Immigration Legal Questions

I assume that you are outside the United States under the AP. Just because a priority date becomes current does not mean that your case will automatically be reached for adjudication by USCIS. However, in the event that it is, the agency may approve the I-485 application while you are abroad, give another RFE, or if there are reasons for doing so, deny the I-485. In the event that you are returning under the advance parole and USCIS has approved your case but has not yet issued the card, you can show the advance parole and I-485 approval sheet to the immigration inspector at the port of 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

From your facts, it appears that your spouse fell out of lawful status after you arrived in the US as an F-2 dependent prior to your spouse filing for asylum. Your nonimmigrant status was based upon your spouse, and you would also be considered out of status. USCIS will generally not approve a change of status application in your situation as you were already out of status prior to your spouse’s asylum filing. I am sorry that my answer cannot be more encouraging. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

I am not aware of any formal process for Yemenis to overcome the current Trump administration ban on entry to nationals of the country. That being said, any exception would have to satisfy the criteria of urgent humanitarian need, no national interest concerns, and that the waiver would be in the public interest. Probably the best strategy for interview would be to gather up all documentation of the extreme hardship to your wife along with her sworn statement, produce anything that you may have that can show that you are not a security risk, and show any reasons for which it would be in the national interest to admit you to the country. You appear to be outside of Yemen from your facts, and any documentation showing that it is unsafe for you to be in that third country might also be helpful. The chances are likely not good, but best of 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

When a H-1B applicant for consular processing applies for and receives the H-1B visa, he or she is making an assertion that he or she will be returning to the US to work for that particular employer. It may be deemed visa fraud or misrepresentation if you return to begin working with another employer immediately when you reenter the US. A suggestion is to return and work with the sponsoring employer for a period of time before attempting to switch over to another organization. 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 would appear that the child is protected under the CSPA as his age was “frozen” at the time that the priority date became current which would appear from your set of facts to have been in September 2022. He also sought to acquire his immigrant status by his having filed the I-485 application in the same month. Alternate options would not appear to be necessary. 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 knowing the circumstances of the revocations of the two H-1B petitions, one cannot give assurances that they will not affect a future green card process through your husband. However, the fact that you were allowed a change of status back to F-2 is encouraging as it means that USCIS took a look at your situation and found that in its discretion, it would allow you to resume your former nonimmigrant status. If you are truly concerned about the revocations, you may wish to obtain copies of all paperwork and request the opinion of an immigration lawyer familiar with nonimmigrant work petitions.  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

In coming to the US, you are making a representation that you are a temporary visitor. Bringing your US citizen child with you may raise doubts on whether you have the requisite nonimmigrant intent. Under the Trump administration, inspections at airports by CBP are becoming more rigorous, and there is the chance of being turned away. A number of individuals have also been detained for days and weeks. A US citizen minor child does not afford any protection against removal. Assuming that you are married to the US citizen, you can be sponsored even if you are overseas. At the end of the process, you would apply for an immigrant visa after interview at the American Consulate or Embassy, a process which is taking approximately two years. USCIS and the consular officer will look at the circumstances of your marriage to ensure that you still both intend to engage in a life together. 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

For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS lockbox filing locations chart. The chart goes by your location rather than the three letter prefix of your receipt number. 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

Unfortunately, the US immigration system does not work like this. If the dependent is overseas and the principal wishes to adjust status in the US, the principal must file for an I-824 Application for Action on an Approved Application or Petition to allow USCIS to send a copy of proof of your adjustment of status so that your spouse can begin the consular processing. There is no simultaneous processing of adjustment and consular action. The dependent is usually able to interview and come over within a year of the principal’s approval as long as there is continued 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

This appears to be a confusing question as no one is designated as head of household where there is a jointly filed tax return. Perhaps the correct answer is the individual who is making the most declared income or the individual whose name appears first in the joint filed 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

There is new guidance on the USCIS website section on H-1B’s that spells out the $100,000 fee only being applicable to new petitions filed on or after September 21, 2025. Persons and companies doing H-1B transfers where the initial H-1B petitions were filed before September 21, 2025, are not subject to the fee. 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 obtained your green card legally through marriage and disclosed that you entered the country illegally when you applied for your green card, that should not be an issue when you apply for your US citizenship unless USCIS or the US consulate made a mistake in approving your green card. 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 H-4 EAD is for open market employment, and she is not restricted in her job opportunities as long as they are not illegal. It should be made clear on the tax return whose income it is that is derived from the short-term rental since that work is not authorized for you. You can discuss that with your accountant. 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

Normally, we would say that this should not be a problem except that it has not been determined whether the Laken Riley Act which imposes mandatory detention on noncitizens for theft offenses is retroactive. Note that it only applies to individuals who entered the US illegally or through fraud or misrepresentation. If you entered legally through a visa or parole, the Act clearly does not apply to the petty larceny. If your mode of entry places you within the class of individuals who may be susceptible to the Act, it is our opinion as well as that of most attorneys that the Act is not retroactive. We note as you note, however, that these are restrictive times as per your recounting the story of the woman from Ireland and improbable things are happening under this Administration. 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 happy to confirm that an individual in valid F-1 student status is legally in the country and not removable even if his or her TPS status is terminated. You must of course still qualify as a full-time student according to the regulations. 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

Although the minority view is that a timely application for asylum from a person on a current B-2 visa status preserves lawful status to allow adjustment of status in the future, the unanimous view is that a NTA ends the ability to be considered in lawful status. Obtaining TPS after getting a NTA in our opinion would not allow you to be considered in lawful status for purposes of a later adjustment of status application through your parents. We note that there have been many shifting policies and developments concerning TPS in the past few years which may continue and so our present opinion may not necessarily be accurate 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

A L-2 S has open-market employment and as long as the work is legal, is not precluded by federal immigration law from working on a W-2 and also beginning a startup LLC. We do not profess to know Texas state law and so cannot give you any advice there. We do not see any negative impact of this arrangement when you travel or when applying for a visa renewal. 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 H-1B registration system in 2025, the registration is person-centric, which means that the person only gets one chance to be selected regardless of how many organizations apply for him or her, and that if a person is selected, he or she can choose any of the organizations who put in a registration to do the H-1B petition with. Any petition must be filed by June 30, 2025. Other than that exception, it is highly recommended that the person stick with the H-1B employer that filed the H-1B petition by June 30 until sometime after October 1 to validate the filing of the petition and to show commitment to that organization before attempting to have another organization file for another petition. There can otherwise sleep be consequences both with USCIS and US consulates. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

From your fact situation, you missed the interview with the immigration office and the subsequent court hearing date because you did not receive the letter. For you to miss both of these, you would have had to have missed not one but two letters – one from the immigration court. I suggest that you check with an immigration attorney on whether the facts in your case could dictate reopening your immigration court case. For example, if USCIS and the court mistakenly put the wrong address on their letters, that may be a basis. This type of situation is usually determined by the particular fact situations. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Requirements for your wife to obtain a H-4 EAD is that you are both in valid H-1B/H-4 status and that you have an I-140 approval. Once you have the I-140 approval, your wife should be able to make an application for employment authorization. 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 problem may not be with your having been illegal in the US, but rather the way that you answered the question before the officer. You can be denied naturalization on the basis of a finding of no good moral character where you have not told the officer the truth at the interview. It should also be kept in mind, however, that any misrepresentations should be material – meaning that the misrepresentation should relate to a possible problem on an issue that matters affecting your immigration case. 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 wish to apply for an extension, you should do so prior to the time that you were requesting on the extension, November 3. Kindly note that if your first request for extension is denied, unlawful presence will begin on the date of denial. If you remain in the US 180 days or more after unlawful presence kicks in, you will be barred from returning to the US for three years once you leave. 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