California Immigration Legal Questions

Since your partner entered the US legally and is a visa overstay, marriage to a US citizen (I assume that you are) would be a way for him to obtain his permanent residence. Of course, the marriage must be bona fide in every sense – otherwise both of you may be liable for fines of $250,000 each and imprisonment for five years.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

Immigration officers can take an adult away even with the minor being present in a vehicle, but should provide for the child to be taken care of instead of just leaving the minor alone. On the one hand, this is not the type of situation that any immigration officer would like to encounter, but by the same token, DHS's viewpoint may be that having a child in a car should not be a shield against an immigration stop.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 married to a U.S. Citizen, it is possible that your attorney will get you a green card instead of having you deported.  You need to retain an immigration attorney to help you, if you wish to remain in the United States.   Typically, at the first master calendar hearing, you plead to the allegations and state your claims for relief.  If you don't have an attorney yet, you can ask the Immigration Judge for an extension to provide you with time to get an attorney.     Let me know if I can be of service.  My direct line is (714) 447-1282.  My email is ehart@hartimmigration.com  ... Read Answer

I gather that when you are talking about Uni papers in Saudi Arabia, that refers to your university papers. The USA would not be able to obtain those papers for you – neither would it feel obligated to do so since the burden of proof is upon you to prove your case for asylum. That being said, while US immigration law on asylum does require corroborative evidence, that is only so where it is able to be obtained. If the Uni papers are central to your case and you have a good explanation as to why you cannot obtain them, it would be up to an asylum officer and perhaps an immigration judge to determine your credibility and the availability of the documents.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

I do not believe that you will find that this is a viable case for a U visa since the incident was not reported to the police two years ago and they would likely not be interested in looking into such a small case in which the perpetrators would likely not be caught.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

I will assume that your daughter is overseas as you have asked questions concerning processing by the NVC or Embassy overseas. By this time, you or your daughter should already have received a fee bill from the NVC. You may also have received instructions on how to submit the immigrant visa application, DS 260 and the documents required since the priority date is within the time range for the NVC to send out the bill and DS-260 instructions. If you have not received such, you should communicate either by phone or email with a NVC explaining her entitlement to the eight months under the CSPA. I do note, however, that the NVC in the past has been known to be reluctant give definitive answers where the CSPA is involved until the priority date actually becomes current on the visa bulletin.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

Individuals who are holding valid nonimmigrant status in the US are not required to register for selective service in the US. In your case, you would be maintaining legal nonimmigrant status if you had a valid I-20 and were still attending school on a full-time basis. Expiration of a visa is of no account as the visa is only good for traveling back and forth .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

Unlawful presence for you begin accruing in May 2017 when U.S.C.I.S. denied your F-1 reinstatement request. For an individual like you with a visa marked duration of status, unlawful presence only begins when you receive formal notice from U.S.C.I.S. of a denial or a negative decision by an 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

The likelihood that both will succeed is good so long as the marriage is bona fide. Having the ESTA canceled for an overstay may affect the individual's ability to return to the US under ESTA or a nonimmigrant visa, but it should have no effect upon an immigrant visa petition based upon marriage or through a US citizen child so long as no misrepresentation was made at the time of ESTA 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

Of course, the petition must be completed truthfully and accurately. More information is needed, however, in order to provide a legal analysis of whether your husband's visa violation (employment without authorization) will stand in the way of eligibility to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). Generally such a violation will be immaterial in a marriage-based case in the Immediate Relative category, but could render your husband ineligible to adjust status in the Second Preference category. This is just one of the details in the application process that can be significantly more complex than it might appear. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

If you are in B status, you should file your asylum application as soon as you can but definitely with one year of your entry into the US. Once you file the asylum application, in about 3-4 weeks you will be asked to do finger print; then in 5 months from the date of your filing you may apply for employment authorization. Your interview date may be 2-4 years from the date of your initial asylum application, depending on the location of your residence. in general San Francisco Asylum Office schedules interview faster than other asylum offices. if you pass the interview you receive asylee status and in one year of the approval you can apply for green card. If you do not pass, your case will be referred to immigration court for a de novo review by a judge. If you lose again you may appeal your case to the Board of Immigration Appeals. After that, if you lose your appeal, you may file petition for review in federal circuit court of appeals. The best chance to win your case is at the asylum office. If you have good immigration lawyer with experience in your country's condition, you should prevail.... Read Answer

The EAD gives you open market employment under which you can work for any employer. However, changing jobs could bring up the question of whether you intend to work for your employer after obtaining your permanent residence. Many NIW's are filed by the individuals themselves who act as both the petitioner and beneficiary. The fact that your employer sponsored you on the I-140 for the NIW complicates your situation. To your other question, you are allowed to start a business with the open market employment, but if you spend significant time working in the business, that could raise doubts as to whether you intend to work for your sponsoring employer when you obtain your permanent residence card. 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

Regardless of the time that you have been married to a permanent resident and the number of children that you have with her, the amount of time to apply for citizenship is five years unless your wife becomes a US citizen. Then you can count three years from that date and can file 90 days before the three years as long as you have both been living together without significant break during the three-year period.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