Colorado Immigration Legal Questions

Even though you have committed domestic violence harassment misdemeanors against your wife, that does not preclude you from sponsoring your wife for residence status. However, whether U.S.C.I.S. will approve an I-130 petition where the beneficiary is not present at the interview is highly questionable. I do note that there is a recognized risk during these years of the Trump administration that persons who appear for I-130 interviews and who have final removal orders may be arrested by ICE and subject to immediate removal. 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

In the best situation, you would need waivers of both unlawful presence and of the deportation when your priority date becomes available and you are denied by the US Consulate or Embassy upon interview. If you came back to the US illegally after your voluntary departure in 2009, you are in a much worse situation of having incurred the permanent bar under which U.S.C.I.S. will only consider a waiver application beginning 10 years after your deportation in 2016. 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

Your refusal to hire an attorney to help with your immigration case is what got you into this situation to begin with. The request for evidence would have been sent to your attorney who would have replied to it in a timely manner. In addition, a "Notice of Intent to Deny" should have been sent to you, giving you time to respond. Your question also fails to state sufficient facts to properly answer your question. With that being said, what is the reason given for the appointment with the local office. If it is to interview you again, then a number of scenarios are possible. You can go to the appointment, be interviewed, and hopefully be granted permanent residency. You can go to the appointment and be served with a Notice to Appear, placing you in removal proceedings. You can go to the appointment and be detained by ICE and placed in removal proceedings. The choice to retain an attorney at this time is up to you. Good Luck.... Read More

Unfortunately you will have to find some other way to come back to the US. Your ex-wife cannot sponsor you at this time as the marriage is ended. I suggest that you have a consultation with an immigration lawyer who can go over all your 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

Your husband can put down zero on the questions. Your husband should enclose an explanation as to why he was not working with perhaps a copy of his degree if he graduated.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

Where the household size is two, a person making more than $30,000 a year is well above 125% of the poverty guidelines. Those state that for a family of two, the amount to make for most states is $20,300; for those in Alaska, $25,362; and for those residing in Hawaii $23,337.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

Your calculation of two is the proper number in calculating the affidavit of support for you. You cannot be counted twice, and so your husband should ignore the line "if you are currently married, count 1  for your spouse." Otherwise the number in your total household is incorrect.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

Your sponsor could explain in a statement to U.S.C.I.S. that he was not working during those two years, and supply any proof that he has supporting his statement. For example, a person who was a student would generally be able to supply a copy of the student body card, and transcript of schooling, or another could show that he was being claimed as a dependent on someone else's 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 More

Persons who have some type of legal status in a country other than the homeland of persecution would find it difficult to obtain asylum in the US. That is because no country wants to give an individual the choice of applying in that country when he or she could have applied in the first country. In your situation, you have a temporary residence card in Poland and unless circumstances exist such as your also having a fear of persecution in Poland, it is doubtful that you would have a successful case for asylum in this country. Other factors that could affect a decision could be whether Poland allows individuals to apply for political asylum and whether your status in Poland ended and you have no right to return to that country.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

Generally speaking, a green card holder would not be deportable because of a minor offense. That being said, there are many offenses which in the minds of individuals are minor, but which are considered major under the immigration laws. With Mr. Trump's Executive Order on interior enforcement of the immigration laws, it is right to be worried about the effect of crimes since that appears to be a prime target of his order. If you wish a definitive answer on which minor offense you are concerned with (if you are concerned about a particular one), you should visit an immigration lawyer with all the circumstances of the case to obtain a formal opinion.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 entered the country legally, your father can probably assist you in adjusting status to permanent residence in the US without leaving. If not and as you are under DACA, you may be able to leave the US under an advance parole for emergency, school related, or business related reasons. If so, your parole back into the United States may make you eligible for adjustment of status. If neither of the two situations apply to you, you may still be able to obtain your residence status through the I-601A program under which your father would petition for you as his relative on form I-130, and when that is approved, you would be able to submit an I-601A request for a waiver of the 10 year bar for being here in the US unlawfully for a year or more. The I-601A adjudication would be based upon your establishing extreme hardship to your father if you could not return to the US. Assuming that the waiver is approved, you would complete your case by having it consular processed through the National Visa Center in the States and the US consulate or embassy in your home country. Kindly note that the I-601A program has a good rate of success, but also that its future may depend upon how vigorously Mr. Trump wishes to go after programs benefiting the undocumented.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

From your fact situation, it is difficult to see that you will be allowed to change your J-1 category within the US. Generally changes of category must be clearly consistent with and closely related to your original program and the change is due to unusual or exceptional circumstances. That does not seem to be your case.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

Under the circumstances that you describe, there is a good possibility that the company hired the employee without proper authorization. Organizations must comply with U.S.C.I.S.'s I-9 documentary requirements which separate documents into three categories. List A documents are those establishing both identity and employment authorization in the US and include US passports, green cards, and foreign passports with I-551 green card stamps. List B contains documents that establish identity such as driver's licenses or state identity cards. List B documents must be submitted in combination with documents on List C that establish work authorization such as unrestricted Social Security numbers, US Citizen identification cards, and employment authorization documents issued by DHS. You can ask your employee to supply at least one document from list B and C to satisfy the I-9 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 More

As long as employer A continues with your motion for reconsideration, your H-1B matter would not be affected by your transfer of CPT and working for employer B. A petition by your new employer for H-1B status next year would also not impact your H-1B appeal case as long as the first employer is willing to continue.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

You must respond to the request for additional documents. Your failure to do so can result in a denial of your visa application. Whether you were legally eligible to marry is a very important part of the inquiry. It appears you have the original death certificate. It is not clear why you cannot submit a copy as requested. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Start by determining if you are eligible for DACA. It is not a good idea to file an immigration application of you are not eligible for the benefit. You can find eligibility requirements for DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca. If you are eligible, start gathering the required supporting documentation and complete the required forms.... Read More

A conviction during the five-year good moral character period can lead to denial of an application for naturalization. More specific information is needed about the criminal case before an assessment can be made. It would best to simply renew the green card and then file for naturalization after five years have passed. Consult an attorney for a more thorough assessment. In the interim, you can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read More

You must notify USCIS of your change of address. You may submit Form AR-11 online or by mail. Once USCIS has received your Form AR-11 your address will be updated. Any further correspondence should be sent to your new mailing address. Your case should also be routed to the appropriate field office.... Read More