Immigration Legal Questions

It is a little late in the day to try to cancel your brother’s immigrant visa if it has already been issued. I am not sure that it can be canceled at this stage although you may contact the US Consulate that issued the visa to see whether it is still possible now. 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 rule of thumb is that USCIS will usually backdate the green card one year from the day of issuance in an asylum based green card therefore allowing naturalization at the end of four years instead of five. Since the date on the green card is already backdated one year in most cases, I imagine that the date that you can apply for citizenship is 2026 unless USCIS failed to do the backdating. 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

Concerning your uncle who may be an undocumented immigrant, the laws are in flux concerning liability of those who support and help undocumented immigrants in the US, and if Mr. Trump becomes president again, current laws may be interpreted to impose liability on persons who aid illegal immigrants. 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

Background checks are generally to ascertain information other than immigration status, and so I do not believe that the fact that you do not have the EAD card in hand at this time will impact the check. Lack of a Social Security number may have an effect as it lessens the amount of available information about you. Of course, if the employer offers you the position, you will have to submit evidence of employment authorization (the actual card)  and fill out the I-9 employment authorization verification 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

Process to Promote The Unity and Stability of Family Program per USCIS, if this applies to you two then it means he can possibly stay. Eligibility: Be present in the United States without admission or parole; Have been continuously present in the United States for at least 10 years as of June 17, 2024; and Have a legally valid marriage to a U.S. citizen as of June 17, 2024.   Reach out to an immigration attorney to review your case.... Read Answer

Generally the rule is that an individual file for asylum within 1 year of coming into the country, you did not mention how long you have been in the States. There is an exception to the 1-year rule if it is due to things like Change in Circumstances/Extraordinary Circumstances. Strongly you recommend getting with an immigration attorney to review your case.... Read Answer

No. Approval of the I-129f is just the first leg of the journey. The file is then sent to the NVC for further processing and then shipped off to the US Consulate in the Fiancé's home country for final processing. The immigrant will need to obtain police clearance certificates from every country he lived in for at least 6 months, after the age of 16. ... Read Answer

With Biden's Immigration Executive Order which allows undocumented persons married to U.S. Citizens; this will give the undocumented persons the ability to have their U.S. Citizen spouse petition without them leaving the country. Full details will be release soon; I strongly recommend you have a legal strategy session with an immigration attorney.... Read Answer

Congratulations on your upcoming marriage. There are several forms and pieces of evidence you will need to submit. Most basic one can be obtaining good pictures together with family and friends while you are in Ghana/during the wedding. I will strongly recommend you seek assistance from an attorney who can assist you with the detailed process that way there is no room for mistakes/delays in getting your future wife to the United States.... Read Answer

Your siblings will have to home strong home ties which shows the U.S. government personnel that they have a lot going on which proves that they will go back at the end of their visit. Strongly recommend you seek detailed Legal Strategy Session with an immigration attorney to review other forms of visa.... Read Answer

Some J-1 individuals maybe required to spend  two year in their home country once done with the program. You said your fiancee is from Germany, he unfortuantely will need to fufil the two year stay in his home country. Generally U.S. Citizen spouses who are or were on J-1 visas need to fulfil the two years if their country is amongst the countries with this requirement. Your fiancee/future husband can apply for a waiver, it is not guaranteed but worth a try. I strongly recommend you retain an attorney to assist you with the process; start with have a detailed strategy session with an attorney.... Read Answer

Generally since your mother is currently her primary custodial caregiver and take responsibility for your sister the applicant is considered an authorized designated representative. She is in the States legally, is an LPR so there should not be an issue of representation.  Ensure attach document that establishes familial relationship between your sister and your mother as well as proof your mother is the primary custodial caregiver. I will strongly recommend you seek representation from an attorney  who can assist in reviewing and assemblying your application for you as he/she will assist you with confidence and all adequate pieces of evidence plus more.... Read Answer

You did not mention your current status but there are several crimes that makes one inadmissible to the United States hence deportable. If you are currently on a Green Card and when it is time to file for Citizenship I strongly recommend you seek assistance from an attorney as certain offences constinutes a conditional bar e.g. Crimes Involving Moral Turpitude (CIMTs).... Read Answer

Immigration looks at the name you put in your form, the name on the beneficiary's passport, the name on your marriage certificate and even provide areas within the I-130 form to provide "other" names used by the beneficiary. It is going to be up to the immigration officer to decide if the middle name matters. If there are discrepancies in names, they may ask for more information.... Read Answer

Ensure that you are looking at your direct Green Card for the date. Five years is required before one can apply for U.S. Citizenship so if based off the date you have provided then July 2026 on that date will make it five years. General note: If you have left the contry a lot, note the number of days outside of the United States will/may count against you. Have a legal strategy session with an immigration attorney to ensure that you have no potential issues.... Read Answer

A US Citizen girlfriend can sponsor her boyfriend for a green card after marriage. If you do not make enough money to financially sponsor him, mom can act as a joint financial sponsor. Work with an attorney to make sure the case is handled correctly. Some of us charge an affordable flat rate fee to handle the case from start to finish. ... Read Answer

The federal legislation known as VAWA, Violence Against Women Act, protects battered immigrants, either spouse, parents, or children, whose close family member abuses them. The abuser who is either a U.S citizen or a green card holder (lawful permanent resident) may refrain from helping the victim to proceed with the immigration process by using intimidation and control. VAWA allows victims to petition (known as self-petition) for themselves independently and safely without the knowledge, participation, or consent of their abuser. Work with an immigration lawyer to maximize your chances of success.   ... Read Answer

A US Citizen residing overseas can sponsor his spouse after marriage for a green card and process at the US Consulate where you reside. At your interview, you would need to convince the officer that you both have taken concrete steps to relocate to the US and can prove that through documentaary evidence. ... Read Answer

You didn't disclose why the case was denied. Did you attend a marriage interview? If so, the case was most likely denied because the officer didn't believe the marriage was bona fide. If you received an employment authorization after that, it's not because the main case was reopened. That's a different department that handles work authorizations and if the adjustment case was denied, then the work permit is not valid. You can always apply again for a green card if your evidence the second time is more convincing than the first time. ... Read Answer

You have a dual intent situation which technically is permitted. The important thing to do is to tell the truth in every representation that you make both written and oral. Since the easiest pathway to a green card is through your US citizen wife's sponsorship, I would pursue that as a priority. You should work with an immigration lawyer to handle the case from start to finish. Some of us charge a reasonable flat fee with no hidden costs. ... Read Answer