California Immigration Legal Questions

The income guideline as stated in the poverty guidelines is annual, not monthly. There are guidelines for 48 states, and separate ones for Alaska and Hawaii. 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 immigration rules allow a person with a pending application to remain in the US until the adjudication. That being said, if USCIS approves an extension of stay, it will only give the period of time requested. As such, if the applicant receives the approval after the requested time has passed, he or she immediately becomes illegal as there is no legal authority to stay past an authorized date. An applicant who wishes to remain in the US past the date requested on an extension application should file another timely request for extension. If not timely, an applicant can file a late extension request giving the reasons for the delay in filing. 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 petitioner, your spouse, must submit an I-864. Your mother-in-law can fill out the I-864A. When USCIS sees both documents, the adjudicating officer will note that you are relying on a combination of the income and assets of both your spouse and your mother-in-law. If your employment authorization will be extended, there is a possibility that your employment situation may help with your financial support. 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 immigration laws only allow sponsorship of the stepparent where the marital relationship was established prior to the petitioner (you) turning the age of 18. In this case, you would have to first immigrate your father, and he could then petition for his wife under the F-2A category for spouses and minor children of lawful permanent residents. There is current visa availability for that category and assuming that it remains so in the future, his wife could conceivably enter the US with her own green card within one year after he obtains his. 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

So assuming you are a United States citizen you can sponsor your husband for a green card. But because he entered the country without a visa, any application for his green card is going to require him to file a 601 waiver of inadmissibility. And the standard that needs to be met when you file the waiver of inadmissibility is whether denying his green card application would result in Extreme hardship to you the sponsoring Wife. So this is something that you need to complete with the representation of counsel.... Read Answer

You do not state whether the amendment in 2019 extended the H-1B validity past July 2021. I will assume for purposes of your question that it did and that the H-1B approved petition is valid after October 2021. The fact that you never traveled to the US using your current H-1B approval does not preclude the fact that you can enter the US with the prior visa until July 2021 showing your current H-1B petition approval. Once you are in the US, you can continue to work for your cap-exempt organization until the expiration date that is indicated on the I-797 approval sheet. (This answer does not take into account any restrictions imposed by the Trump administration on travel which we assume will soon be erased by the incoming Biden administration). 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 assume that your husband is either a US citizen or permanent resident. Unless you qualify under section 245(i) having had a labor certification application or immigrant visa petition filed on your behalf by 4/30/01 and having been present in the US on 12/21/00, you would not be allowed to adjust status and must ultimately consular process your paperwork. The first step is your husband filing form I-130 petition for alien relative for you, having it approved and forwarded to the National Visa Center (NVC) of the Department of State, and then filing an I-601A application to waive the 10 year bar brought on by your unlawful stay. The standard for passage of an I-601A is proving extreme hardship to your husband (or a parent if your mother or father is a US citizen or permanent resident). Kindly note that this waiver application is only available to those who are inadmissible only because of being in the US in violation of law. Assuming that the waiver application is approved, you would complete the preliminary processing at the NVC, which would then set up an interview for you at the American consulate or embassy in your home country. Assuming that there are no other complications, you would likely return to the US with permanent residence within 30-60 days. 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

An applicant for timely B-2 extension is entitled to remain in the US to await the results of the decision, but your better action if you were going to stay past the time that you earlier requested would have been to apply for another extension. If USCIS approves the extension request (six months is the maximum extension time), that will be over the time from April 2, and you will begin to accrue unlawful presence as soon as the decision is made. Whether you stay or leave at this time is your decision, but USCIS would likely prefer for you to leave if you did not file another extension request or other application to attempt to maintain your nonimmigrant status. 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

When you file an EOIR-29, you should first receive a receipt from USCIS, and then it will take some time for USCIS to coordinate your appeal papers with the file. Once that is done, the USCIS office will look to see whether it wishes to take back its decision. If not, it will forward the complete file to the Board of Immigration Appeals for it to make a determination. Time varies on appeals to the Board depending upon the speed of the USCIS office and of the Board. It could easily take over a year. You may wish to look into the possibility of filing a new I-130 petition with the assistance of an immigration attorney. 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 you may have the appropriate relationship with your son through blood, you would not have one with his mother unless you married her. Without a marriage, she would not be able to immigrate through your assistance. 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 friend went back to Canada 20 years ago, the green card is invalid as she would have abandoned it by not coming back to the US within one year of leaving. She would have to qualify all over again if she wishes to permanently immigrate to the US. The border is closed for nonessential travel, but your friend may still be able to enter the US by travel through air instead of land and sea. 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

OK so if you are a US citizen, and your boyfriend entered the country lawfully, then you can sponsor him for a green card. If your boyfriend entered the country unlawfully, then you still can sponsor him for a green card but he will be required to file and obtain a waiver of inadmissibility on the grounds of illegal entry.... Read Answer

The circumstances that you have described will not affect the timing of your interview. USCIS generally interviews according to the date that applications are received – in chronological order. You can inform the naturalization examiner of any changes in your circumstances on the date 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

There is every possibility that you can be sponsored by your sister even if she is living outside the United States at this time and not making much money. The sibling sponsorship case will take approximately 12 years and questions of ability to financially support and her domicile in the US will usually come up near the end of the time for immigration, not at the beginning or middle part. 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 received date is generally the date that the USCIS cashier registers the fee acceptance. The priority date is the date that the application or petition was stamped into the mailroom at USCIS. The priority date is the earlier of the two. Your case sounds unusual in that you are saying that the receipt date was approximately two years after the priority date was assigned. I suggest that you reach out to the contact center of USCIS at 1-800-375-5283 to discuss your situation and have the agency look into it if what you are saying is correct. 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

There is no recognized relationship for an individual to sponsor a mother-in-law for a green card. There is the possibility that you may assist her in an application for a visiting visa, but the final decision of whether to issue the visa will be up to the consular officer in his/her disretion. You could give an affidavit of support on form I-134 along with current job letter, payslips, banking statement, 2019 tax return, and copies of any other assets that you would like to disclose. You can also write a statement affirming your support, what your mother-in-law will be doing while she is here in the States, and that she will be returning to Guatemala at the end of her period of stay. 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 mother entered the US illegally or held a nonimmigrant visa with a time certain designation, such as B-2 visitor with a six month expiration date. In such case, your mother would be barred from returning to the US because of her illegal stay. If she wishes at a later stage to return for a visit, she would have to apply for a nonimmigrant visa, be refused, and request that she be allowed to file for a waiver application. It would be up to the consular officer as to whether to allow the application to be submitted and to  recommend it favorably to USCIS for an adjudication. She would be allowed to come into the States if USCIS approved. If you decide that you wish to sponsor her for the green card, you could do it upon reaching the age of 21, but at the end she would require that a waiver be approved based upon extreme hardship to a US citizen or permanent resident spouse or parent. She would not be able to qualify for such a waiver based upon her relationship to you. 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 for purposes of your question that your father has only crossed illegally once or if he crossed illegally more than once, that he did so before April 1, 1997. Under those circumstances, you are able to sponsor him by filing form I-130 petition for alien relative, but even here, the difficulty is that he is not adjustable in the US unless he is a beneficiary of section 245(i) which allows persons entering without inspection to be adjusted if they had a labor certification or immigrant visa petition filed on their behalf by April 30, 2001, and were physically present in the US on December 21, 2000. If he does not have that and must consul process his final immigration papers, he is barred for 10 years unless eligible for a waiver. For approval of that, he would need to prove extreme hardship to a US citizen or permanent resident spouse or parent if he is not able to immigrate. He cannot unfortunately obtain a waiver based upon relationship with a child. 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

You should not have to redo the application. If the application is still at the National Visa Center, you should notify it of your new passport. If your application has already cleared the NVC and is at the embassy, you would do the same with the embassy. If the proper notifications are made and notations made in your immigrant file, there should be no adverse consequences.  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. The 90-day period means that you must file your I-751 within the 90-day period before your green card expires. You cannot file I-751 before or after that period. That means you can file from Aug. 10 until your green card expires. USCIS must receive the I-751 before your green card expires. If you file on Nov. 4, just make sure USCIS receives it before Nov. 8. If you have any questions, feel free to contact us at https://porter-law.com/contact/.      Please consult the appropriate professional to request an analysis of any immigration issues discussed in or implicated by this communication, or to assess the advisability. The information provided on this communication is of a general nature and may not apply to any specific case or particular circumstance. It is not to be construed as legal advice nor presumed to be up to date. ... Read Answer

Do not participate in the filing of or the hearing on the 751 removal of condition application. File for divorce and force her to file the waiver of the joint requirement to remove her conditions. She will then be compelled to convince the officer at the interview that she entered into a bona fide marriage which the officer will suspect was motivated by fraud. If she doesn't have the two year card yet the chances are extremely slim. If she has the two year card the chances that she'll get the removal will be better but still slim. ... Read Answer