California Immigration Legal Questions

He may qualify under the Federal First Offender Exception, if that is his only conviction. I would suggest that he contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. (S)he would then be in a better position to analyze his situation and advise him of his options.... Read Answer

There are a number of ways, including a fiance? visa. The best thing you can do is to contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and make sure that the necessary paperwork and documentation is properly presented so as not to delay the process.... Read Answer

Generally, a U.S. citizen may sponsor a fianc? in a K1 fianc?/fianc?e visa application that would authorize a fianc? to enter the U.S. for the purpose of becoming married within the required time deadline, and then the couple could pursue an adjustment of status application process by which the foreign national spouse could become a Lawful Permanent Resident (get a "Green Card"). Alternatively, the couple could become married abroad, and then go through the "consular processing" steps for the foreign national spouse to be able to enter the U.S. and be a Permanent Resident. There are advantages and disadvantages for each option, and of course each option has many details that determine eligibility. It would be wise for you and your fianc? to consult with an immigration attorney who, after learning all of the relevant information, could advise about immigration eligibilities, options and strategies and could offer legal representation in the often complex application process.... 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. Foreign adoptions are complicated and deal with not only immigration law, but the international law and the law of the country you wish to adopt from. I strongly suggest that you contact an immigration attorney experienced in foreign adoptions for a face-to-face consultation and give him/her all of the facts surrounding your situation.... 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. The fact that he is here illegally, will work against him. However, assuming that you are a U.S. Citizen, and can prove the legitimacy of the marriage, it may be possible to have the removal proceeding terminated based upon the I-130. Has the I-130 been approved? If not, the judge may agree to continue the proceedings until it is approved. I strongly suggest that you contact an experienced immigration attorney immediately for a face-to-face consultation and give him/her all of the facts surrounding your husband's case. (S)he would then be in a better position to analyze his situation and advise you of your options. Time is of the essence.... Read Answer

The difficulty is that any travel outside the United States during the time that an H-1B petition is pending is considered an abandonment of the change of status portion of the petition. With your OPT EAD valid until January 2019, you can travel with the above restriction. You might be better off waiting until the H-1B petition is approved before traveling under your OPT EAD before October. Then it might be considered that you did not travel during the time that the H-1B petition was pending. If the change of status portion of your H-1B is not considered abandoned and you did request the change of status, you would not be required to have an H1B visa in your passport in order for you to begin work in October or later when the H-1B petition is approved. Please note that I along with most of the lawyers will discourage applicants even with EAD’s to travel at any time before an H-1B becomes effective in October or thereafter. 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, before you can become a US citizen, you will first need to apply for an adjustment of status, which is commonly known as a green card. If you are marreid to a US citizen you can file for your green card asap, and adjust your status without leaving the U.S.  Once you obtained your green card you can apply to become a US citizen after 3 years, if your husband assuming your husband is a US citizen. ... Read Answer

To qualify for Returning Resident Status, you must show:  That you were a lawful permanent resident when you departed the United States, That when you departed you intended to return to the United States and have maintained this intent, That you are returning from a temporary visit abroad and, if the stay was protracted, it was caused by reasons beyond your control and for which you were not responsible, and That you are eligible for the immigrant visa in all other respects. If you have lost your permanent resident status, and you wish to apply for a "Returning Resident visa," you must contact the Consular Section by e-mailing OsloLPR@state.gov in order to schedule an appointment to file an "Application to Determine Returning Resident Status" (Form DS-117) and submit evidence to support the above requirements along with filing the form.... Read Answer

If you are overseas, your then husband is holding H-1B status, and you wish to join him, you would likely do so under an H-4 visa as that is more likely to be approved by a consular officer than an F-1 visa . After being in the U. S., you could make an application to change status to F-1 student. The conversion from H-4 to F-1 status with U.S.C.I.S. in most cases should not be a problem. The question of whether to later obtain an F-1 visa rather than just being satisfied with the F-1 change of status depends upon your need to travel. Both H-4 and F-1 would allow you independence in terms of study options.  For work, you would need the permission of the school for curriculum practical training and of U.S.C.I.S. for optional practical training under F-1, and your husband would have to either have an I-140 petition approved or be eligible for continuation of the H-1B past 6 years for you to obtain work permission from USCIS. 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

In looking over the I-90 form, there is no category to check off for a person to complain that U.S.C.I.S. made an error in mailing the card to the wrong address. The difficulty is that an application like yours could be automatically rejected by the cashier as not having the required fee. That being said, you could try to check off Part 2, Section A, 2.b that “My previous card was issued but never received”, and attach a letter of explanation with proof if you have not already done so. The other option of course is to pay the filing fee. 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

Although a local government organization could qualify as a cap-exempt organization, it would have to be one engaged in research. Inasmuch as U.S.C.I.S. has recently declared that premium processing is no longer available currently for H-1B petitions, it would likely take up to 6 months to adjudicate the petition. If your employer has a start date in July, there is a probability that the start date will not be able to be met. Other than through premium processing, U.S.C.I.S. will expedite the petition or application if non-expediting would cause severe financial loss to the company or the person; there is an emergency situation; or if there are humanitarian reasons. Other expedite criteria would appear remote to your 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

Your husband will need to apply for a 601A (unlawful presence) and 212 (permission to reapply) waivers. You are correct it's a chance that his waivers would be denied, but it's also a chance that they will be approved. Basically, you have the burden of proving an extreme hardship if he was deported back to Mexico. I would suggest that you hire an attorney in applying for your waivers. If they are not filed and presented correctly, then your husband's waivers will be denied. ... Read Answer

You chances are obtaining a green card while on probation is slim to none. It sounds like you accepted the standard DUI plea agreement.  Since you do not already have your green card, more likely than not you will be issued a NTA (deportation proceedings) if you reapply for your DACA.  Depending on how you entered the into the U.S., its possible that you can adjust your status, but after your DUI probation is closed. You should hire an attorney to review your conviction and let you know what your options are concerning your immigration matter.... Read Answer

Generally a U.S. citizen may petition for a spouse to adjust status in the U.S. to become a Lawful Permanent Resident (to get a "Green Card") if the spouse entered the U.S. lawfully and with inspection, such as with a "temporary work visa." This is true even if the spouse may have overstayed his initial visa. In order for the USCIS to regard the couple as married, one of the requirements is that the spouses were eligible to marry at the time they became married. A person lawfully married to another person is not eligible to become remarried until that first marriage is terminated through divorce, death or annulment.... Read Answer

It can mean any number of things. Depending on how long ago your interview was, it could mean that the officer has to review your file to make sure he has all of the necessary evidence and documentation, he has to get supervisory approval, which is common, etc. If your interview was more than 90 days ago, you can request an InfoPass appointment online, go to your local USCIS office and request a status of your application.... 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. The first question that needs to be answered is whether or not you qualify for asylum. Why are you afraid to return to your home country? Have you been persecuted in your country in the past? Are you a member of a qualifying social group? With all that being said, the fact that you are asking what reason you should put on the form, makes me believe that you probably do not qualify for asylum. In addition there is a one year deadline from the date you entered the U.S. to file for asylum. It does not matter whether your present visa is valid or expired. However, there are exceptions to the one year deadline. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.... Read Answer

Growing, selling, distributing, possessing and using marijuana is still a federal offense which can get you arrested, jailed and if you are not a U.S. citizen, deported. I am assuming that you are a Permanent Resident and Dutch citizen, and not a U.S. citizen. In my opinion, it's not worth the risk of being deported.... Read Answer

As a US citizen, you could give your friend an I-134 affidavit of support if you have moderate to good income along with proof of that in the form of a job letter, recent payslips, banking statement, and most recent federal tax return. You could also give him a letter to take to the US consulate or embassy guaranteeing his support, what he will be doing in the US, and promising that he will return to Russia at the end of his period of visit. Whether he is able to obtain a visiting visa is in the discretion of the US consular officer.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 the US consular officer counted correctly and that your son has indeed aged out and cannot immigrate with you and your spouse. You and/or your spouse can file an I-130 petition(s) for him as soon as you enter the US with your immigrant visas. The waiting time is approximately 7 years during which your son should stay single as you would be petitioning for him under the F-2B category for unmarried sons or daughters of permanent residents over the age of 21.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