Connecticut Immigration Legal Questions

USCIS will issue a decision denying the immigrant visa petition because it was withdrawn. However, the fact that the petition was withdrawn does not prevent USCIS from making a fraud finding or investigating allegations of fraud. You can update your mailing address at www.uscis.gov to ensure you receive all future correspondence. ... Read Answer

It is currently taking USCIS approximately seven months to process an H-1B extension of stay. You may remain in the country and continue employment for up to 240 days while the extension is pending. A transfer can be filed while the extension is pending, but it is best to wait until after the extension has been approved. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read Answer

Your withdrawing a petition does not insulate you from a finding of fraud. In some instances, it can make the matter worse. Your wife will have no legal status of right to remain in the country. Her work permit will become null and void upon issuance of a decision denying her green card application. Your wife could find herself in removal proceedings. I encourage you to work with an attorney if your goal is to keep your wife in the country and acquire status for her.... Read Answer

If you are under 21 and unmarried, your U. S. citizen father may be able to sponsor you for permanent residence and you may be able to adjust your status to permanent residence in the U. S. If you are over the age of 21, you would not be allowed to adjust status here and would have to go back to Poland to get your green card. Marriage to an undocumented immigrant would not give you the right to adjust status and your father would then have to petition for you under the F-3 category for married sons and daughters of U. S. citizens which has a backlog of approximately 11 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 Answer

Since you appear to be in valid J-1 status, it would appear that you have 2 choices – either leave the U. S. and apply for the F-1 visa at an American consul or send an application to U.S.C.I.S. requesting a change of status. The change of status application is the I-539 Application to Extend/Change Nonimmigrant Status with fee of $290 and should be accompanied by the I-20 of the school, I-20 fee (if not already paid), proof of ability to support yourself during the period of schooling without having to work, and proof of ties with your home 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 Answer

I suggest that if you do not have satisfaction through repeated attempts (which are documented) to obtain a refund, you should lodge a complaint with the Better Business Bureau or Department of consumer affairs of the locality in which the company is located. I give this advice as your fact situation says company and not attorney. If an attorney was involved, you can lodge a complaint with the local Bar Association. 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 should seek an attorney familiar with immigration litigation in the immigration courts. That attorney would likely obtain a copy of your file, and move to have your case reopened. Whether it can be will likely be a joint decision of Immigration and Customs Enforcement (ICE) and the immigration court. 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 H-1B contemplates that an individual will work in a specialized occupation for an employer in the US. You do not appear to be in compliance as you state that you have outsourced all the work. If this is known at the time of the processing of your I-485, it will constitute an issue involving non-maintenance of status and possible misrepresentation. 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

Hi. You can do either option. The waiver will take more time and money. You can marry and file the case after the 4 months in China or marry, file the case and have her wait for the immigrant visa processing in about 10 months. Or, you can file the waiver and then the case in the US while here on the B2. The most efficient would be to wait the 4 months and then process (assuming her B2 is still good). Let me know if you would like any assistance with any option. ... Read Answer

It usually takes U.S.C.I.S. between two – four weeks to send out a receipt. I assume that your brother has received it by this time. Assuming also that U.S.C.I.S. received the application, your brother can stay in a quasi legal status in the country while awaiting an adjudication on the application. If by some chance he has not yet received the receipt and is still in the country, he can contact The National Customer Service Center of U.S.C.I.S. (1 – 800 – 375 – 5283) to track his 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 Answer

The deadline for adoption in order to gain U. S. immigration benefits is the age of 16 at which time the adoption must be fully completed. Being the age of 24, you would not be benefited under U. S. immigration law even though you have no real ties to your birth parents and that you consider your real family to be here. You will have to think of another way of immigrating in the event that you wish to stay here permanently. 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

This is a difficult issue. You should be living together for a new marriage and your immigration process. The USCIS expects married couples to live together and prove cohabitation. Thus, if you file with separate addresses, the case may get denied for suspicion of fraud. You should be very careful if you choose not to live together. ... Read Answer

If you have a J-1 visa with a binding two-year foreign residence requirement, you would have to satisfy or waive the two-year home residence requirement prior to immigrating to the States. That being done, either of your children could sponsor you for permanent residence once they reach the age of 21. You can also apply for adjustment of status if married to a US citizen in a bona fide marriage. Otherwise you may wish to see what happens in Washington with the discussions on comprehensive immigration reform prior to trying to take any steps associated with cancellation of removal before an immigration court which requires 10 years residence, good moral character, and a showing of exceptional and extremely unusual hardship to your children if you cannot stay.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 state should offer him bail if criminal charges are pending.  His criminal defense attorney, assigned at no cost to him, should be able to help him with that.  If immigration has him in custody, whether he could get a bond is determined by the nature of the allegations against him.  So it depends on who has him in custody (the state or immigration) and why he is being held (for criminal trial or for deportation).... Read Answer