Immigration Legal Questions

You will need to report both the speeding ticket (if the fine was for more than $500) and shoplifhting in your citizenship application. As to whether it will affect your application, I recommend talking to an immigration attorney because they will need to review your criminal records to answer accurately.    Disclaimer:This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read Answer

USCIS currently does not accept 100% online programs under its F-1 student program. The best path is to file form I-485 assuming that you have been in the country for a while and then inform the school that you have filed for adjustment of status in the US. The school should allow you to enroll under the program. As you will be adjusting status as the spouse of a US citizen, any violation of status in attending school without USCIS F-1 approval would be forgiven. 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, individuals who have expired their programs are allowed up to five months to transfer into another F-1 student program. As the starting date for your program is within the five month limit, I do not believe that you should be worried about what your profile looks like. 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

F-1 student visas are given in the discretion of US consular officers. If they believe that you would maintain nonimmigrant status while in the US and leave if and when your schooling ends, they are entitled to give you the F-1 visa. The consular office will judge your acceptability on the totality of circumstances, not just that your father has filed a petition for you. 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 the instructions on form I-130, USCIS appears to want that the information of the passport or travel document used by the beneficiary at the time of entry into the US. If your grandmother used two passports at the time of entry, you should probably put down the information on the unexpired passport used at the time of entry since that was the passport upon which she was admitted. You would put the information on the line used for passport number, leave out travel document number since that would be the passport anyway, and give the expiration date of the unexpired passport. 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 consequenc... Read Answer

As the H-4 application was receipted, that means that the application will begin to go through processing, and there is a good likelihood that the I-765 will not be adjudicated with the H-4 since they are now separated. The best that you can do in my opinion is to send the I-765 application back in ASAP with a copy of the H-4 receipt notice and complete documentation. I say complete documentation because some individuals only submit one document to cover both applications, but these are separate applications requiring separate sets of documentation. Please read the instructions if you have not already done so. 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 most situations in which individuals have been living in the US since the year 2000 and are being petitioned under the F-4 sibling category, they generally have not been able to maintain legal status that would allow them to adjust status in the US. The exception is if you are the beneficiary of §245(i) under which you must have entered the US by December 21, 2000, and have had a labor certification or immigrant visa petition filed on your behalf by April 30, 2001. Unless you satisfy the condition of §245 (i), you should consult with your attorney before going to the interview in Ciudad Juárez as most individuals who have come to the US and not been legal for one year are barred from coming back to the US for 10 years once they step outside the country. If you qualify under the exception, you should be able to make an application for adjustment of status with USCIS. Currently for the month of September, USCIS is accepting I-485 adjustment applications for those born in Mexico whose F-4 priority date is before 4/30/01. 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 you received a late message from USCIS. Under premium processing on form I-129, USCIS is given 15 business days to reach the case after receiving it, at which point it can approve it, send a request for evidence or notice of intent to deny, or a denial. If USCIS takes more than 15 business days to reach your case, it is obligated to give back the premium processing fee and continue processing the case under premium processing. 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 for purposes of your question that you are a US citizen. If an LPR, the child can be added as a dependent. However, an I-130 petition filed by the US citizen for a spouse falls in the immediate relative category, which does not allow dependent children. Please note that the new child may be a US citizen if you are a US citizen who has been physically present in the US or its outlying possessions for five years prior to the child’s birth, at least two of which were after the age of 14. In such case, you would apply at the US consulate or embassy for the child’s recognition as a US citizen. If you do not meet those conditions, you would file an I-130 petition for the child. 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 correct filing fee for form I-765 when filing with an I-485 adjustment of status application is $260. This was made clear in the Federal Register implementing the change in fees. 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

Venezuelans are processing their visas at the US Consulate in Columbia. Does she have a Venezuelan passport? I charge a very reasonable flat fee for fiancé cases. Moving to another country for the reason you stated makes sense and the US State Department would see it that way most likely. But if they don't they would just make her process at the US Consulate in Columbia. They ... Read Answer

As Canadian citizens, you are not required to obtain visas to come to the US, nor apply for a visa waiver under the ESTA program. Canadians can basically enter the US by showing their Canadian passports. You must of course tell the truth to Customs and Border Protection if asked about your prior situation. In such case, the question of whether to overlook your prior violations will be up to the immigration inspector, and whether he or she believes that you will only be making a temporary trip for vacation and not work. 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

In a shoplifting situation for naturalization, USCIS asks for final disposition and the arrest record. I note that some officers may be satisfied with a certified copy of the final disposition. 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, USCIS will not make an adjudication on an I-485 application until a known arrest has been resolved. There is a chance that the arrest may not come up if you had a fingerprint taken in November 2023 and the arrest occurred in July 2024, but there is also a chance that USCIS will rerun your prints prior to making a final adjudication. 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

Whether you can obtain the F-1 visa depends upon the discretion of the US consular officer who interviews you since the F-1 visa is one requiring nonimmigrant intent. If the officer is convinced that you are going to the US to pursue your schooling, will not try to adjust status in the US, and will leave the US if the schooling is interrupted, he or she may approve the visa application. I cannot tell you what the chances are, but believe that most consular officers would ask you to wait until you immigrate under the F-2A category. 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 green card holder is obligated to maintain a domicile in the US, and six months per year in the US is generally thought of as the standard to avoid potential problems. In addition, an individual cannot leave the US for a year or more just based upon the green card. Trying to spend most of the time overseas and just touching base in the US also has risks. A person coming to the US as a tourist is not allowed to wait in the US while being petitioned under a category that is backlogged. I note, however, that the visa chart for dates for filing under the F-2A category for adjustment of status based on marriage to a permanent resident is only backlogged currently to June 15, 2024. So depending upon visa movement, a tourist in the US may be able to file for adjustment of status when the quota becomes current and remain here during the processing. On your other question of what happens if she comes as a student or on a temporary work visa, she would likely have enough time to file for adjustment of status given the movement of the F-2A category at present. Once the priority date is current and an adjustment of status application able to be filed on form I-485, an applicant can also apply for advance parole to leave the US on form I-131 Application for Travel Document during the pendency of the 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

Where the ending date of the I-129 petition is beyond the date of the LCA’s validity, the H-1B can still be approved, but the time should be confined to the ending date of the LCA. 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 federal agencies do not disclose what databases are shared, I do not believe that a consular post would have access to information from USCIS that you applied for information under the Freedom of Information Act. 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

Claiming SSI and Medicaid and other means tested benefits could bring about difficulties with your parents and the petitioner and any joint sponsors as they guaranteed your parents’ financial support. If the next president is Mr. Trump, there is more of a possibility of trouble. On your specific question of whether it could impact their green card renewals, they are given 10 years on their green cards, and so that situation will not come up for many years. It is hard to say what the climate of the country will be 10 years from now and what questions will be asked on the renewal green card form. 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

Our advice in the past has been that a straight flight to a US territory like St. Thomas and a direct flight back to the US is legally feasible for persons with pending adjustment of status applications, although there could be problems with immigration authorities on the return. The advice still holds even as we have noted instances in which people have been given problems on closed loop voyages due to confusing advice by Customs and Border Protection. We have also just heard that a F-1 student was required to produce an original USCIS approval on a domestic trip from New York to Los Angeles. If you are willing to deal with a potentially stressful situation, you can go, but if you do not do well in such situation, you may decide to cancel the 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