Arkansas Immigration Legal Questions

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 Answer

Hello. He would need to get that divorce first. He may try and get it done in the US with the cooperation of his wife or she could do it from Mexico without him going. Once he is divorced, you may marry and process his green card. It is normally OK if he overstayed, however, it will depend on the type of visa and any other immigration issues he may have had while in the US. In addition, you may petition the son as a step-child. If he is still in Mexico, he will need to go through consulate processing after the case is initially approved in the US. We can help with all these processes. Feel free to email or call if you have additional information or would like a free consultation. Harun@ksvisalaw.com 858-874-0711.  ... Read Answer

In general, failing to register for Selective Service may lead to a denial of the N-400 naturalization paperwork. Cyrus Mehta has written  a good synopsis of the issue:  The law requires male USC or LPR resident (except those on nonimmigrant visas) must register for selective service between 18 and 26 years of age. Failure to comply with this selective service registration requirement is a ground for denial based on a lack of good moral character if the person knowingly or willfully failed to register. According to an INS General Counsel Memo, failure to register raises concerns regarding good moral character, attachment to the principles of the Constitution, and being well disposed to the good order and happiness of the U.S., as well as the requirement that the applicant must be willing to bear arms on behalf of the U.S. when required by the law. An individual between 18 and 26 years of age who has failed to register would be denied naturalization. Individuals between 26 and 31 years of age who failed to register risk denial based on lack of good moral character unless the failure to register was not knowing and willful. For individuals over 31, the failure to register would be outside the 5-year period for good moral character, but USCIS would want to be satisfied that the applicant is currently a person of good moral character. See: http://www.cyrusmehta.com/Sub_Cyrus.aspx?MainIdx=ocyrus200591755244&SubIdx=ocyrus200712901825 In your case, you will need to show that you did not know about the requirement, or you could simply wait another 4-5 years before you file. Each case is unique though, and you may want to review the issue with an immigration attorney. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

You shouldn't have problems, but the real question is how long do you plan to spend in the U.S.? If just days or wa couple of weeks, you'll have problems convincing inspectors that you have not abandoned U.S. permanent residency. You should keep your domicile in the U.S., file annual income tax returns (you will be required to report U.S. & world-wide income earned), and keep current a state driver's license. You should consult with a U.S. immigration lawyer.... Read Answer

A foreign national working in the U.S. on an H-1B specialized knowledge nonimmigrant visa is tied to the company sponsoring him or her for the terms of employment, work duties, hours and work location. Technically, the H-1B worker only has permission to work and earn income from the company that has sponsored him or her for employment responsibilities detailed in the H-1B petition and attestations on the forms which are filed with USCIS and DOL. A person can work for more than one H-1B employer; however, each company must file a separate H-1B petition. If a foreign national obtains Lawful Permanent Resident status, he or she could work for any employer including himself or herself. Best Regards,Sarah Sarah J. Hawk, Esq. Shareholder, Ogletree Deakins ... Read Answer