Immigration Legal Questions

The sixty day grace period for H-1B holders to find new H-1B employment is capped by the H-1B expiration date. Your second employer filed a timely H-1B change of employer petition, and you would not accrue unlawful presence until the petition is denied. Hopefully your new employer is able to respond effectively to the NOID. Your employer can submit a new petition explaining the circumstances of the new late filing, and it will be up to USCIS whether to favorably forgive the late filing or not. As you note, there is an issue with accruing unlawful presence if the first H-1B petition is denied. To avoid being barred by accruing 180 days of unlawful presence, your employer can perhaps file the petition with a request for premium processing on form I-907. USCIS should then reach the petition for adjudication within 15 business 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

I For complex cases, there is no generally recognized timeline, but an applicant can usually make an inquiry on the case after interview when 120 days have passed. As it has been almost a year since the time of your wife’s interview, you can perhaps make the inquiry through e-request or the USCIS Contact Center telephonically at 1-800-375-5283 and explain your problem to the USCIS representative. Hopefully upon getting through, the representative will be helpful. You can also make an inquiry through your local congressman and senators’ offices as they have liaison with USCIS. The best result of course is approval. I note that there is a possibility that you may receive a RFE (request for evidence) or NOID (notice of intent to deny) to submit an I-601 application for waiver of grounds of excludability because of perceived misrepresentation. Hopefully you will not receive a denial. 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

It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in organizations here, US identification, credit cards, and even perhaps tax returns. You should also be prepared to explain why you stayed out of the US for so long and why you consider the US still your country of domicile. CBP at the airports has become much more restrictive on entry under the Trump administration and there may be a risk of being denied entry or facing issues upon arrival. There are also risks of being referred to an immigration court which can be a long drawn out process and even detention under this administration. Assuming that you are admitted, you are required to be physically present to file for a new reentry permit application. In such circumstance, it is best to spend as much time as possible in the US before leaving again – perhaps at least a few months. A reentry permit is not a guarantee of reentry, so it would be best to come back every six months when you are away. 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 assume that your operation in the US is of a good size for you to think of applying for a blanket L. There is no written requirement of revenue or operational threshold, but that being said, USCIS many times looks at the size of the operation, and so bigger is better in terms of number of employees and revenues. Many officers believe that an overseas office should still be of a certain size to support an executive/managerial type of employee and perhaps a lesser number for an employee with specialized knowledge. The offshore entity would have to fit within the definition of an affiliate, which is owned or controlled by the US entity. The difference in applying for regular L-1 as opposed to applying for blanket L is that for blanket purposes, the company must establish that it has at least three qualifying organizations or a US workforce of 1000+ employees, or combined US sales of $25 million or more or has had at least 10 L-1 approvals in the past year. 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 looking at your history, putting down the fact that you have three siblings now in the US if you did not put them down previously would in my estimation not be a reason to deny the visiting visa renewal application. You have shown that you have adhered to the terms of the B1/B2 visa over the years; attempting to immigrate through brothers and sisters is a very long process and not usually a temptation to abuse the visa by overstaying in the US: and you may be able to say that you were confused by the form question that you thought asked whether you had any immediate relatives in the US which you thought only meant spouse and children. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

This is a textbook case where an I-601 waiver will be required to overcome inadmissibility based on concealed intent. It’s Immigration Law 101 when preparing clients for a marriage-based green card interview. Let this be a lesson to you, your wife, and anyone reading this: had you retained counsel from the start, you likely wouldn’t be in this situation. Now, you’ll probably need to file the I-601 waiver, and she will be required to leave the U.S. and attend her interview at the U.S. consulate.     ... Read Answer

Your boyfriend has to qualify for a visitor visa on his own merit. USCIS normally requires that he provide tax returns, paystub's from his job, a letter from his employer, and a property appraisal if he owns a condominium or a home in his own name. However, if you want to sponsor him for a fiancé visa, then you will have to provide other evidence like an intent to get married and evidence that you have met him within two years of filing for a K fiancé visa. You should work with an immigration attorney. Some of us charge a very affordable flat fee to handle the case from start to finish.... Read Answer

There is normally no value in giving documents between 2010 and 2020 as they are not within the five-year period of time required to make an adjudication on your naturalization case. USCIS officers are generally not enamored with having to plow through documents that are not required for an application as they have many cases to go through and many officers are backlogged on their cases. However, if you have arrests and/or convictions between those years, they would be relevant and documentation of such should be presented. 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

These are applications on two separate tracks – F-1 STEM OPT and H-4. They have different rules, and there should not be an issue if your H-4 approval arrives after your current OPT expires. As H-4 rules are not the same as OPT rules, the 90 days rule for employment does not apply. Please note, however, that an individual cannot hold two nonimmigrant statuses in the US, so be aware that after obtaining one benefit, a subsequent approval of the second benefit will generally supersede the first approval. 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 pertains to your mother or father as applicants for N-600 certificates for citizenship obtain such through a parent or parents who are US citizens. Part 3 asks for information concerning the US citizen mother or father, and the question that you are uncertain about only asks whether that parent’s current husband or wife is your other parent. So, if the answer is that the US citizen mother or father named in part 3, item 1, is your other parent, then the answer is yes – otherwise no. If yes, you would skip item 10 and go directly to part 4. If no, you would fill in item 10 with your US citizen mother or father’s current spouse. The form does not appear to be well designed, but we assume that if the US citizen parent is not married at this time, you should skip items 9 and 10 altogether. 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, organizations register candidates online with USCIS in the hope that their candidates will be selected. The selection is particular to the sponsoring organization and particular to the candidate, which means that the beneficiary is restricted to being sponsored on the H-1B petition after selection. In addition, for those selected, the H-1B petition must be filed by June 30. In your situation, the date is past and an outside company cannot take up the sponsorship of another organization. Sorry. 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 of fiscal year 2025, the USCIS claims processing times for a completed I-90 form is 4.2 months. While the appointment is a key milestone, the timer starts after your biometric appointment. Therefore, the USCIS estimates you will likely wait about 4 to 5 months after your appointment. Until then, you can always speak with an attorney, ensure or update that the USCIS has your current address, and track its fulfillment.  (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read Answer

Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests through case-by-case basis and generally require supporting documentation, acquiring legal representation is integral to ensure this complex situation remains rectified. (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read Answer

A U.S. citizen may petition for a sibling to obtain a green card; however, the wait time for this category is approximately 14 years due to visa backlogs. If you’ve been in the United States for 40 years without lawful status, you likely would not qualify for adjustment of status—even if your priority date becomes current—because eligibility requires that the beneficiary has not accrued unlawful presence. Based on this, it appears there may not be a viable path to lawful permanent residency through a sibling petition.     ... Read Answer

To determine which documents you’ve filed with USCIS, you may submit a Freedom of Information Act (FOIA) request. However, it’s often wise to retain an experienced immigration attorney to handle your case from start to finish, minimizing the risk of errors. Many of us offer affordable flat fees and can represent clients in any U.S. state — or even abroad — since immigration law is federal.  ... Read Answer

If you are approved for O-1B prior to your departure from the US, you may encounter two difficulties in deciding to return on the OPT – first, there is a question of intent. You would be making a representation to CBP that you intend to complete your OPT and return home. In this age, it is dangerous to be anything other than on the up and up with CBP. Second, if you do manage to reenter the US under OPT, it is doubtful whether your change of status to O-1B would automatically kick in on July 15. It should also be noted that most attorneys are suggesting that nonimmigrants should not take unnecessary trips outside of the country given the present climate. I suggest that you speak with your attorney before finalizing your travel plans. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

As you know, there are two charts to the monthly visa bulletin, Dates for Filing and Final Action Dates. For the month of June, the dates for filing chart for adjustment of status applications is available for those whose priority dates are prior to February 1, 2025, as USCIS is using that chart in this month. With reference to your questions, you would be able to file I-130/I-485 concurrently if the chart read “C” or current, which is not the case. You would have to file the I-130 form first, and then when the priority date is reached, you can file the I-485 while the I-130 petition is still pending. You do not have to wait for the I-130 to be approved before filing the I-485. 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 father will have to explain as best he can the circumstances of why he could not prove his employment when the subject arises. If he has some other evidence, he can perhaps bring it with him to the immigration interview and show it if asked. It should be noted that if there was fraud or misrepresentation found in the annulment of your father’s visa by a US consular officer, your status as a US citizen son is not sufficient for him to apply for a waiver through you. An I-601 hardship waiver under those circumstances can only be made if the qualifying member is a US citizen or permanent resident parent or spouse. The passage of time may work in his favor as it is doubtful that consular records would be kept for 35 years. 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 will assume that your mother is overseas and that you will be filing an I-130 petition and she will ultimately consular process at the American consulate or embassy in her home country. If that is your situation, financial support is not a concern at this stage. It only become relevant when the I-130 petition is approved and your mother begins consular processing. That would likely be over a year from now. If you stop working and have no employment by that time, a good option is to find a bona fide joint sponsor, e.g. related or friend, who can assist with the support obligation. If you have sufficient liquid assets, you may look on the poverty guidelines to see whether they will support your mother’s immigration. The amount of assets must be a multiple of 5 to cover multiple years of support. We note, however, that US consular officers sometimes have a more stringent view of the amount of financial support required in the case of parents. 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 a U.S. citizen, you can sponsor your wife-to-be for a green card, as long as she entered the country with permission. If she is now in overstay status, this typically won’t be a problem. It’s important to work with an attorney to ensure all paperwork is filed correctly to avoid mistakes. A reasonable flat fee for this process should not exceed $2,500—anything higher may be excessive. You can retain an immigration attorney from anywhere in the U.S., as they handle cases nationwide and globally. When will you turn 18? ... Read Answer

Hello, Need more information, you mentioned that you are currently on EB-2 so I-140 was approved? Having an approved EB-2 without you adjusting does not automatically keep you in "status". You did not mention your priority date, what your home country is. Let's assume your priority date is current the you should be able to apply for your Green Card. I strongly recommend you have a true Legal Strategy Session with an immigration attorney to go through your immigration history, current status, potential risks etc.... Read Answer

Your father should consider hiring an immigration lawyer to ensure his case proceeds smoothly and avoids complications. An attorney can submit a G-28 Notice of Appearance, even if the case is pending or closed, ensuring that both the lawyer and the client receive all relevant notices throughout the process.    ... Read Answer

If you are in the United States and entered legally, you may be eligible to adjust your status after marrying a U.S. citizen. USCIS allows individuals to apply for a green card through marriage, even if they are currently out of status. To ensure a smooth process and avoid complications or potential denials, it is advisable to work with an immigration attorney. Some of us offer affordable flat-fee representation to assist clients throughout the entire process. You can retain an attorney anywhere in the United States, as immigration law is federal, allowing legal counsel to represent you regardless of the state you are in.    ... Read Answer