Arizona Immigration Legal Questions

Your wife can change to H-4 as that does not count against the 6 years. When the I-140 petition is approved, she can apply for H-1B change of status. If she is out of the country, she can apply for H-1B petition, pointing out that the I-140 petition is already been approved. Once the petition is approved, she would then be processed for H-1B visa by either an American consulate or embassy if she requires a visa or entry if Canadian by Customs and Border Protection (CBP). 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

U.S.C.I.S. can grant a waiver of time for spouses of U. S. citizens in special classes including where both parties are abroad and the U. S. citizen is working for a U. S. company engaged in whole or in part in the development of foreign trade and commerce of the U. S., or in the employment of the U. S. government, or of an American institution of research recognized as such by the Atty. Gen., or of a public international organization in which the U. S. participates by treaty or statute, or is authorized to perform ministerial or priestly functions of a religious denomination having a bona fide organization within the U. S., etc.  The U. S. citizen spouse must be regularly stationed abroad in such employment, and the applicant must be in the U. S. at the time of naturalization and declare in good faith an intention to take up residence within the U. S. immediately upon termination of such employment abroad of the citizen spouse. 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 can send in your pay stubs to show more evidence of your residence in 2008. If you have nothing else, you may also be able to send U.S.C.I.S. affidavits by individuals who can attest to your residence in the country during that year. DACA allows affidavits to fill in gaps. The affidavits should be by at least 2 persons who have direct knowledge of your whereabouts in 2008. 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 could conceivably be difficulty at an adjustment of status interview if the applicant does not have the I-94 card. Although the US government is attempting to abolish the need for I-94 cards in the future, USCIS officers have largely been trained to look for I-94 cards as part of the adjustment of status process. I suggest that your wife file for a replacement I-94 on form I – 102 and show the receipt to the officer at the interview if asked and your wife does not yet have a decision on the I – 102. 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 the 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 I-130 does not require proof of entry.  Many are filed for relative overseas.  The I-485 requires proof of lawful entry.  You should be able to request copiers of the CBP's record of entry And provide that at the adjustment interview.  I can help you obtain proof of entry for a fee.... Read Answer

Here is a link to more information about children who may derive citizenship from one or both of their parents. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD... Read Answer

Section 212(a)(9)(B) imposes a three or ten year bar from admission to the US on an applicant who has accrued more than a 180 days but less than a year of unlawful presence (3 yr bar) or one year of unlawful presence (10 yr bar).  The bar does not apply to persons who accumulated their unlawful presence while under 18 years of age, as long as the last entry was with inspection and admission which you indicate was the case.  If the person entered without inspection, on the other hand, then there would be a bar and it would not be 3 or 10 years, but permanent.  From the facts as you relate them, this is not the case, but please be careful that you provide the facts accurately to whoever assists you, whether it is our office or another, so that you do not have unforseen problems. If you wish a=our office to assist you with this, please feel free to contact us at (619) 291-1112.   Sincerely,   Jan Joseph Bejar, Esq. For: JAN JOSEPH BEJAR, A Professional Law Corporation... Read Answer

If your wife has no US citizen qualifying relatives to sponsor her she will most likely need a US employer.  The most common route will be through the labor certification process.  Visas are backed up for years for those holding only bachelor's degrees.  If your wife has either a master's or at least 5 years progressive experience after the bachelor's in her profession she may qualify for the faster second preference category.  But of course she still needs a permanent job offer.... Read Answer