California Immigration Legal Questions

A foreign national spouse who is being physically or emotionally abused by her American spouse or who is being threatened with denial of immigration benefits as a way to control that spouse may qualify for immigrant processing under VAWA. Each case is unique and depends entirely on its own facts, so you need to contact the counsel to see if you would qualify.... Read Answer

This is unfortunate, but the decision to remain in the U.S., rather than living with him for better or worse in his country while awaiting the visa may have had some impact on the relationship. It is too easy for an American or foreign spouse to lose interest and go astray. Hindsight may seem 20/20, but it is always best to consider the K-1 fiance visa over the marriage based visa before marriage due to these sorts of consequences.  You reserve much more power!   Over thirty years, the most challenging tragedies are the potential clients who come to an attorney, too late.  You really should find out about 'the other 'potential consequences' of this decision and try to avert them, if possible. Too many applicants end up being 'poster children' for why they should have hired a competent, experienced, and ethically considerate immigration attorney to provide legal and practical advice before filing any visa petition.  Good luck.... Read Answer

This may cause more challenges for the U.S. Passport Agency, where the State, not the county, will issue the amended birth certificate.  State birth certificates are often issued for foreign born adopted children, as well, some of which were never properly petitioned by the adopting parents. You should discuss the name change with a family law attorney, perhaps, after discussing this with an attorney who is more aware of whih type of birth certificate the court will issue.  where you want to go through with it.... Read Answer

The change of name should not affect your petition for your daughter. As the case is sitting at the NVC at this time, you can notify the NVC of your name change with a copy of your marriage certificate. You do not have to do anything with USCIS as your daughter’s case is no longer in its offices. 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 my opinion, your immigration status is likely okay. You filed for the I-751 while you were still living together, you did not begin a divorce action until five months later, you never received an RFE or interview notice, and you received the green card before the divorce was finalized. I do not believe that you had an affirmative duty to tell USCIS during the time the petition was pending that you were initiating divorce proceedings. 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

A reentry permit must be applied for while the applicant is in the United States. Since your mother is overseas, she has choices of trying to apply for a special immigrant visa with the American Embassy or boarding a plane back to the US and explaining with documents her situation to Customs and Border Protection at the port of entry. Immigration lawyers by and large suggest the second course of action since it appears to be more difficult to obtain a special 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

Immigrant visa backlogs are determined by country of birth and not country of nationality. Therefore, your becoming a German national will not speed up the quota for you under US immigration law. 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

You are unfortunately caught in a situation that many are experiencing at this time of the inconsistency of USCIS. We have seen many I-130 petition cases which were adjudicated subsequent to your filing in September 2019, and yet have some filed long ago that have not been reached. The processing times put out by USCIS have almost become a running joke as they have little relation to reality. Getting a message that USCIS is actively reviewing the case does not mean a lot, and there are many of these messages sent in which the case is not adjudicated for a year or more. 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 do not see a question in your fact situation, but I am surprised that you have not seen fit to file a petition for your wife even though you have been married over two years. 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

While I am not a criminal lawyer, it would appear that you are too late to have the charges dropped as probation means that a final judgment has already been made on your daughter’s case. You may wish to consult with a criminal attorney to see if anything can be done at this time. 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

A TN visa is not dual-purpose and the TN holder must have nonimmigrant intent. When a TN holder begins to apply for permanent residence, the more chances of having a problem with status occur when the person continues trying to go in and out of the United States and may be questioned by Customs and Border Protection (CBP) when reentering. We suggest to our clients that they curtail their travels during the time of petition/application with USCIS unless they are adjusting status and obtain advance parole documentation. 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

To apply for your in-laws to live here permanently on immigrant visas, your husband would have to become a US citizen to sponsor them. To apply for them to visit the US, they would have to go through nonimmigrant visa application interviews at the American Consulate overseas. You could help by guaranteeing financial support and that they will leave at the end of their period of visit. Kindly note that visitor visas are given in the discretion of the consular officer. 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

The H2-B visa allows a family to sponsor a particular caregiver themselves, though the process is more complicated. The visa allows individual employers to hire foreign nationals to fill temporary nonagricultural jobs. In this case, the family sponsoring a caregiver would need to prove that there are not enough US workers who can do the work and that hiring an employee through the H-2B program will not affect the wages and working conditions of similarly employed US workers. The family must also show that their need for the caregiver’s services or labor is temporary as well as provide a valid temporary labor certification from the US Department of Labor (DOL).... Read Answer

I am not aware of any immigration barriers that would keep you from going to Mexico by air and returning. You should of course be aware of all the latest Covid-19 protocols of the two countries. Finally you should check with your attorney to see whether a trip to Mexico and back will actually extend the I-94 that you presently have. 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 you are interviewing for a F-1 visa at an American embassy or consulate, the chances are that you will have a problem obtaining the visa as it is one that requires nonimmigrant intent. If in the US and you are seeking change of status, the chances are better in our experience. 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

The best thing to do is probably to submit a new petition. While giving in new signature pages only may be okay, you might run into a clerk who does not think so and sends you back the package again. While not harmful (unless you miss the deadline for submission), that would probably be more inconvenient than submitting a new 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

Helping to fill out the form does not necessarily mean that you are preparing the form. I believe that it would be up to you as to whether you wish to fill out part 10 or not. 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

USCIS sends out an email notification receipt as soon as it receives the premium processing request. You can ask your lawyers to show you a copy of that receipt. I note that premium processing is not a guarantee that the case will be approved immediately within 15 calendar days. Within that time, a case can be approved, denied, or a request for evidence (RFE) issued. If an RFE was issued within the 15 calendar days, perhaps your attorneys had to fight through and respond to the RFE before having your case approved. 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 you are talking about a change of status in the United States, that you are in the US with F-1 status, and are inquiring about a change of status to B-2 with USCIS. The closing of consulates and embassies has no effect upon the work of USCIS. When the agency adjudicates a change of status, it does not give a visa – it gives a piece of paper (form I-797) notating the change. The change of status is good during the period of time given or your departure from the United States, whichever is the sooner event. 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

A foreign national wanting to visit the USA needs to qualify for a visitor visa based on documents that show he intends to return after the visit, such as 1. tax returns showing stable emloyment, 2. a letter from his employer 3. pay stubs and 4. evidence of ownership of property like a deed of trust. ... Read Answer

Under the last action rule, the last action counts as the final action of USCIS, so what the legal team appears to be telling you is that there may be an issue since your H-1B with validity until 12/12/20 was approved in December 2020 after your H-4 extension application with validity until October 2021 was approved earlier in June 2020. Technically, your status is H-1B with an expiration date in December 2020. Hopefully, USCIS will just let it go when it processes your employer's H-1B petition. In looking at the fact situation, it appears that USCIS should either have approved the change of status application in June 2020 before it approved your H-4 extension, or it should not have made the later adjudication since it must have tacitly approved the change of status request in June 2020 to even give you the extension. 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

Generally speaking, a green card holder petitioning for unmarried sons and daughters over the age of 21 under the F-2B category would disadvantage the sons and daughters upon naturalization since the F-11 category for unmarried sons and daughters of US citizens has a longer wait. That being said, the siblings are allowed by law to select which category they wish to belong to before they are interviewed. They can either notify USCIS directly, or depending upon where their cases are at, the National Visa Center or American consulate if they wish to retain the F-2B category. In the event that the children are under the age of 21, there is no disadvantage in all in your mother’s becoming a US citizen in terms of waiting time. 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