California Immigration Legal Questions

Even if your spouse filed an immigrant visa petition for you to interview in India, you can change the location of the place of interview when the petition is approved and is either at the National Visa Center or the US Consulate in India. To effect the change in location, you or the petitioner would have to make the request along with showing proof that you are a citizen, national, or have a long-term visa in Singapore.... Read Answer

Since she is already overseas, she will have to process her case through the NVC. She may also have to submit an I-601 application for waiver of ground of excludability if she was unlawfully in the US under most type of situations. The waiver would have to be based upon extreme hardship to her mother and would be applied for following consular interview and denial of the immigrant visa application. 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

Thank you for your inquiry. This is a sensitive situation that many families navigate, and understanding the legal landscape is the first step toward clarity. Here is a general overview of the legal considerations regarding your query: The Status of the Baby Generally, a child born in the United States is a U.S. citizen at birth, regardless of the immigration status of the parents. Therefore, the father's status should not prevent the baby from being recognized as a U.S. citizen. Potential Family Challenges While the baby’s citizenship is typically secure, the father's lack of legal status may present challenges for the family unit. Potential issues often involve: Family Reunification: Our firm specializes in family reunification and can explore legal avenues for keeping families together. Pathways to Residency: If applicable, our firm provides guidance on obtaining a Green Card through marriage, which may be a relevant factor for the parents' future. Compliance: Our team offers compliance guidance for international movement and helps manage residency challenges. Because immigration matters are highly individualized and depend on specific facts not provided here, we recommend scheduling a consultation to discuss your daughter's specific situation in detail. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read Answer

When a H-1B applicant for consular processing applies for and receives the H-1B visa, he or she is making an assertion that he or she will be returning to the US to work for that particular employer. It may be deemed visa fraud or misrepresentation if you return to begin working with another employer immediately when you reenter the US. A suggestion is to return and work with the sponsoring employer for a period of time before attempting to switch over to another organization. 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

Under the H-1B registration system in 2025, the registration is person-centric, which means that the person only gets one chance to be selected regardless of how many organizations apply for him or her, and that if a person is selected, he or she can choose any of the organizations who put in a registration to do the H-1B petition with. Any petition must be filed by June 30, 2025. Other than that exception, it is highly recommended that the person stick with the H-1B employer that filed the H-1B petition by June 30 until sometime after October 1 to validate the filing of the petition and to show commitment to that organization before attempting to have another organization file for another petition. There can otherwise sleep be consequences both with USCIS and US consulates. 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

From your fact situation, you missed the interview with the immigration office and the subsequent court hearing date because you did not receive the letter. For you to miss both of these, you would have had to have missed not one but two letters – one from the immigration court. I suggest that you check with an immigration attorney on whether the facts in your case could dictate reopening your immigration court case. For example, if USCIS and the court mistakenly put the wrong address on their letters, that may be a basis. This type of situation is usually determined by the particular fact situations. 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

It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in organizations here, US identification, credit cards, and even perhaps tax returns. You should also be prepared to explain why you stayed out of the US for so long and why you consider the US still your country of domicile. CBP at the airports has become much more restrictive on entry under the Trump administration and there may be a risk of being denied entry or facing issues upon arrival. There are also risks of being referred to an immigration court which can be a long drawn out process and even detention under this administration. Assuming that you are admitted, you are required to be physically present to file for a new reentry permit application. In such circumstance, it is best to spend as much time as possible in the US before leaving again – perhaps at least a few months. A reentry permit is not a guarantee of reentry, so it would be best to come back every six months when you are away. 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

I will assume that your mother is overseas and that you will be filing an I-130 petition and she will ultimately consular process at the American consulate or embassy in her home country. If that is your situation, financial support is not a concern at this stage. It only become relevant when the I-130 petition is approved and your mother begins consular processing. That would likely be over a year from now. If you stop working and have no employment by that time, a good option is to find a bona fide joint sponsor, e.g. related or friend, who can assist with the support obligation. If you have sufficient liquid assets, you may look on the poverty guidelines to see whether they will support your mother’s immigration. The amount of assets must be a multiple of 5 to cover multiple years of support. We note, however, that US consular officers sometimes have a more stringent view of the amount of financial support required in the case of parents. 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

If mom is overseas, and you have a pending I 130 immediate relative petition, you will be required at some point to upload an 864 affidavit of support to prove that you financially can sponsor your mom. If you have lost your job, then you should retain a joint sponsor who does have the financial ability to sponsor mom. ... Read Answer

There is a possibility that she may be refused because of the fraudulent annulment document that was presented in connection with the K-1 petition. That may depend upon whether the embassy believed that she intentionally committed fraud in presenting the document or whether she was just a victim. From your statement of facts, it appears that the fraudulent document presentation was unintentional and hopefully that will be the case and the immigrant visa issued. However, if found to have committed intentional fraud in the past, she will be denied, but should still be eligible to file for a waiver based upon proving extreme hardship to you if she cannot be given the immigrant visa. 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

It is difficult to give advice not knowing more about your father’s situation. However, if he entered the US with inspection or parole and has no other problems, a US citizen child over the age of 21 could possibly help him apply for adjustment of status through filing for him on form I-130 petition for alien relative and him submitting form I-485 adjustment of status application to permanent residence. If he came in without inspection and has had no problems with crime or fraud in obtaining immigration entry or benefits, he could be eligible for the I-601A program which would start with the child petitioning for him on form I-130; upon approval, your father applying for an I-601A application for a provisional unlawful presence labor; and upon approval returning to the home country for an immigrant visa interview with the local US consulate. 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

At this stage, probably the best thing to do (unless you receive word from the embassy to upload the support documents) is to have your spouse bring in an updated signed I-864 with documents by you. If you find a new job and have documentation of such, you can show that in the updated I-864. If you do not have a new position, it would probably be best to add a signed I-864 with documents by a joint sponsor. An updated I-864 should not delay adjudication if it is clear that there is sufficient financial support. Please note that this is general advice and that we do not claim to know any local rules or practices of the embassy in the Philippines. 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

In the scenario described, you and your spouse can travel to Mexico and re-enter the U.S. before the expiration of the spouse visa (November 22, 2024).  When the spouse re-enters the U.S., the Customs and Border Protection (CBP) officer will consider your H-1B approval notice. Your spouse's I-94 will typically be granted on the validity of the H-1B approval, allowing her to remain in the U.S. for the duration of the H-1B status.  However, the pending I-765 may be at risk of abandonment if your spouse travels while it is still pending, and she may need to file a new application for employment authorization after re-entry. It is advisable to consult with an immigration attorney to navigate these processes and ensure compliance with immigration regulations. ... Read Answer

If your US citizen father filed an I-130 petition for you, it was either under the F-2B category if you are single or F-3 category for married sons and daughters of US citizens. Currently in November 2024, only those who filed petitions in the F-2B category before 5/1/16 are being given final immigration interviews, and for the F-3 category, those who filed before 4/15/10. Unfortunately, only Congress has the ability to make waiting times shorter by increasing the number of individuals who can immigrate to the US – but as you are probably aware, increasing the quota is not politically popular at this time. USCIS has the ability to expedite the adjudication of an I-130 petition under certain conditions, but expediting the petition does not make the overall waiting time shorter. Even if the I-130 petition was approved today, you would still have to wait for your priority date to become current in order to immigrate under your category. If the waiting time is too long, you may attempt to explore any other options with an immigration lawyer. 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

Although the time on the notice of action has expired, your case can move forward. We recently completed a case in which it took six months from the date of expiration of the notice of action before the fiancée had the interview at the American Consulate. 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

Depends on how they entered the country, it might possible that they do not need to do AP. For example if they came under a VWP and then overstayed. I recommend talking to an attorney to see if they can adjust without having to leave the country.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read Answer

You can certaininly apply for a tourist visa first. That will allow her to stay in the country for 6 months. You can file for a fiance visa while she is in the US. However, there are limitations about time of filing. We recommend waiting 90 days. Additionally, keep in mind that Fiance visa takes a long time to process.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read Answer

Generally speaking, individuals who have expired their programs are allowed up to five months to transfer into another F-1 student program. As the starting date for your program is within the five month limit, I do not believe that you should be worried about what your profile looks like. 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

In the instructions on form I-130, USCIS appears to want that the information of the passport or travel document used by the beneficiary at the time of entry into the US. If your grandmother used two passports at the time of entry, you should probably put down the information on the unexpired passport used at the time of entry since that was the passport upon which she was admitted. You would put the information on the line used for passport number, leave out travel document number since that would be the passport anyway, and give the expiration date of the unexpired passport. 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 consequenc... Read Answer

Whether you can obtain the F-1 visa depends upon the discretion of the US consular officer who interviews you since the F-1 visa is one requiring nonimmigrant intent. If the officer is convinced that you are going to the US to pursue your schooling, will not try to adjust status in the US, and will leave the US if the schooling is interrupted, he or she may approve the visa application. I cannot tell you what the chances are, but believe that most consular officers would ask you to wait until you immigrate under the F-2A category. 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

Claiming SSI and Medicaid and other means tested benefits could bring about difficulties with your parents and the petitioner and any joint sponsors as they guaranteed your parents’ financial support. If the next president is Mr. Trump, there is more of a possibility of trouble. On your specific question of whether it could impact their green card renewals, they are given 10 years on their green cards, and so that situation will not come up for many years. It is hard to say what the climate of the country will be 10 years from now and what questions will be asked on the renewal green card form. 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

With Biden's Immigration Executive Order which allows undocumented persons married to U.S. Citizens; this will give the undocumented persons the ability to have their U.S. Citizen spouse petition without them leaving the country. Full details will be release soon; I strongly recommend you have a legal strategy session with an immigration attorney.... Read Answer

Your siblings will have to home strong home ties which shows the U.S. government personnel that they have a lot going on which proves that they will go back at the end of their visit. Strongly recommend you seek detailed Legal Strategy Session with an immigration attorney to review other forms of visa.... Read Answer