California Immigration Legal Questions

The immigration laws allow an applicant who has filed an I-539 to remain in the US past the expiration date of the I-94 as long as the application is pending with U.S.C.I.S. If the petition is approved, all of the time spent in adjudicating the application is legal. If disapproved, the applicant is out of/status as of the date of I-94 expiration – however, days of unlawful presence for purposes of the 3 and 10 year bars only begin to be counted as of the date of denial – that would be day1. 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

Generally speaking, USCIS will respect any marriage which is legal where celebrated and legal in the state in which the couple intend to reside. So you should check out the law in both places. 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 did not disclose the marriage when applying for the F-1 nonimmigrant visa, you have the possibility of being accused of visa fraud.  I do note that there is a possible defense if  your spouse was a US citizen five years ago that any misrepresentation was immaterial since your major purpose was to study and not immigrate to the US. U.S.C.I.S. usually coordinates with the home consulate or embassy concerning what was put down on the nonimmigrant visa application in adjustment of status situations. Generally U.S.C.I.S. officers will allow applicants the opportunity to file for a waiver of the misrepresentation If there is a finding of visa fraud although such is not mandatory on immigration service officers and there is a chance of being turned down without the opportunity of waiver 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

Unfortunately US immigration law does not allow immediate relatives of US citizens to bring in dependent family members. I note that once your parents are here, they can petition for your sister (assuming that she is single) and the waiting time is  currently approximately 5-6 years if she is born in any other country than Mexico and the Philippines. 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 mother-in-law would apply  on form DS-160 and present at the time of interview the reason for which she wishes to visit the US, proof of her ties and bonds to the home country, and financial evidence that she will be able to stay in the country for the period of her visit without becoming a public charge. If you wish, you can support her application with your own letter explaining the temporary nature of the stay along with an I-134 affidavit of support (if needed or helpful) with job letter, banking statement and your last tax return. 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

Not having nonimmigrant intent would not be a hindrance to your husband in attempting to renew his H-1B visa stamp since the H-1B encompasses dual intent. That being said, an American consular officer is still entitled to look over the bona fides of the approved H-1B petition and to ask questions about it if he or she has doubts concerning the employment or your husband's qualifications or his background. 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 would likely have to marry him in Mexico and petition for his permanent residence on form I-130 petition for alien relative with U.S.C.I.S. If your future husband is not inadmissible to this country, he would interview for the green card in Mexico and come here as an immigrant. If no problems, the processing would probably be about a year. If he has an order of removal or finding of visa fraud or misrepresentation or other ground of inadmissibility, he would also require an approved waiver(s) prior to being allowed to enter the US. 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 husband left the US during a time of voluntary departure, he is not considered deported or removed, and does not require an I-212 advance permission to reenter the United States from U.S.C.I.S. Assuming that your husband is not barred by any grounds of inadmissibility other than unlawful stay in the United States, the I-601A waiver would still be valid. 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

Possession of marijuana in low levels is generally regarded in many states as either legal or a violation rather than a misdemeanor or felony. That being said, federal law allows individuals to be removed from the country who are in possession of over 30 g of marijuana (There is an exception for possession of 30 g and less for one's own use). So it is not safe for a DACA applicant to apply for a medical marijuana card if the individual actually intends to use it. And of course it would lead to questioning by DHS if the DACA holder was encountered by ICE and the card was discovered. 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 American consular officer usually wishes to be convinced that there is some purpose to the intended trip. Your endorsement and invitation would probably help rather than damage your friend's ability to obtain a visa to come to the US as long as it also confirms the temporary nature of your friend's trip. 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

It would be ill advised for your husband to put in a petition for you at this stage as that would constitute marriage fraud. Marriage fraud occurs when US citizens or permanent residents put in petitions for intending immigrants whom they have no intention to live with as a true couple. Whether done for money or for favor, such is marriage fraud. Penalties on both parties upon being caught can be $250,000 per person and five years in prison. 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

With a three year degree, your boyfriend could possibly come to the US under F-1 student visa and complete any requirements to obtain a US bachelor's degree. If he has significant experience in the field of his studies, he might interest a company in sponsoring him for a H-1B visa on the basis that the combination of his education and experience equals a US baccalaureate degree. He can apply for a B-2 visa to visit you in the US. You could also both marry and he could enter the US as your dependent. There is unfortunately no "best way" that he can enter the US, although the last way might likely encounter less challenges. 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

Given the closeness of your leaving or termination of stay to the end of your J-1 internship, a reasonable consular officer would probably note that J-1 holders have a 30 day grace period from the ending of their program to leave the US, and most likely credit you with 30 days. In such case, you would not be considered to have overstayed, and the major concern would be your establishment of ties and bonds with your home country to satisfy the question of nonimmigrant intent, a sine non qua to the issuance of an F-1 visa. 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

It would seem that to have an I-601 approved while in the US, your husband would have had to apply for an I-601A rather than I-601. Under an I-601A, successful applicants can receive the approval in the States before going outside for consular processing. If he left during the time of voluntary departure, he does not need an I-212 as that is only applicable where there is an order of removal. A DUI which is reduced to reckless driving is generally not a basis to deny an immigrant visa unless he has had more than one, at which point he may have a problem passing the immigration medical. 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

Currently the processing time is over 12 years plus for most countries of the world including Australia and New Zealand. Country quota assignment is by country of birth, not by citizenship. Only three countries, India, Mexico, and the Philippines have longer waiting times. 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 G-639 freedom of information act request form by U.S.C.I.S. has a checkmark for whether you are attempting to obtain a record for someone who is deceased. You should be able to obtain the I-130 receipt number if you are the executor, administrator, or trustee of your brother's estate. Otherwise the G-639 form asks whether the requester is a family member, but without authority over your brother's estate, I am not sure that U.S.C.I.S. would give the information. You should consult with an immigration lawyer to go over your brother's case for further documentary requirements. 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

A green card holder does not have to leave the US with a one-way ticket, especially one who is only going to be out of the US for four months. 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

It should not generally matter which U.S.C.I.S. service center adjudicates the F-4 I-130 petition – whether in one year or eight years – unless issues of potential death of the petitioner or the potential of a child being aged out are involved. The waiting time is approximately 12 years, and the counting starts from the date that any service center receives the petition. 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