Colorado Immigration Legal Questions

To be timely, you should send your application for visa extension before your current status expires. It is advisable that your application is sent in a manner that you can confirm its delivery. Also, it is good practice to retain a copy of your application and its supporting documents for your own records.... Read More

Provided that you did not have the intent to be a student at the time that you entered the US, you may be able to change status to F-1 student in the States provided you have the proper I-20 school acceptance form and adequate financial support. Kindly note that U.S.C.I.S. does not issue visas – it only issues changes of status. In the event that you must leave the country after you change status, you would have to visit the American consulate or embassy and apply for the F-1 visa to return unless you are a national of Canada.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

There is nothing inherently wrong in applying for B-2 visa while your H1B petition is pending. However, if you appear at a US port of entry in possession of a B-2 visa, a border inspector may have concerns that you are not a legitimate tourist, and that your intention is to seek employment given that an H1b petition is already pending. In these circumstances, your claim that you are coming to the US to "roam around" while your H1B is pending will not be convincing to a border inspector and you may be denied admission and excluded It is likely your H1B petition may be approved very soon, you should consider waiting for a decision on that petition and to come to the US with an H1b visa instead.... Read More

Your partner’s difficulty is that if he resided in the U. S. illegally for 7 years, he is subject to a 10 year bar for the illegal stay. He would require a waiver based upon extreme hardship to you if the waiver was not granted. My advice would be for you to be married in another country where gay marriage is legal and then for you to apply for him on form I-130 for an immigration visa. At interview, he would be denied and instructed that he could file the waiver application. Assuming that the waiver application is approved, he would enter the U. S. as a conditional permanent resident or permanent resident dependent upon the length of your marriage by the date of his entry.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 you have submitted the necessary documents, you have to await the decision. Processing of Form I-601 often takes a long time. In the interim, if you have additional documents in support of your pending I-601, you can submit them and ask that they be considered in addition to what you have already sent.... Read More