Immigration Legal Questions

As an individual having a final order of removal and not having appealed on time, your husband’s present immigration case will most likely not save him. He may, however, be able to go through the I-601A process, an Obama program, to get a green card as long as it is not rescinded by incoming President Trump. The mechanics are that you would file an I-130 relative petition; he would file an I-212 conditional request for advance permission to enter the US; and if both are approved, he would file an I-601A application for waiver of grounds of excludability based upon extreme hardship to you if he and you are separated for a long period of time. Assuming that the application is approved, he would complete consular processing and return to the home country for an interview with the American consulate or embassy. If approved at interview, he would return to the US with permanent residency. The process is currently taking about 4-5 years at this time. 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 situation that you describe, you are not eligible for US citizenship. The Child Citizenship Act requires not only being under the age of 18 when the parent naturalizes, but also your being a permanent resident and residing in the US under the physical and legal custody of the citizen parent. It would appear that your best solution of immigrating through your parents is to have your citizen parent file an I-130 relative petition for you. If you are single, the process will probably take approximately eight years and if you are married approximately 15 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

That is a good question for which I do not have an answer. Perhaps a solution is for you to leave the US and reenter the country using the approval of the company for which you intend to work. In most cases, this would involve arranging an interview at the US consulate or embassy overseas to be visaed under the desired company. 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 US citizen, and you are not ready for marriage yet, you could always sponsor him for a fiancé visa. The fiancé visa takes about a year prior to when he can actually legally enter the United States, but you would have to get married to him within 90 days after he arrives in the US. Then he can be sponsored for a green card. This will buy you at least one year of time before you commit to marriage. One of the conditions for the fiancé visa is that you have to physically meet your fiancé within two years prior to filing for the K-1 application. Consider working with an attorney. Some of us charge a very affordable flat fee. ... Read Answer

In the scenario described, you and your spouse can travel to Mexico and re-enter the U.S. before the expiration of the spouse visa (November 22, 2024).  When the spouse re-enters the U.S., the Customs and Border Protection (CBP) officer will consider your H-1B approval notice. Your spouse's I-94 will typically be granted on the validity of the H-1B approval, allowing her to remain in the U.S. for the duration of the H-1B status.  However, the pending I-765 may be at risk of abandonment if your spouse travels while it is still pending, and she may need to file a new application for employment authorization after re-entry. It is advisable to consult with an immigration attorney to navigate these processes and ensure compliance with immigration regulations. ... Read Answer

OK, so the answer is maybe. The reason is because you cannot enter the United States with concealed intent. If you have a visitor visa, then you can only use that to visit and not to remain permanently. However, there is no problem with changing your mind. If she intends to visit, but later, when she arrives, she decides that she wants to get married and remain here permanently, there's nothing wrong with that. For example, some of the evidence that USCIS and border patrol looks to to discern intent is whether she has a return air ticket. This is evidence that she only intends to visit. If they are suspicious when they talk to her at the border, and she tells them that she has a serious boyfriend, they will look at her phone to see what she is planning. If they see any text information on there that she decides to stay here permanently, they will send her back right away. So that being said, govern yourself accordingly. Consider working with an attorney. Some of us charge a very affordable flat fee to handle these types of cases and counsel can represent couples anywhere in the world. ... Read Answer

If your US citizen father filed an I-130 petition for you, it was either under the F-2B category if you are single or F-3 category for married sons and daughters of US citizens. Currently in November 2024, only those who filed petitions in the F-2B category before 5/1/16 are being given final immigration interviews, and for the F-3 category, those who filed before 4/15/10. Unfortunately, only Congress has the ability to make waiting times shorter by increasing the number of individuals who can immigrate to the US – but as you are probably aware, increasing the quota is not politically popular at this time. USCIS has the ability to expedite the adjudication of an I-130 petition under certain conditions, but expediting the petition does not make the overall waiting time shorter. Even if the I-130 petition was approved today, you would still have to wait for your priority date to become current in order to immigrate under your category. If the waiting time is too long, you may attempt to explore any other options with an immigration lawyer. 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

Yes, you could adjust status provided that you had no intention of staying permanently in the United States when you entered the country. The fact that you purchased a return ticket prior to your entry and you had a job lined up back home would help establish that you only intended to visit. Some of us handle these types of cases for a very reasonable flat rate fee for start to finish representation. Consider working with counsel so your case will process smoothly. ... Read Answer

The porting form, I-485J, has no requirement that the employer be on E-Verify. The employer must be bona fide and have the wherewithal to take on your employment. Also, the position must be in the same or similar occupation with your sponsoring employer as outlined in the labor certification. Whether you are in the EB-3 unskilled category or any other employment based category, the rules of porting are the same. Kindly note that porting is available where the I-140 has been approved, an I-485 has already been filed, and the I-485 has been pending 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

You should send a letter to USCIS that your unmarried son has married. In the event that USCIS does not acknowledge your information and approves your petition for your son as unmarried, you should give the information in the next step of the process when your son’s approved petition is sent to the National Visa Center (NVC). Please note that your son’s category will change from the F-1 category for unmarried sons and daughters of US citizens to F-3 married sons and daughters of US citizens. That will lengthen the time of his processing. For the month of November 2024, final immigration interviews are being given to unmarried sons and daughters those petitions were filed prior to October 22, 2015 whereas married sons and daughters were only being interviewed whose I-130 petitions were received before April 15, 2010. You can notify the NVC later at its email address after USCIS ships the approved petition to the Center. You cannot add the spouse after your son receives his green card as that would constitute fraud in having him immigrate under a category to which he is no longer entitled. 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 time on the notice of action has expired, your case can move forward. We recently completed a case in which it took six months from the date of expiration of the notice of action before the fiancée had the interview at the American 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

It is difficult to know what your qualifications are to stay in the US without more. Marrying a DACA recipient does not give you the right to live with him in the States. I suggest that you seek a consultation with an immigration lawyer who can go over your 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

Good morning. The attorney fees to handle a fiancé visa case vary from roughly $2,500 to $7,500. Some of us, including myself, handle these cases for a flat fee at the very low end of that range ($2,500) for start to finish representation. Counsel in any state can represent you. ... Read Answer

You appear to have an ambitious agenda which presupposes that you will be able to make a turnaround after your time in the US under F-1 student and OPT and return under ESTA. You may or may not be fortunate enough to obtain such approval. If you do return, I do not see how you can legally have work permission to keep your LLC and your clients during the time that it takes to file for adjustment of status and to obtain a work permission based upon the adjustment of status. You should be aware if you are not already that USCIS may question whether you revealed your true intent when you entered the country under ESTA if you make quick actions to be married and file for adjustment of status. Perhaps you can have a partner or manager take care of your LLC and clients during the time that you sort out your immigration situation. 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 daughter who is a US citizen by birth and currently lives outside the United States without a job can sponsor her parents working in Canada under the conditions that she has a financial cosponsor who is a US citizen or permanent resident who can provide the requisite I-864 affidavit of support forms and documents, and that she is able to prove a domicile in the US by the time of her parents’ immigrant visa interviews. That is because a petitioning US citizen or permanent resident must be able to show that he or she considers the US his or her country of domicile. Your daughter may present such evidence as ownership of property, renting of property, US bank accounts, proof of voting in the US, a job in the US, etc. 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

Since you intend to return and be visaed with the H-1B in Vietnam in December, I see no reason why you cannot fill out the DS-160, submit it, and schedule your visa interview before October 1. A consular officer should just be concerned with whether you are qualified on the date of interview, not whether the H-1B had come into effect at the time that you submitted the DS-160. 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 “B” visitor is only admitted for the purposes of the particular trip. You should keep in mind that any quick action to submit an adjustment of status application after entry may raise the objection that your actual intent upon entry was in contravention of the B visa. The watchword is to be cautious. 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 can reapply for the visa, be honest throughout the complete process, and hope for the best. You have not stated what kind of visa you are trying to renew, but you should check the documentary requirements to also ensure that you have all the required documents for interview. Other than repaying the amount shoplifted and a fine, some evidence of rehabilitation may be helpful if you have done any voluntary acts or attended classes showing a desire to keep yourself or others from committing acts of shoplifting. 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