Arkansas Immigration Legal Questions

You do not initiate the visa process. Your mother must apply for a visitor visa. She starts the process by completing a DS-160. Whether she will be issued he requested visa will depend upon the reason for her trip and her ties to her native country. You can read more about visitor visas at http://myattorneyusa.com/visiting-the-usa-on-visa-waiver-program-vwp-and-b2-visas.... Read More

I will assume by the words in your summary that you are a US citizen. If so and your husband entered the country legally and has no bars to immigration such as crimes or fraud, you and he could file papers to U.S.C.I.S. to adjust his status to permanent residence. The basic forms are form I-130 petition for alien relative which would be signed by you, and form I-485 application to adjust status to permanent residence which would be signed by your husband. A complete list of the required forms and documents and where to send them to is on the U.S.C.I.S. website at uscis.gov. If your husband entered the US illegally and does not have the benefit of section 245(i) which allows most undocumented immigrants to adjust status upon the payment of a fine amount of $1000 if they had a labor certification or immigrant visa petition filed by April 30, 2001 and were physically present in the US on December 21, 2000, you could explore the Administration's I-601A program under which you would file the I-130 petition, and upon its approval, your husband would file for an I-601A waiver of his illegal time in the US. The standard for the I-601A waiver is whether a denial would cause extreme hardship to you. If the waiver is granted, your husband could then arrange for an immigrant visa interview in his home country, which would in all likelihood be normal. When approved for the immigrant visa, he would normally be back in the US within 1-2 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 More

Just because your fiancé has a passport, ID, and ITIN does not mean that he has the right to work. The business owner that you know may run afoul of the immigration laws on illegal employment if he hires your fiancé if your fiancé is not authorized to work. You may wish to have your fiancé meet with an immigration lawyer to go over whatever options that he has pertaining to his ability to obtain work authorization or any other immigration benefits in the US. 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 More

Is the sponsored alien required to come in and provide sworn testimony in order to be examined? Or is it you, the petitioner that is being required to come in to the consulate? Your question is not clear. Either way, it appears that more information documentation and background is required of both of you at the consulate.... Read More

If your mother has no disabilities, e.g. fraud, misrepresentation, criminal acts, or prior deportations, and if she is overseas, you can file an I-130 petition for her, and she would be consular processed at the American Consulate or Embassy in her home country. If she is here in the US and entered the country legally, you would file the I-130 petition and she would simultaneously file the I-485 application for adjustment of status. If she has none of the above conditions that would prevent her from immigrating, U.S.C.I.S. would likely approve the application. If she entered the country illegally and has been here for over one year, it would become a more difficult situation for her to get the green card. In such case, you may certainly wish to have your mother obtain a consultation with an immigration lawyer.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 More

If your husband has a willing friend or relative who can be a cosponsor, that would suffice as long as it is a credible offer of sponsorship. Your husband probably knows friends and contacts through his schooling. If he wishes to remain legally past the time of his OPT, he could reregister as a student at his last institution or another one that is willing to accept him. With more time, he may be able to find a job or you may find one also. I also note that the law allows a person who is not in status like your husband to still obtain adjustment of status to permanent residence through a US citizen spouse as long as otherwise qualified. 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 More

Not a problem unless your convictions are for sex offenses. The Adam Walsh Act bars sexual convicted offenders from petitioning. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read More

He will need to file two separate I864 forms. One for you and one for your wife, his mother. In oen of teh form, he, in his caculations should reply on te household alone while in the second form, include number one in the immigrants previously sponsored in the calculations of the houshold.    I864 and How to fill it out. ... Read More

It is difficult to say why this is happening to your son’s case. A 221G letter is given for many reasons even though its specific language says that the case is missing documentation. Usually family-based cases that are returned to the States are transited through the NVC. Perhaps that is your son’s situation. In that case, U.S.C.I.S. would ultimately reach your son’s case to see the basis of any objections from the Embassy. It would then either reaffirm its approval of the case or send a notice of intent to revoke to you in order that you can respond to its concerns. 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 More

Your daughter cannot get into trouble by getting into a relationship with an undocumented immigrant. That is, unless she commits crimes with him. In answer to your question as to how your daughter’s boyfriend can be deported, I note that before he is deported, he would be afforded due process under U. S. immigration laws. An undocumented immigrant who is caught up in immigration proceedings may first have his case considered for prosecutorial discretion by ICE, then afforded a hearing before the immigration court if there is no agreement for prosecutorial discretion.  If the decision by the immigration court goes against him, he is entitled to appeal his case to the appellate authority of the U. S. Justice Department and later to the federal courts. 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 More

Hello,   You can get information about the type of visa that you would need to travel to India by contacting the Indian Embassy or Consulate here in the U.S. If you search on the internet, you will be able to find the website and phone number of the nearest consulate. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read More

B1/B2:  Since she is planning on marrying you in the U.S., she cannot come under the nonimmigrant B2/B2 visa.  Why?  Because the B1/B2 visa is a nonimmigrant visa, which requires nonimmigrant intent - return to her country.  Since she is planning on marrying you, she has immigrant intent - she will NOT return to her country but stay in the U.S Since you are not yet married, the K-1 fiancee visa is he way to go.    ... Read More

I do not believe that your payment of a fine constitutes a conviction. A conviction is a pronouncement of guilt by a judge or jury. The informal setting of paying a ticket would not seem to qualify. 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 More

If you are divorced, the chances are that you can file an I-751 successfully by yourself if you have the baby and explain to U.S.C.I.S. the reason for which your marriage failed. The agency only looks to see whether there was a bona fide marriage. According to the facts as you relate them, your marriage was real and there are legitimate reasons for which it has failed.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 More

Two things, my friend.Have you physically met your fiance and what information do you have on their family and background etc.Things are not always what they seem in long distance relationships.You should consider taking a trip to Ghana before you ask them to (a) marry you (b) come to you in ghanna.... Read More

I will make two assumptions in answering your question. The first is that the beneficiary is overseas since there would be no need to add a child who is born in the U.S. since the child is already a citizen by birth in this country. As the I-130 petition was already approved in 2010, and the beneficiary is under the F-3 category as the unmarried son of a U.S. citizen (which category is currently backlogged to May 20, 2002, for most of the world except Mexico and the Philippines), I will also assume that the beneficiary's priority date is not close to becoming current. If that is the case, the approved petition is most likely with the National Visa Center (NVC). The NVC is the holding facility for consul-bound cases after petitions are approved by U.S.C.I.S. and are kept there until priority dates are close to becoming current at which time they are sent to the appropriate American consulates or embassies for immigrant visa interview. Either petitioner or beneficiary or legal representative can request the NVC to add the child onto the beneficiary's case. Such can be done via a letter to the NVC and proof of the child's birth. The address of the NVC is: National Visa Center 32 Rochester Avenue Portsmouth, NH 03801-2909 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 More