Arizona Immigration Legal Questions

Hello,   You may remain in the U.S. while your application is being processed but if it is denied you would lhave been out of status from the time your current H-4 visa expired, and this may have negative impacts on future visa applications. I would suggest that you speak to the attorney that filed for your H-4 visa extension to discuss your best option. Good Luck.... Read Answer

Hello. It can take 9-12 months to process. You can file as soon as you obtain the marriage certificate. There are many aspects and applications with the process.  Here is a general timeline: 1.      I-130 will be process in approximately six (6) months by the USCIS. (If it does not process within the USCIS posted timelines, we can follow up and send inquires after 60 days passed their posted processing date). Within 45-60 days after the approval, the National Visa Center (NVC) will send the fee bill ($445) to proceed with the online application and financial support documentation.  While we wait for this bill, we will prepare the package so it is ready to go after we get the bill. However, we cannot process the online application (DS-260) without the bill.   Once, we submit the DS-260 and all original certificates, financial support, etc., we wait for the U.S. Consulate to schedule the interview. This can range from 1-4 months and depends on the activity of the Consulate and the NVC.... Read Answer

There is no category under U. S. immigration laws for a U. S. citizen to petition for or bring in a godchild to live with that individual. If she is educated or has past experience that could be the basis of an employment based nonimmigrant or immigrant visa, perhaps those are areas to be explored. 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

It is difficult to assess what can be done without actually reading the decision. It will depend upon whether the BIA remanded the case to the immigration judge for further consideration or directed your return to custody. If the matter was remanded, you may be able to submit additional information to overcome the grounds for reversal. You may also be able to speak with ICE about remaining out of custody. ... Read Answer

Are you working with an attorney? Even if DHS wants to deport you from this country, you are typically entitled to a hearing before an immigration judge where you can seek asylum or withholding of removal. The request is filed on Form I-589. Did you file a Form I-589? You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection. You may be able to seek asylum in Canada. You would need to speak to an attorney who is licensed to practice law in Canada. This forum is designed to answer questions about United States immigration law. ... Read Answer

Given the information provided, your chances of returning to the U.S. in the near future are slim. You would be barred from admission for accruing more than a year of unlawful presence. This bar is for ten years and begins to run after you have left the country. There is a limited waiver but you must show extreme hardship to a qualifying relative.  The other issue is your criminal matter. You need to resolve this issue. Depending upon the severity and outcome, you may have other bars to admission. Get in touch with a criminal lawyer in the area where this arrest occurred to straighten out the matter.  Your son may be able to eventually petition for you once he reaches 21. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

A United States citizen may stay outside the country for as long as he/she wishes. Your daughter should be able to apply for a new passport at the consulate. She should check the consulate's website to see what documents are needed. She may need to provide a police report regarding the lost passport. ... Read Answer

Starting with a lawyer who is conversant with immigration law is a good place to start. The proximity of a lawyer to you in an employment based case is not very relevant. Most applications are remotely processed and not handled by the local field offices of U.S.C.I.S. Nonimmigrant work cases are usually taken care of by one of the regional service centers of Immigration and permanent labor certification cases are for the most part e-filed and adjudicated by the Department of Labor in Atlanta. So pick a lawyer in whom you have some confidence regardless of the physical distance in miles between you. 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 process would depend upon the qualifications of the young man, your business, and your aims. He may be eligible for a nonimmigrant visa or permanent green card depending upon the above. You should seek a consultation with an immigration lawyer to go over the options. 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

Bith your mother and your husband may be able to obtain residence through you. You could petition for your mother. However, it is not clear if the petition would be approved. You mentioned you mom has a felony. Some convictions make a person inadmissible. This means that even the petition filed for is approved, she would not be given a visa. It does not matter how long ago the crime happened. More specific information is needed about her conviction to make an assessment.  You can petition for your husband. Unfortunately, he may have to return to Mexico to obtain his green card depending upon his manner of entry. If he entered the country without inspection, he cannot adjust his status to lawful permanent resident in the United States. He would need to depart the country and obtain an immigrant visa abroad. You can minimize the delays and risks through the provisional waiver program. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Are you applying for an immigrant visa on behalf of your spouse or are you the one who the petition is being filed for? If you are petitioning for your spouse, your convictions are not likely to bar  your spouse from receiving an immigrant visa. Your spouse should no about your criminal history though. If, however, the petition is being filed for you, stop. You will not be eligible for a green card. In addition, filing the petition could result in the initiation of removal proceedings against you. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is m unlikely this ticket will impact your immigration status. However, without actually reviewing the document to determine what specific statute you are charged with violating or the potential sentence, a definitive assessment cannot be made. You can read more about criminal convictions and immigration at http://myattorneyusa.com/criminal-aliens.... Read Answer

You first must be the beneficiary of an approved immigrant visa petition. An immigrant visa petition must typically be filed by an employer or family member. The process will vary depending upon who filed a petition on your behalf. You can read more about inmigrating to the United States at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

Possibly. A United States citizen can file an immigrant visa edition on behalf of a parent if he/she is at least 21 years of age. Assuming you are at least 21 years of age, the next question would be your mother's eligibility for a visa. To assess her eligibility, I would need to know more about her immigration history. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The initial question is whether U.S.C.I.S. would see any refiling as cap exempt since your initial date of working under H-1B status was January 2006, over 10 years ago. The question for U.S.C.I.S. is whether such a petition filed over six years ago should be given standing to support a new petition under the old cap. The question is unresolved at this point, and adjudications with the agency appear to go both ways. Assuming that the adjudicator decides that your new petition is cap exempt, your new petition while in the US can ask for a change of status at the same time as long as you are still in legal status at the time of filing. Once approved, you are not required to leave and come back to the US to begin working. You can work upon the change of status being granted.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

There are many reasons a person may require a waiver. A waiver is needed to cure an immigration violation that would otherwise prevent you from entering the United States. It cannot be determined why you required a waiver. Could you provide more information about your immigration history? ... Read Answer

Honestly, hiring a foreign worker to be a nanny is an extremely difficult, time consuming, and expensive process. This is mainly because it difficult to establish that there is no United States citizen or permanent resident qualified for the position. You can read more about both nonimmigrant or immigrant visa options at http://myattorneyusa.com/employment-immigration and http://myattorneyusa.com/work-visas.... Read Answer

Your nephew needs to establish he will become a public charge. This is typically done by having sufficient funds available to cover the expenses of a trip to the United States. There is no set number amount required, but if your nephew cannot establish how he will be able to stay in the United States he could be denied entry. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

The tourist visa is not a springboard which individuals should think that they can conveniently use to obtain permanent residence status. To DHS, the thought that someone would have the idea to permanently immigrate and have this intent prior to entry on a tourist visa is anathema as constituting abuse of the visa. Since you have so definite a plan to marry, the recommended path here would be for you to file a K-1 petition for her as a fiancée on form I-129F to have her come over on the proper visa. You would then have 90 days to marry once she arrived. K-1 visa processing takes approximately 6 –9 months. 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

If your wife has been granted a green card, then she has permission to stay in the US permanently. Depending on when she was granted her green card, she may be eligible to apply for US citizenship. If she does not have a green card, you should begin the process of applying for her. Please contact me if you wish to move forward with either citizenship or the green card process. ... Read Answer