Alabama Immigration Legal Questions

Dear Prakash:  If you've been outside the US for at least one year then your 6 years will start over.  If the new employer is cap-exempt then the employer can file now for a new H-1B.  I'm not certain where you were from 2007 to present but it doesn't appear that you need ato recapture any remaining time? Pam Barnett  ... Read Answer

Your child had to have been out of status on the effective date of the rule--June 15, 2012.  Falling out of status after that date won't help.  Just to clarify, the program is called Deferred Action for Childhood Arrivals.  It is not the Dream Act (which never passed Congress).  Just so you know, your child can avoid deportation by leaving the country once his status expires.  Your child would be able to return immediately in any status for which your child is currently eligible.  Your child does not need the benefit of deferred action, which helps most those who would be barred from returning if they ever left the US.... Read Answer

You did not specify how your husband entered the United States. If he entered "undocumented" (people refer to this as "EWI" or "not inspected" also), then he will have to process his immigrant visa through a US Embassy in his country of origin. However, if he entered with a valid passport/visa and was inspected by an immigration officer at an airport or land entry, then he can apply to adjust his status here and the provision waiver program would not apply to him. If he did enter undocumented, I would be certain that he did not enter the US more than 1 time. If he has, he might be ineligible for an immigrant visa for 10 years. This particular provision cannot be waived and requires that the person reamin outside of the United States for 10 years. On the other hand, if he is eligible for the provisional waiver, those can be filed starting March 4. Also, you will want to notify the National Visa Center (NVC) that he intends to file the provisional waiver by emailing them at NVCi601a@state.gov. Check out the link at http://travel.state.gov/visa/immigrants/nvc/nvc_5837.html to see what you need to include in such an email. The waiver for unlawful presence is dicrectionary, meaning that USCIS does not have to grant it. You have to show that your husband's not being granted the waiver will result in extreme hardship to you, his spouse. Children do not directly factor into a decision to grant a waiver. The 5 generally accepted factors for waivers are: 1. Your ties to the US 2. Your ties to your husband's country of citizenship 3. Economic hardship 4. If you have any chronic/severe medical conditions that require regular medical treatment that is otherwise unavailable or less available in your husband's country of origin 5. Current conditions in your husband's coutry All of the documents you file in support of cush claims are weighed together. I also, in preparing such waivers have the US Citizen spouse talk about why you cannot move to the spouse's country of origin. It is my hope that when the provisional waiver program goes into effect, we will see high rates of approval. However, it is hard to say since the waiver, by its nature, is discretionary.... Read Answer

It sounds like you filed I-765 paperwork to obtain an Employment Authorization Document (EAD card) based on eligibility for Optional Practical Training (OPT). Normal processing for an I-765 is about 60 days. If your case is delayed or you need expedited processing, you should meet with your Designated School Official (DSO) to see if they can make an inquiry to U.S. Citizenship and Immigration Services (CIS) on your behalf. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

The most recent State Department report on religious freedom in Egypt appears to support your position that converting from Islam to Christianity could prove a basis for asylum: http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm#wrapper However, you would be well-advised to consult an experienced immigration practitioner to consult with regarding your case. The asylum officer is likely to scrutinize the authenticity of your conversion to Christianity. If you file now while you are still in valid non-immigrant status, that would be a good idea (assuming that an attorney agrees that you have a valid basis to apply for asylum).... Read Answer

Hello,  Since your question is about working in Kuwait, it would be a good idea to contact the Kuwait consulate for the contact information of attorneys who specialize in Kuwait immigration law. The attorneys would be able to advise you as to whether can still obtain a work visa or if you need to file a waiver.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen www.emenikelaw.com... Read Answer

Section 204(c) of INA basically says that you cannot have a visa petition filed on your behalf approved if you previously had a visa petition filed on your behalf denied due to a finding of marriage fraud.  Whether there is any hope for you depends on whether you have proof that the alleged fraudulent marriage was not fraudulent.  You may have an opportunity to present evidence in your favor at a hearing on the second marriage petition.  On the other hand, if you admitted the marriage was for convenience, and thus fraudulent, and you have no evidence that you were coerced into making the statement, and you have no evidence of the bona fides, then in fact you may be without hope.  I urge you to consult with a competent immigration lawyer who can review all the facts of the case and maybe represent you going forward.  Good luck.  Michael Shane, Florida Bar Borad certified Immigration Lawyer  www.shanelaw.com  Ask a Lawyer Panelist since 2002.... Read Answer

If you have two prior marijuana possession charges, chances are very high that you will require a non-immigrant waiver in order to enter the U.S. as a visitor. For a variety of different reasons, many foreign nationals find themselves inadmissible to the U.S., includuing prior drug convictions. Inadmissible individuals cannot even enter the U.S. for a short shopping trip or even in-transit to another destination.  Fortunately, however, most inadmissible foreign nationals can overcome their inadmissibility in order to enter the U.S. on a temporary basis by applying for a nonimmigrant waiver pursuant to section 212(d)(3) of the Immigration and Nationality Act ("INA").  You will likley need to apply for a visitor visa and non-immigrantw aiver at the U.S. Consulate.  For info on that process see: http://www.borderimmigrationlawyer.com/form-i-192-nonimmigrant-waiv/ (See section entitled  INA § 212(d)(3)(A)(i) Waivers - Applying for a Nonimmigrant Waiver at a U.S. Consulate) You should consider consulting with an experienced immigration attorney regarding your potential inadmissibility and chances for obtaining a non-immigrant waiver. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

When you entered the U.S. with your B-2 visa, you were issued an I-94 form which should have been stapled into your passport.  The I-94 form has an expiration date which means you can stay in the U.S. legally until the expiration date.  It is possible to extend your stay by filing an application with USCIS before your I-94 expired.  If you did not file an application to extend your stay, you fell out of status when your I-94 expired and your B-2 visa stamp was automatically revoked.  In this case, you would not be able to use the B-2 visa to enter the U.S. If you were granted extensions of stay for the whole two years that you were present in the U.S., you can return to the U.S. with the valid B-2 stamp in your passport.  You should present copies of the approval notices for the requests of extension of stay when you enter the U.S.   Good luck, Mark... Read Answer