Immigration Legal Questions

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

Your US Citizen fiancé can sponsor you and your 16 year old child for Fiancé visas, and once you enter you have 90 days to get married. Thereafter you can both adjust status to get your green cards. You can return to your country while the case is pending only if you apply for an advance parole document. The purpose of the advance parole is to visit and then return. ... Read Answer

A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US legally. This is despite that both are or will be in overstay status. It is not uncommon that the checks for USCIS filing fees have not been cashed after 30 days. There are many backlogs at most field offices so remain patient. ... Read Answer

I do not see a petty theft from 2001 for which you did community service and served no jail time as affecting your application for citizenship in 2024. Naturalization only requires good moral character within the statutory time limit, which I assume is five years in your case (three years for someone eligible for naturalization under the three year rule). 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

An individual who enters the US on an immigration visa is a permanent resident upon entry. The stamp on the passport given by CBP at the airport is the confirmation of resident status. Therefore, although I do not know tax law, I believe that you should be filling out “resident alien”  as you are a permanent resident regardless of whether you have yet to receive the physical card. 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 most likely will not impact your green card approval. However, you should get a copy of 1) the police report ,2)  the record of conviction and 3) the record of sentencing that the court entered. 4) if probation was ordered then any court record that the terms of probation were successfully completed. You should get certified copies of these records ,if possible, because the immigration officer will need to see them. ... Read Answer

There may be a hitch with your travel plans. A person applying to change status to another visa category in the US is not allowed to leave the country during the time that it is pending. Assuming that you wait until the F-1 status is approved, you would have to reenter under a F-1 visa instead of H-1B. 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 USCIS processing times are not certain, and you would like your new employment authorization to be in effect in approximately three months, you should probably start at this point. Kindly note that eligibility for H-4 work is restricted to those whose principal H-1B holder spouse has either an approved 1-140 petition or has applied for a labor certification application or employment based immigrant visa petition which has been pending at least 365 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

Unfortunately, the company needs the H-1B approval letter before you can start working for it. The I-9 employment authorization verification form is required to be filled out by the company, and the I-797A notice of approval is a necessary document to prove your H-1B status. 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 probable that you will be able to renew your F-1 visa as your offense is a pending traffic ticket, but kindly note that the DS-160 visa application form asks whether you have ever been arrested or convicted for any offense or crime. You have not said whether you were arrested, but if not, your offense would not have to be disclosed unless you were directly asked about it during the visa renewal process. 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 this is the first time that the F1/F2 visas will be used, your son cannot enter the US before you as you are the principal F1. If you had already entered the US using the F1 previously, and were just outside the US on a trip, he could enter before you – but the rules for first-time use dictate that you must enter first or you can both enter together, but he cannot go first. 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 were supposed to give the packet to the officer at the port of inspection, you should arrange with Customs and Border Protection at any airport with international flights to give in the packet. If they have not already created a record of your arrival, they can do so at that 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

Form DS-160 asks the question, “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?” While fare evasion and a fine is not a large infraction, it appears to fit within the definition of an “offense” and should be put down on the application. You can at the same time explain what happened at the time that you went through the turnstile. 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 were not in the US at the time of your father’s death and have not been residing here in the US. If not, you and your family would have to go through a long and uncertain process of humanitarian reinstatement under which USCIS will decide whether there are sufficient favorable factors of a humanitarian nature to allow the case to continue. Factors that USCIS will take into account are such as: Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); Advanced age or health concerns of the beneficiary or any following-to-join family members of the beneficiary; Lawful residence in the United States for a lengthy period; Ties (or lack thereof) to your home country; Other factors, such as unusually lengthy government processing delays; Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation. 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

An ESTA application asks, “Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?” There is a good chance that you will not be approved for ESTA admission. If not, your alternative is to apply for a visiting visa at the American consulate or embassy, explain the situation with documents, and also why you still have nonimmigrant intent for visiting since you are married to a US citizen. 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 our opinion, a traffic courtesy reminder does not count as a citation by law enforcement when applying for naturalization. A citation has a penalty to it, while a courtesy reminder does not. 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

Visitors visas are issued only if the U.S. Consulate officer is convinced there is a strong liklihood that she will return to her home country when the visit is completed. If she doesn't have a job or her parents don't put up a deed of trust on their home, then it will be difficult. Additionally, a visitor visa doesn't allow the beneficiary of that visa to study or to work, only to visit. ... Read Answer