Immigration Legal Questions

The employment status of the immigrant beneficiary does not impact their eligibility for a spousal visa. The Department of State primarily considers whether the petitioning spouse meets the minimum income requirements to sponsor their partner. Since the process can be complex, it may be beneficial to hire an attorney on a flat fee basis to manage the case from start to finish. Some attorneys offer affordable flat-rate services for this process.     ... Read Answer

If mom is overseas, and you have a pending I 130 immediate relative petition, you will be required at some point to upload an 864 affidavit of support to prove that you financially can sponsor your mom. If you have lost your job, then you should retain a joint sponsor who does have the financial ability to sponsor mom. ... Read Answer

It is always faster filing for a spouse as a U.S. citizen so I will ask how long have you had your Green Card? Are you almost at the point where you could file for Citizenship? Generally an I-130 needs to be approved first and your priority date needs to be current before I-485 can be adjudicated - I recommend you seek assistance from a licensed attorney in order to prevent delays.... Read Answer

There is a possibility that she may be refused because of the fraudulent annulment document that was presented in connection with the K-1 petition. That may depend upon whether the embassy believed that she intentionally committed fraud in presenting the document or whether she was just a victim. From your statement of facts, it appears that the fraudulent document presentation was unintentional and hopefully that will be the case and the immigrant visa issued. However, if found to have committed intentional fraud in the past, she will be denied, but should still be eligible to file for a waiver based upon proving extreme hardship to you if she cannot be given the immigrant visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

With the present situation of extreme vetting by the Trump administration, our general recommendation is that nonimmigrants should not make nonessential trips outside the US. If you do go out of the country, however, our recommendation is that you reenter under an O-1B visa rather than OPT. 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 should be eligible for citizenship at this time. Inasmuch as it was a domestic violence situation under which you obtained resident status, you should not be required to have anything from your ex-husband for the 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

For green card holders, it is generally safe to travel although there is currently extreme vetting at the borders and airports by Customs and Border Protection (CBP) officers. If permanent residents have had anything in their backgrounds that could raise a flag with CBP, however, they may think twice before taking a trip. 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 difficult to give advice not knowing more about your father’s situation. However, if he entered the US with inspection or parole and has no other problems, a US citizen child over the age of 21 could possibly help him apply for adjustment of status through filing for him on form I-130 petition for alien relative and him submitting form I-485 adjustment of status application to permanent residence. If he came in without inspection and has had no problems with crime or fraud in obtaining immigration entry or benefits, he could be eligible for the I-601A program which would start with the child petitioning for him on form I-130; upon approval, your father applying for an I-601A application for a provisional unlawful presence labor; and upon approval returning to the home country for an immigrant visa interview with the local US consulate. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

if your wife is a US citizen, she can sponsor her own daughter as an immediate relative if she is under 21. If the daughter is over 21, then she would fall into a preference category and she would be able to get a visa when her priority date becomes current. So she should start that process now. There is no category for a US citizen to sponsor their granddaughter. As far as the sibling is concerned your US citizen wife can file an I 130 but the wait time is going to be about 15 years before a visa is available.    ... Read Answer

Unfortunately, you are ineligible for US citizenship due to the residence requirement in which most residents including yourself must have been a permanent resident for five years and in that five years remain physically present in the US for half the time, or 2 ½ years. There is no exception. 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, there should be no problem with a permanent resident visiting the homeland for one and ½ months. A couple of things to know – if you received permanent residence through political asylum by claiming persecution in Nepal, there would be a danger in returning to the homeland. Also be aware that the US now has strict vetting at the airports, and persons critical of Israel and the Trump administration are currently being given a hard time by Customs and Border Protection (CBP). 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 have many EB-1A applicants who make their applications from outside the US and are successful. Being in the US is not required for such an application. Being employed in your field of expertise at the time of application is not a strict requirement, but is a factor. Emphasis in an EB-1A case is on whether the individual can prove that he or she is an alien of extraordinary ability. 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 probably know by now, Syria is on a list of 43 countries that the Trump administration wants to stop or lessen travel from. Syria falls within the red countries with a total ban. The travel ban is expected soon with full details. It is unknown at this time whether the ban will include permanent residents. I suggest that you wait until more is known about the travel ban. In addition, please note that the Trump administration has increased vetting at all ports of entry, especially targeting those critical of the Trump administration and Israel. 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

Given the interval between obtaining permanent residency in February and your plan to change jobs in July 5 months later, my opinion is that your spouse should not have a problem on her adjustment of status application because of your job change. It might be a different story if you changed jobs quickly after obtaining your permanent residence since an employment based green card (presumably through PERM labor certification) presupposes a commitment by both employer and employee to have a permanent job for the employee. 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 child over 21 can sponsor both mom and dad as long as mom and dad entered the United States with permission. This is true even if many decades have passed since that lawful entry and they've been out of status the entire time. Yes, the US citizen child needs to file an 864 affidavit of support establishing that he has the minimum income level necessary to sponsor his parents based on his household size. However, if you do not qualify, then you can engage a joint financial sponsor who does have the minimum income necessary. A joint sponsor can be anybody with US citizenship or a green card that lives in the United States. You should work with an attorney. Some of us charge a very affordable flat fee to represent the clients in cases like this from start to finish. Counsel in any state can represent you.     ... Read Answer

OK, so currently there are dozens of grounds of inadmissibility that an immigrant would apply for a waiver for. You did not indicate what ground he is deemed inadmissible by Uscis. Ultimately, if there is any ground of inadmissibility, a waiver would need to be filed and the burden is on you to prove that if the immigrant spouse was not allowed back in the country for permanent residency, then you would suffer extreme hardship. ... Read Answer

Unless there are outstanding concerns of the US government, you would likely face no problems in leaving the US inasmuch as the Trump administration is actively encouraging undocumented immigrants to leave. Anecdotal evidence of people expecting problems at the airport shows that they are not being given trouble in departing. CBP has also developed a feature called “Intent to Depart” on its mobile app which allows individuals to officially announce their voluntary departure 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

The STEM OPT program requires that you work with an E-verified employer. You are not allowed to work with one that is not on E-Verify. 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 should probably wait out the process if you wish a life in America. Although there is no guarantee that the waiver will be approved, being married to a US citizen for eight years usually provides grounds to satisfy the hardship requirement of an I-601 application. Having a good lawyer to assist in preparing the application also usually helps. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The Trump administration has indicated a closer vetting of individuals coming to the United States. That being said, a green card holder without acts of inadmissibility or deportability and whose social media posts and background are not a concern to this administration should be able to travel to visit relatives for two weeks in China. Be mindful that your wife may experience closer scrutiny if she is a researcher or in a company or university performing advanced research. 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 not. USCIS does not allow individuals to remain in the US just on the basis of a filed petition. You would be filing under the F-4 category for siblings of US citizens. For most of the world except for India and the Philippines which have longer backlogs, the availability date is only for those for whom petitions were filed prior to April 1, 2008. This is a backlog of approximately 17 years. Your sister would have to maintain nonimmigrant status to remain legally in the US. 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 H-4 visa only allows reentry as H-4, not H-1B. Your spouse of course must still be maintaining H-1B status. If you use the H-4 visa for reentry, you will be admitted as H-4 and will not have the authorization to work under your H-1B visa status. I suggest that you rethink your strategy and if you are making this trip, arrange an appointment with the American consulate or embassy to apply for the H-1B visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Overstay is generally not a concern for individuals being sponsored by US citizen spouses. Under the immediate relative category (US citizen sponsoring spouse, parent, or child under the age of 21 and unmarried), items that would bar adjustment of status in other category sponsorships such as unlawful employment or violation of authorized period of stay are generally not applicable. The USCIS adjudication will focus on other subjects such as the bona fide character of the marriage. 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