Arkansas Immigration Legal Questions

Age‑discrepant marriages are subject to strict scrutiny for obvious reasons, and USCIS will examine the bona fides of the relationship closely. The best way to maximize the chances of approval is to retain an experienced immigration attorney to manage the case from start to finish. You should also be aware of the USCIS directive issued last week, which represents a significant shift in agency policy. Under this new guidance, marriage‑based adjustment of status will be approved only in extraordinary circumstances. You should consult directly with an immigration attorney to understand precisely how this policy change may affect your case.... Read Answer

Good question. I am of the opinion that this can be done, but there is of course the issue that you are applying for an extension of a visa status under which you are supposed to still be maintaining nonimmigrant intent. There is a good possibility that USCIS will flag you and the company on the issue, and the company would have to give a response. But in the meantime, you would have extended work authorization by having timely filed a TN extension with USCIS. Hopefully, your EAD is approved prior to your expiration so that you do not have to make a choice of either doing the extension or stopping work for a period of time. I do not believe that this would adversely affect the I-485 as long as the adjudicator is reasonable. Good luck. 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 Answer

You can reapply for the visa, be honest throughout the complete process, and hope for the best. You have not stated what kind of visa you are trying to renew, but you should check the documentary requirements to also ensure that you have all the required documents for interview. Other than repaying the amount shoplifted and a fine, some evidence of rehabilitation may be helpful if you have done any voluntary acts or attended classes showing a desire to keep yourself or others from committing acts of shoplifting. 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 Answer

A US Citizen girlfriend can sponsor her boyfriend for a green card after marriage. If you do not make enough money to financially sponsor him, mom can act as a joint financial sponsor. Work with an attorney to make sure the case is handled correctly. Some of us charge an affordable flat rate fee to handle the case from start to finish. ... Read Answer

OK so if you have surrendered your green card six years ago, then it will be very difficult for you to get a reinstatement. It is more than likely that you will have to begin the process of obtaining permanent residency all over again. Retain counsel in any state to discuss your case and for possible representation.... Read Answer

Even if the I-539 extension application is in review, you should either leave the US prior to the time that you requested or file a further application for extension of stay. Leaving the US before the time expires that you requested should have no adverse consequences to your immigration nor affect your visa in the future. You should, however, remember that you are only a visitor to the US and should properly space your next trip to the country. 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 public charge rule became effective on October 15, 2019. Therefore for purposes of the I-539 form, any public benefits received prior to the date are not relevant and you are not required to report them on the form. In addition, Medicaid during the time of pregnancy only is not considered a benefit subject to the public charge bar. 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 should check with an immigration lawyer to ensure that your offense was not an aggravated felony or that you would be deportable. If not, you can apply five years after the date of commission of the offense or three years if married to a US citizen. You should include proof of any acts of reform or repentance that you have had since committing the crime. 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 January visa bulletin allows individuals to use the final action date if it is more advanced than the dates for filing chart. Although you mentioned China and India, the F-2A final action date category for all countries is current. You can proceed with filing the I-485 application at this time. 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 mother becomes a citizen at this time, she can petition for her married daughter again under the F-3 category for married sons and daughters of US citizens. However, this would be a new petition with a new priority date, and the F-3 category is backed up about 13 years. If there is another way for the daughter to immigrate, perhaps she should choose that instead. If not, the mother should file the petition as soon as possible. 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

A US citizen can sponsor his sibling but the wait time is very long. Siblings are not considered immediate relatives like spouses, parents and children. You wouldnt be able to petition him anyway, as he is not youir brother-that would have to be done by your wife, but as I said the wait time is very long. To determine the wait time, go to the State Dept. web site to see what applications are currently being processed from the Phillipines and it will tell you when those i-130's were filed. Good luck. ... Read Answer

One charge of public intoxication would probably be okay, but a history of more than one could be problematic for visa issuance. Consuls have been known to take intoxication very seriously and deny cases on health-related grounds that the person has a mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the individual or others. 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

In your situation, you now appear to be on the right path to have your son join you in the US. However, your priority date for your son is not yet current as your I-130 was filed on 4/4/17 and the December 2018 visa chart discloses that immigrant visas are only being given to those who filed before 10/8/16. In the meantime, the petition which was approved on 8/23/18 should already be at the National Visa Center (NVC), and you should shortly receive instructions concerning payment for the affidavit of support and immigrant visa. Once the fees are paid, the NVC will release instructions concerning the filling out of and submission of the I-864 affidavit of support form and DS-260 application for immigrant visa. It will also state the documents which are required which include copies of your son's birth certificate, passport with at least 8 months validity, and your financial support documentation such as job letter, banking statements, proof of recent pay, and tax return. If you are not able to financially support your child, you are allowed to have a joint sponsor who can take up the support obligation by filling out another I-864 form and giving the above documentary proof of ability to support and US citizenship or permanent residence. If living in the same household, e.g. your father, he would not have to fill out a new I-864 form, but could fill out the I-864 A form for household members. 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 on the basis of your having two children in the US, please note that US immigration laws do not allow permanent residence based upon having young children born in the US.There is the so-called ten-year green card, but that requires 10 years residence, good moral character, and that you prove exceptional and extremely unusual hardship to the children if you have to leave the US. In addition, that type of application is for people who are illegal, and is requested before an immigration court, not U.S.C.I.S There are many difficulties in getting such a case before the immigration court.  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 may need to hire two separate attorneys; one attorney to assist you with immigration and another to assist you with the family/matrimonial law issues. You will need to look locally if you want an attorney who handles both as divorce law is a matter of state law. You will need to hire someone admitted to practice law in Arkansas. You can use the find an attorney feature on this site to help you find attorneys in the area.... Read Answer

Lawyers do not belong to a union and so there is no fixed scale of which I am aware. Good lawyers of course are paid more than not so good lawyers. So it is difficult to state how much lawyers (and I assume you mean immigration lawyers since this is an immigration column) earn per hour. Also many immigration lawyers do not charge by time, but by a flat fee depending on the type of case.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 you need to start working by July or August and are getting married in March, I will assume that your J-1 will continue with Marshall University and that the H-1B will be with the University of Arkansas. So if you intend to continue your J-1 with Marshall University when you return, the appropriate visa would be the J-1 even if the H-1B petition is still pending or approved. To meet the timeline of July or August, the University of Arkansas could file your H-1B petition in April and hope to have it approved in time. The University would be filing at the Vermont Service Center which is presently processing cases received by 4/11/16. It could also request premium processing (if the case is pending and the time is near) under which U.S.C.I.S. will reach the petition for adjudication within 15 calendar days for an additional fee of $1225 and the filing of form I-907.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 will depend upon the exact circumstances. If the alien can establish he/she did not intend to marry at the time of entry, the application for adjustment of status should be approved assuming he/she can establish the marriage was entered in good faith. If, however, the alien intended to marry at the time of entry, he/she could be denied adjustment of status, found to have made a material representation, and removed from the country. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You may or may not have a deportation order. If you have an alien number, you can check by calling 1-800-898-7180. This is an automated case information system provided by the immigration court. You should strongly consider consulting an attorney about what can be done. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer