California Immigration Legal Questions

There is a possibility that your spouse will have less of a hard time in obtaining the O-3 visa than she did applying for a B-1/B-2 visa. O-1 visas are in the gray area of nonimmigrant intent. Such as in the E visa category, a person can generally have immigrant intent as long as he or she has a residence to return to in the home country. B-1/B-2 visa applications are held to a strict standard of nonimmigrant intent. 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 More

Significantly more information is needed in order to provide a legal analysis. Nonetheless, if you are a U.S. citizen you may be able to succeed in petitioning for your fiance to come to the U.S. to become married to you within the required time, and then to proceed with an adjustment of status application so that he may become a Lawful Permanent Resident (to get a "Green Card"). This is true notwithstanding that you now are a single mother. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

It does not sound as if you have a road to the green card through your mother who was a permanent resident and passed away. There is no humanitarian reinstatement. You will have to find some other way to immigrate. I suggest that you visit with an immigration lawyer who can go over your situation and explain your immigration options.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 More

The next step depends on whether she is in the U.S. or overseas. Assuming she is overseas, then her case would be processed by the National Visa Center which serves as the intermediary between you and the overseas Consulate that will process her application. If you need further assistance with the required forms and supporting documentation, please feel free to contact our office. ... Read More

It is difficult to give an answer as there are not enough facts in your question. Generally speaking, individuals cannot become US citizens under most circumstances unless they are first permanent residents. How your girlfriend could become a permanent resident might depend on many factors, and she may wish to consult with an immigration lawyer to go over her options. For example, if you are a US citizen and if your girlfriend divorces from her husband, you could possibly marry her and petition for her green card. 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 More

Since you obtained the green card as your wife's beneficiary, your legal status depends upon her having had legal status at the time that she filed for you. Unfortunately your reporting your wife could involve your green card. If your daughter is born in the US, she is a citizen by birth and is allowed to remain even if you and your wife ultimately have to leave 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 More

If your wife and child stay in the home country and you become a US citizen, such would not allow your wife to automatically gain US citizenship. She would have to go through the process of becoming a permanent resident and fulfilling a three or five year period of residence before becoming eligible to apply for naturalization. With your children, they would have to enter the US with permanent residence, reside with you, apply for citizenship, and have the entire process completed before they turned 18. 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 More

The answer depends upon what the Department of Homeland Security did with you at the time that you surrendered yourself at the border upon arrival. If you were processed regularly, you did not enter legally. If you were paroled into the U. S. either at the border or after being detained, you might be considered eligible for adjustment of status. Otherwise you may wish to seek other relief and perhaps meet with an immigration lawyer to see whether you are eligible for something like the I-601A program. 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 More

if she can come to the US on other visa, you may marry her in the US and file immigrant petition with the USCIS. It may take about 6-8 months depending on the location to receive interview notice. If she cannot come, you can either file fiancee visa or if you marry her you can file I-130 first, after approval she will get an immigrant visa interview in her country(US Embassy). You should consult with an immigration lawyer for advise and possible representation.... Read More

It is not a good idea to tell the consulate officer that your 92 year old grandma wants to come here to take care of your husband. You could simply send her an invitation letter to come to visit you for a few months. Her advanced age may be an issue to receive B-2 visa. For more please consult your immigration lawyer.... Read More

USCIS may review your marriage to determine if your marriage was bona fide. If not it may deny your N-400 and refer you to immigration court for removal. If your marriage was not for the purpose of evading immigration law, you don't have to worry about it. If you don't hear from USCIS for more than 120 days after the interview, you should consult with immigration lawyer.... Read More

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 More