Alabama Immigration Legal Questions

Without knowing the circumstances of the revocations of the two H-1B petitions, one cannot give assurances that they will not affect a future green card process through your husband. However, the fact that you were allowed a change of status back to F-2 is encouraging as it means that USCIS took a look at your situation and found that in its discretion, it would allow you to resume your former nonimmigrant status. If you are truly concerned about the revocations, you may wish to obtain copies of all paperwork and request the opinion of an immigration lawyer familiar with nonimmigrant work petitions.  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 More

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 More

The TN professional list and H-1B specialty occupation both contemplate dentists, not dental assistants. Besides, even if your wife did qualify as a dentist for H-1B sponsorship, she would need a cap H-1B, and those are regulated by number. Employers and their candidates have to go through a selection process in order to even be able to submit petitions, and the time for selection this year just ended on March 17, 2023. It may be possible for the practice to sponsor her for a PERM labor certification and green card, which does not need any of the above – but in which the employer will have to go through a time of recruitment of US workers to show that your wife is not taking away a job that an able, willing, qualified and available US worker wants.  Please note that applying for PERM does not allow her to stay in the US during most of the process and she will have to keep maintaining a legal non-immigrant 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 More

You can request an expedite from USCIS if you will suffer severe consequences from losing the job. USCIS will entertain such a request if the severe financial consequences are not the result of your failure to timely request the DACA renewal. It further says that, “Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services.” 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 More

Since you are married to a US citizen, you are considered an immediate relative of the US citizen, and violations of status would not bar an adjustment of status to permanent residence. Therefore, sending your 12-year-old daughter to school should have no effect on the immigration 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 More

There is a possibility that your parents may be able to adjust status if you join the Army. USCIS has been receptive to allowing parents of service members who entered the country illegally to obtain parole in place for purposes of adjustment of status to permanent residence. 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 More

Yes, she can get a tourist visa, but she has to independently qualify for that by producing evidence that will motivate her to return, such as property ownership, which she can prove through a copy of a deed, and tax returns and/or a letter from her employer which is evidence that she has income from a job that provides her with a source of financial security. You could also sponsor her for a fiancée visa, but in order to do that you guys need to meet in person physically within two years of filing that application.... Read More

Yes, it is permissible for somebody from Morrocco to travel to the United States on a visitor visa for the specific purpose of getting married, and then return home to process at the US consulate overseas. Alternatively, if you have physically met this person within The last two years, you can sponsor him for his fiancée visa, and once that is obtained, he can travel to the United States but must get married to you within 90 days of entry, and then he could adjust status to get his green card.... Read More

He could apply for a visitor visa at the US consulate in Nigeria. There may right now be a ban from Nigeria, so you will have to talk to The Nigerian Embassy here in the United States. You can find them by googling Nigerian Embassy in Atlanta which I believe is the closest city to where you live in Alabama.... Read More

As a permanent resident filing for a 33-year-old single son, he is in the F-2B category which in the month of November only has final action date availability for those who filed prior to 7/8/15 for all of the world except for further backlogged countries Mexico and the Philippines. Adjustment of status (I-485) is only allowed where there is visa availability. Your idea of having your son adjust status when he enters will not be allowed because of the long period of time that he must wait before his quota becomes current. Insofar as visiting you is concerned during the time of waiting, he is allowed to do so as long as he is able to convince immigration inspectors at the port of entry that he intends to return within the 90 day period allowed on visits under the visa waiver program. He should space out any visits so that DHS can see that he spends much more time in his home country than the United States. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 More

So if you Are married to an American citizen, And you have been the victim of physical psychological emotional or mental abuse, then you may qualify for permanent residency based on the violence against women's act. So what I would do is I would call a woman shelter, and escape your situation, and they will provide you food and shelter and clothing and possibly even medical help, and also legal advice so you can go about and process your case under the violence against women act for a green card.... Read More

If your spouse does not wish to permanently reside in the U.S., then a marriage visa is not the path you want to take. The marriage visa, called an immigrant visa, would actually lead to her obtaining lawful permanent residency in the U.S. It is an immigrant visa meaning it is permanent. There is no non-immigrant marriage visa for spouses of U.S. citizens.  That said, the foreign affairs manual ("FAM") does provide a path for a spouse to obtain a visitor visa (B-2). Here is the provision:  9 FAM 402.2-4(B)(4)  (U) Spouse or Child of U.S. Citizen or Resident Alien (CT:VISA-778;   05-13-2019) (U) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien may be classified as a nonimmigrant B-2 visitor if the purpose of  travel is to accompany or follow to join the spouse or parent for a temporary visit. In the event your spouse wants to obtain lawful permanent residency, you can start the process by filing for her on Form I-130. She will have to apply for a visa through the embassy. If you have questions, do not hesitate to contact us: https://porter-law.com/contact/ Please consult the appropriate professional to request an analysis of any immigration issues discussed in or implicated by this communication, or to assess the advisability. The information provided on this communication is of a general nature and may not apply to any specific case or particular circumstance. It is not to be construed as legal advice nor presumed to be up to date.  ... Read More

Typically you don't need to provide financial documents evidencing sufficient income at the fiancé visa stage, unless USCIS request it. However you will need to file a financial affidavit with supporting documents when your fiancé applies for his green card. If you do not meet the minimum income level you can enlist the aid of a joint sponsor. ... Read More

What kind of visa?  Immigrant visa: green card. Or nonimmigrant: tourist, student, temp. worker? If the latter, there's no way possible to reinstate her status.  I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read More

The one positive thing that Pres. Trump has done is to scare illegals to the point of actually going to immigration lawyers for consultations and advice - and avoiding the rip-off artists; the storefront tax preparers, unlawfull law practitioners, or notarias (Pare el Fraude Notarial!). Immigration lawyers can advise you on the steps to prepare to become legal through USCIS or in immigration court.... Read More

  I would urge you to consult with and hire an immigration lawyer to assist you with this case, in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result. There are simply too many Qs to ask of you and your spouse and it cannot be done on this forum. I assume that you are a US citizen and have medical hardships - these factors may help in getting your husband back to the USA from th his processing at US consulate Ciudad Juarez - He will not be able to get a green card inside the USA.  ... Read More

Generally speaking, US immigration law does not allow employment authorization for humanitarian situations where there is no other basis for its allowance. If you are eligible for other types of application such as nonimmigrant or immigrant visas that allow an employment authorization or for political asylum, you may be able to obtain an EAD (employment authorization document).Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (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 More

You may apply for refugee status if outside the U.S. You can only apply for asylum if in the U.S. or at one of its borders. To request refugee status, you need to contact the UNHCR. You can read more about asylum and refugee status at http://myattorneyusa.com/asylum-and-refugee-protection.... Read More

Hello,   Yes,  a DUI within the 5 years before you file for citizenship may have an effect on your application. The USCIS officers will look to see if you have "Good Moral Character" particularly within the 5 years before your citizenship application. I would suggest you retain an attorney should you wish to move forward with your application. You may find a lawyer by looking at the lawyer directory here at Lawyers.com or contact your local attorney referral service in your city. Good Luck.... Read More