a visitor’s visa from the American consulate or embassy. With reference to an I-131, a reentry permit cannot be applied for by an individual outside the U.S.  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