California Immigration Legal Questions

Unfortunately there is no benefit to be received from a brother or sister who obtains a green card under US immigration law. You would have to keep maintaining your independent legal status 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 Answer

The documented immigrant must check with the consulate or embassy of the home country to determine what the requirements are for the child to enter the country. I will assume for purposes of your question that the child was born in the U. S. and is a U. S. citizen. The documented immigrant should obtain a U. S. passport for the child and then check with the home government as to whether there are other requirements for the entry of the child. Coming back to the U. S., the documented immigrant’s passport and green card and the child’s U. S. passport would be sufficient for entry. 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

Many people divorce in the United States every year. The fact that you are now heading to the divorce after obtaining your green card last year would not necessarily raise flags with U.S.C.I.S. You would not lose your green card based on that circumstance. You can also still naturalize in five years. At the naturalization interview, you may be asked questions to verify that the marriage was bona fide, but just on the circumstances that you present, there is nothing alarming. 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

Good question. If we get a figure, we'll let you know. 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

Your difficulties appear to be multiple – the first being that a B-2 visitor is not supposed to come to the US with the intention of changing status from B-2 to H-1B. Such is considered an abuse of the visa. The second problem is one of timing unless you will be applying for an H-1B specialized occupation job at a cap exempt employer, e.g. institution of higher education. Otherwise the period of time to apply for cap limited visas is the first five business days of April, and that time has already expired. Please also note that if you were to enter the US next year and attempt to change status through applying for an H-1B petition, you would have to maintain a legal status until at least October 1, when persons who have been approved can legally begin to work. The filing does not freeze your legal status because the benefit is not available until the fiscal year begins in October. 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 difficulty is that, if you use the green card with the wrong spelling, the wrong spelling may migrate over into other identification papers or cause you problems with agencies other than DHS. On using the incorrect card to travel in and out of the US, you may be referred to secondary inspection upon your return while Customs and Border Protection attempts to determine that you are who you say you are. Ultimately you would be admitted, but CBP would probably advise you to file an I-90 application to replace the incorrect green card. You should perhaps do that affirmatively 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 you meet the legal qualification under one of the 12 categories, you can travel to Cuba, but the trip may certainly be scrutinized as part of a naturalization application. You should keep records of your trip to Cuba relating to what you did when you were in the country in case you are questioned. 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

As the Bahamas are not part of the United States, and DACA status does not allow travel, it would not in my opinion be safe for you to take a trip there on a cruise ship.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 I-134 affidavit of support for F-1 students is not regarded as strictly binding as the I-864 affidavit of support for immigrants. Generally speaking, it basically guarantees support for the student to meet a normal living standard for studying in the US. That amount is usually set in the I-20 school acceptance form. 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 mistakes that you describe are ones that can easily be amended at the time of the interview by informing an examiner of the need for correction on the form. In a naturalization interview, examiners will go over the entire form with you to ensure that the answers are correct. If by some chance he or she does not go over your working experience, you can inform the examiner before he or she moves on. 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

We are not aware of any rule change that would require a valid passport at the time of an adjustment of status interview. A valid passport is required to maintain nonimmigrant visa status or to travel outside of the country and return, but in our experience is not required for a green card interview.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 are a US citizen you can sponsor your fiancé for his green card. If he is in Mexico, he can apply at the US consulate and process the case there or if he is in the US , you can file an adjustment of status here, if he entered the country legally. Processing times are taking a year or more. Counsel anywhere in the USA can help you both.... Read Answer

It appears that the answer is up in the air because of the Trump travel ban on five mostly Muslim countries including Iran and the unwillingness of the State Department to grant waivers which supposedly can be given to especially those with close family ties to US citizens. As of April 2018, only 579 waivers were granted from 33,176 applicants. 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

DUI offenses have taken on outsized importance in the minds of immigration officials because of pressure of lobbyists on Congress in the past 10+ years. Also this is the age of the Trump administration in which prosecutorial discretion is generally not afforded by ICE attorneys in even more sympathetic circumstances. Relevant questions are whether you or he hold permanent status in this country, and if not, if any of your four children are US citizens and either 21 close to the age of 21. In any event, you should make an appointment with an immigration lawyer to go over your husband's entire situation. 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 support order for your brother should have no effect upon the joint sponsor's affidavit of support so long as the affidavit of support is able to cover the fiancée and it is credible. 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 parents are caught, they may be able to obtain residence status through cancellation of removal which requires 10 years physical presence in the US, good moral character, and extreme and unusual hardship to a US citizen or permanent resident parent, spouse, or child under the age of 21 and unmarried. The application is made in an immigration court, and denial usually results in an order of removal. I note that there is a recent scandal involving unscrupulous consultants and attorneys who put in weak or meritless asylum claims with or without the knowledge of their clients to get them into immigration court because of the difficulty in getting DHS to issue Notices to Appear (NTAs) where individuals wish to affirmatively appear in court.. The practice is frowned upon by judges, government, and bar associations.  Otherwise your parents could wait until there is a change in attitude in this administration or any future administration that would allow a legalization of longtime residents. Your parents would probably be first in line for such benefit. 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 applied for your I-485 when your L-1 was still valid, you could either continue or withdraw your L-1 extension application with no effect on the I 45 application.  You appear to have worked with authorization at all times, so illegality after filing the I-485 does not appear to be a concern.  If the I-485 was applied for after your approved L-1 expired, then there are questions of whether your last entry prior to applying for the I-485 was pursuant to advance parole or the L-1. If under the L1, you are still eligible for adjustment of status even if you have illegal stay of up to 180 days. Under those circumstances, withdrawing or continuing with your L-1A would not appear to make any difference. In the event that your approved status expired by more than 180 days before I-485 filing if coming in on a valid visa, or your status expired by any days before I-485 filing if you were paroled, it would probably be best to terminate the L-1A as immigration officers should be aware that applicants can be excused where a nonimmigrant stay request has not been adjudicated by the time of interview. 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

As you are being sponsored for permanent residence through employment and have a current H-1B and employment authorization, your going back to business school now may raise doubts as to whether you intend to pursue employment with the sponsoring employer at the time that you receive your permanent residence. I suggest that you continue to work for your employer and perhaps attend business school on a part-time basis. 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

Unless your father is a person of high concern to the Department of Homeland Security, or the green card is not real, your father likely does not have a problem with Immigration in applying for unemployment benefits. I note that the card's expiration by itself does not invalidate an individual's permanent resident status. Assuming that his only problem is that he allowed the green card to expire without renewing it, he is still allowed to do that at this time. He would fill out and send the I-90 application for a replacement green card with fee to U.S.C.I.S. 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

Where child support is concerned, applicants for immigration should be paying their support obligations. That goes to good moral character. If your husband is paying his child support, U.S.C.I.S. would usually just look at the other financials to see whether the offer of employment is enough to support him and his obligation (if an employment based case) or if the affidavit of support by the petitioner is sufficient for the same purpose (if a family based 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

Hi Chase. As long as you have physically met within the last two years, she can apply for a fiancé visa, which takes about 10 months or longer to receive. Once she enters the US, you must marry within 90 days and then she can file adjustment of status to get her green card. If she just applies for a B2 visitors visa and enters now, the purpose of her visit must be to visit but her concealed purpose is to get married. This is a very tricky issue that will be explored during her application as well as her interview. You would best be advised to retain counsel to handle the case from start to finish.... Read Answer

I imagine only if he is selected for the lottery. Otherwise there is no record of who entered to my knowledge. Even if there was, the wish to immigrate as expressed in entering a lottery would not seem a strong indication of immigration intent. In addition, many work visas in the United States are either in the gray area between having to have a nonimmigrant intent and having an immigrant intent. Working visas such as for H-1B specialized knowledge or L-1 intracompany transferee also allow  dual intent meaning that a person can intend to immigrate and still be considered eligible for the visa so long as he or she will leave the US if the visa is over and the person has not yet immigrated.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

Question 32 asks whether you have ever lied to a US official to gain entry or admission into the US or to gain any benefits while in the US. Initially I do not think that you are barred from citizenship as any misrepresentation that you would have made should be considered immaterial inasmuch as the immigration officer saw that you were a permanent resident and granted you a waiver of the lack of green card anyway. That being said, the answer to the question may depend upon whether you actually attempted to enter at the airport under ESTA. If so, you would have lied to the immigration inspector and the answer should probably be "yes." If on the other hand you did not present the ESTA and explained your situation to the immigration officer who then gave you the waiver, you would not have made the misrepresentation and the answer should probably be "no." There would not appear to be a risk of losing your green card as any misrepresentation must be considered material and it is pretty clear that anything that you would have done at the airport was not. 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