California Immigration Legal Questions

There are probably three levels to this question. The first is whether you are eligible for adjustment of status. For a person with F-11 visa preference as the unmarried son or daughter over the age of 21 of a US citizen, the priority date under the monthly dates of filing chart of the Department of State would generally have to be current. In the month of July 2021, for example, only persons born in any country except Mexico and the Philippines who filed F-11 I-130 petitions before 5/15/16 are eligible to file I-485 applications. Besides priority date qualification, you also could not have been illegal or worked without authorization except under certain circumstances. Assuming that you did qualify under the F-11 category for filing, the second level is whether your application would be rejected upon the discovery of the mistake. The third level is that assuming it is filed and not rejected, whether the adjudicating officer would see it as a technical error having nothing to do with your eligibility for permanent residence and let the mistake pass, send out a request for evidence, or deny the application. (If it comes to this stage, I believe that a reasonable officer would allow you to correct the category under which you are immigrating). 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 More

In general, a marriage shows more of a level of commitment to a consular officer then an engagement. That being said, a consular officer will look to determine at time of interview whether-in his or her opinion-there is a bona fide relationship. 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 More

There is no specific time period during which a petition must be held off after the celebration of a marriage. We have had many people file green card petitions for their spouses in the week after the marriage ceremony. I note that we did see one time that a divorce decree stated that the couple could not remarry for a certain period, but other than that, I do not know of any other restrictions. 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 More

Generally speaking, an individual with a pending I-485 application is not considered to be a permanent resident with all the rights and privileges including in-state tuition payment. However, you can check with UCSD to determine whether it has a different policy. California appears to be a progressive state for immigrant rights. 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 More

Assuming that you requested another six months on your B-2 extension, you would have left within the time of your request, and should have no problem with your visa. In the future, you should of course comply with the purpose of the B-2 visa which is for you to visit the US and not to spend lengthy periods of time in this country and small amounts of time in your home country. 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 More

On your present H-1B exempt status, there is nothing in the immigration laws to prevent you from gaining some experience somewhere else as long as you will be a volunteer only and receive no recompense or other compensation from the place that will give you experience. The organization giving you the voluntary position may wish to check out other federal along with out state and local laws for its own protection. And of course, you must keep maintaining your H-1B position. 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 More

Congratulations. The fastest way to bring your girlfriend here would be through a K-1 fiancée visa. You can start the paperwork immediately, since you've already met her. The requirement is that in order to qualify to process a K-1 visa for her, you have to physically meet within two years of the filing date. You begin the process by filing the necessary forms and documents and paying the necessary filing fees and then waiting for the processing to be completed, which takes about seven months.... Read More

Mother in law doesnt need a sponsor to travel here on a tourist visa. She needs to prove to the US consulate overseas that she will return to her country upon completion of her visit. To do that, they require proof of income from a job and evidence of property ownershoip like a deeed of trust. ... Read More

In these cases, there is probably no wrong answer. We have taken the tact of requesting cancellation of the application upon biometrics appointment receipt when our clients have left the US during the pendency of the extension applications. 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 More

You have not stated any actions that you took in regularizing her status after marrying her, and so it is difficult for us to answer your question. If you did nothing and she has never been under immigration court proceedings, I do not see how your divorcing her would change her situation for the worse. 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 More

For the month of April 2021, the F-4 preference for siblings of US citizens is available for those who filed before November 1, 2006, for most countries of the world other than those from India, Mexico, and the Philippines, which countries have longer waits. For natives of all other countries, including those born in France, the waiting time is approximately 14 years. 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 death of a principal beneficiary like your brother generally means that the case is over unless one of his dependent family members was residing in the US at the time of his death. Residence means the individual’s principal, actual dwelling place in fact without regard to intent, and for such a person, the definition does not require the individual to show that he or she was physically present on the exact date of death. If one of your husband’s dependent family members that remains eligible for immigration including counting the benefit of extra time under the Child Status Protection Act qualifies under the residence requirement, the case can continue under a provision of the immigration law, §204(l) relief for surviving relatives. Either the wife or one of the children who are still eligible to immigrate can fulfill the residence requirement. For the dependent beneficiary to request continuation of the case, he or she should specifically request USCIS “to reinstate the approval of the petition under section 204(l).” 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

Hello. Good question. When filing for naturalization, it is very important to review all of the facts and circumstances of each particular case. No two cases are exactly the same. Tax returns are helpful to prove certain elements in a naturalization case. If you did not need to file, you must prove those elements in other ways. The naturalization instructions recognize this fact in stating that tax returns are not required in every case. These issues must be addressed properly in your application. You are highly encouraged to consult with an experienced immigration lawyer prior to filing. Good luck!... Read More

OK so if you are a US citizen, and you married your husband who is a foreign national, then you can sponsor him for a green card provided that he entered the United States with a visa. If he crossed the border without permission or without a visa, then you can still sponsor him but you are going to need a waiver. Consider working with an attorney to handle your paperwork. Some of his charge a very affordable flat fee, with no hidden costs, and process the case from beginning to end, which takes about one year. My office handles cases in every state in the country and cases all over the world.... Read More

Assuming that your package is still good except for incorrect payment, you can send in the entire package again with the correct payment. Whether you put in new evidence at this point is up to you, but you would have to update everything again anyway when USCIS schedules your case for interview. If you are among the types of cases that USCIS decides not to interview, it will give a list of documents for you to submit by mail. In cases that we see of rejection (brought to us by people seeking consultation or incorrect payment or incorrect form edition or USCIS error), we will generally put the green sheet on top with our letter of explanation beneath that, and any corrections wherever they are required. We will usually not reorder the documents if we can avoid it. Staples are not sacred and so can be removed when appropriate. 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 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 More

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 More

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 More