California Immigration Legal Questions

I can answer your question in general terms: 1. For F-1 student, even if you drops out of school and the school terminated you, unless you receive a notice from the USCIS or a decision from immigration judge that you started to accrue unlawful presence for the 3/10 year bar purposes, you do not have that "unlawful presence". Please note, however, this does not mean your stay in the US after you lose your F-1 status is legal or lawful. It only means you may not be subject to the 3/10 year bar. 2. If you stayed in the US after you dropped out of school, your chance to get another visa from the US Consulate/Embassy will be reduced, even if you have good reason to visit the US again. 3. The USCIS/ICE may refer you to immigration court for removal after the US government learned your termination from the school. The notice may be mailed to your last known address. It is also possible that no notice was ever mailed to you. You should try to find out if notice was mailed to you. It is better to hire an immigration lawyer to find out.... Read Answer

MSC is the National Benefits Center, originally called the Missouri Service Center, hence the "MSC" designation. More information can be found at: https://www.uscis.gov/archive/blog/2012/06/national-benefits-center-what-it-is-and You may obtain status updates by visiting www.uscis.gov. and entering your MSC Receipt Number.... Read Answer

You are facing the very real possibility of being deported. Domestic violence is a major no-no for immigration purposes. If you plead guilty and your lawyer failed to advise you of the immigration consequences then you may have the option to reopen your case in the criminal court. If you do not seek post-conviction relief to address your conviction it's a very strong chance that you will be placed into removal proceedings.... Read Answer

It is largely in the discretion of immigration inspectors at the port of entry to determine whether to challenge your right to return based upon your period of absence in the past. That being said, the longer the period of time before going back outside the United States, the better. Ideally you would not go out for 6 months, but that is a choice for you to make. 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

Whether you can fix papers for your mother and your wife depends upon your personal circumstances of US citizenship, your age (must be over the age of 21 if the US citizen is to sponsor a parent), your financial status, the statuses of your mother and your wife, the bona fides of your marriage, any bars that they may have which would preclude them from immigrating to the country, and how they entered the country. With this information, an immigration lawyer would be able to give an opinion as to your ability to fix papers for your mother and wife. 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 answer depends on whether you are exempt from the cap. If this is your first time applying for an H-1B petition, then the next filing window opens on April 1, 2018. As premium processing has been temporarily placed on hold it could take as long as 6+ months for your case to be processed. H-1B petitions become effective on October 1 of the year in which you apply, however, in some cases, it may take longer than six months for the petition to be processed and approved. Please note that this is not intended to constitute legal advice and is intended for informational purposes only. If you have specific questions, please contact Madison | Piper PC.  ... Read Answer

As you have an employment-based case and there is no doubt of the bona fides of your marital relationship, you would be eligible to obtain permanent residence with your husband if he still wishes to continue your application even if you are separated. Even if U.S.C.I.S. was to discover that your husband moved out when you reenter the States, that should not have an effect on your admissibility. 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 see the relevance of a marriage in California to being able to fix a parent's permanent residency papers. We have cases in which petitioners are across the nation from their parents and still file for their permanent residence.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

Domestic violence offenses indeed can have very serious immigration-related ramifications, and you should expect to be required to complete all aspects of the legal process in your pending case before the USCIS would adjudicate an application to adjust status to become a Permanent Resident (to get a "Green Card"). I presume that your criminal defense attorney is familiar with the complex rules regarding the intersection of criminal law and immigration law, or has associated immigration counsel to advise about those issues. If so, you should direct your questions to your attorney; if not, then you might encourage your attorney to seek collaboration with an immigration attorney before concluding a plea bargain.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. With that being said, your boyfriend has a number of things going against him. (1) He is here illegally, which will make him deportable if he is ever apprehended. (2) He made a false claim of citizenship. (3) He lied to a Border Patrol Agent. I strongly suggest that your boyfriend contact an experienced attorney for a face-to-face consultation and give him/her all of the facts surrounding his situation. (S)he would then be in a better position to analyze his case and advise you of your options.... Read Answer