Arizona Immigration Legal Questions

As your fiancée left the U. S. on voluntary departure, he is not barred from returning to the U. S. That being said, he needs at the very least another visa to return to the U. S. (if he did not overstay by 180 days) since his overstay automatically invalidated his tourist visa. He would have to explain his circumstances to the American consulate or embassy officer, and it would be up to him or her as to whether to give another tourist visa. A major question at such interviews is whether the applicant has nonimmigrant intent, and the fact that he is engaged to someone in the U. S. is an unfavorable factor in the adjudication. If he overstayed by 180 days, he is barred from returning for 3 years, and if the overstay was a year or more, the bar would be 10 years.  He could request a nonimmigrant waiver of the bar(s) after refusal at the consulate or embassy, and it would be up to the consular officer whether to recommend him for a waiver to USCIS.  If you are a U. S. citizen, you can file a K-1 fiancée visa petition on his behalf and he would be interviewed in his home country in approximately 9 months. If you are a lawful permanent resident, you can marry him and file an I-130 Petition for alien relative for him to immigrate. Such process would take approximately 2 years if all goes well. Finally if he overstayed for long enough to incur the bar(s), those timelines do not apply and he would need a waiver of inadmissibility based on extreme hardship to a US citizen or LPR spouse or parent if he wanted to immgrate prior the 3 or 10 years.  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 Answer

You appear to be very concerned about the money that will be involved with the baby being born in the US without insurance. That being the case, and unless you are dead set on having the baby born here, perhaps it is better that the baby be born in China. I assume that you can marry at any time, perhaps even now, and then begin the I-130 petition process with the idea of a final interview at the American consulate in Guangzhou.  Such would probably take about a year. That would likely give enough time for your wife to give birth and recover so that she would be able to gather the documentation and appear for an immigrant visa interview overseas. The timing should also give you time to prepare for a life with your wife and the child. 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 Answer

The processing times of U.S.C.I.S. are an approximation, and many cases are called to interview before the end of the stated processing periods. That being said, even if the true processing time in your case is 20 months, U.S.C.I.S. would not expedite your case unless it was emergent. Obtaining a Social Security number can be done without having an approved case. If you file for employment authorization on form I-765 Application for Employment Authorization at the same time that you file the I-485 Adjustment of Status Application To Permanent Residence, the agency will normally process a work authorization within 3-6 months. With a work authorization card, you can apply for and obtain a Social Security card within a month. 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 Answer

Being detained by Immigration will usually make a petition for fiance visa or permanent residence harder than usual. Whether you can still apply for a fiancé petition will depend upon what happened or happens when he is detained by DHS. You may wish to consult with an immigration lawyer with full details of everything that has happened to your boyfriend. If you have papers, you should bring them along to the consultation.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 Answer

What issues are you having regarding immigration law in regards to your retirement from USA to Spain?  Feel free to give us a call for a free consultation.  Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in Arizona.... Read Answer

A  section 212(h) waiver for which you have filed the form I-601 will not forgive a crime involving drugs except for possession of 30 g or less of marijuana for personal use. I do not imagine that you would win on appeal or by filing a motion to reopen or reconsider the denial unless that was the offense for which he pled or was convicted. 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 Answer

Banking statements are not generally required as part of the naturalization process. They may be relevant in cases involving naturalization in three years on the basis of marriage to a US citizen where individuals must show that they have been constantly residing with the US citizen spouse. But even in that case, sporadic joint banking statements covering the three years would be one of the acceptable proofs to show constant living together.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 Answer

An issue of intent may be relevant in your fiancé case. If she travels on a tourist visa but then gets married to you, she can still adjust status but the interviewing officer at your adjustment interview may ask her tough questions about her intent when she entered the country. Hire counsel to process the case.... Read Answer

Whether you are allowed to obtain a tourist visa to visit your wife is a decision of the US consular officer when you make an application. The question is whether you would be trustworthy enough upon your assurance that you would return to India once the period of visit is over. If you decide to apply for a visitors visa, you should certainly put down on the visa application that your wife is in the US and has applied for you on a visa petition.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 Answer

Your friend has to fight because the government sometimes thinks that the documents are forged or that correct documents wind up in the hands of another. There are unfortunately many instances these days of US citizens being detained for long periods of time while they try and prove that they are indeed US citizens. The age of Trump has given ICE more of a free rein over how to enforce the immigration laws than ever before.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 Answer

Who knows what the Trump administration will try next? However, that being said, your situation under current law should not preclude you from having your green card renewed. 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 Answer

This situation could present problems and so is not recommended. A consular officer upon your notice that you actually wish to work for employer number two would likely tell you that you should wait until the H-1B for the second employer is approved before requesting the H-1B visa to be put in the passport. On the other hand, if you do not inform the consular officer of your plans and are given the visa and do not work for the first employer when you return to the States, you could be subject to a later charge of misrepresentation. You may wish to have a resolution one way or another before leaving the US for a visa interview. Premium processing is always available with U.S.C.I.S. for the fee of $1225 under which the agency will reach your case for adjudication within 15 days.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 Answer

Both you and your friend can stop the process by withdrawing your affidavits of support. This can only be done if the green card application is still pending. If his green card application is already approved, neither you nor your friend can withdraw the affidavit of support. You will neeed to contact USCIS to withdraw the affidavit of support. You can read more at http://myattorneyusa.com/family-immigration.... Read Answer

It is unlikely you will be able to help them immigrate. Only certain persons can petition for an alien to receive an immigrant visa. You can petition for a spouse, parent, child, unmarried son/daughter, or sibling. You cannot petition for a cousin. Your parent would be able to petition for his/her sibling. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Your husband may or may not be taken into custody and his removal proceedings reopened. It will be up to Immigration and Customs Enforcement as to whether to reopen the removal proceedings and push for your husband's removal. You can read more about removal proceedings at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

There is nothing that precludes a permanent resident in Arizona from moving to California and applying for citizenship there. There is, however, a 90 day state residence requirement before you can file for naturalization.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 Answer

You need to either file a motion to reopen or reapply. Whether a motion to reopen is appropriate will depend upon why you missed the interview. I encourage you to consult an attorney. In the interim, you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You should start by contacting the Guatemalan Consulate. The Consulate may be able to give you an overview of the process. If not, you would need to contact either the agency that oversees the issuance of marriage licenses and certificates or an attorney licensed to practice law in Guatemala. ... Read Answer

Your grandpa will not be issued a U.S. Passport unless he is a citizen. He may be able to come for a visit if he obtains a visitor visa. Based upon the information provided he will likely need an INA 212(d)(3) waiver. He will also need to establish ties outside the U.S. I would encourage you to discuss the matter with an attorney. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

It is not advisable to seek an H-1B transfer while an extension is pending. It would be best to seek premium processing of the extension before seeking a transfer. You should speak to the attorney who will be handling the transfer about how to best proceed. You can read more about H-1B visas at http://myattorneyusa.com/work-visas.... Read Answer