Connecticut Immigration Legal Questions

Tara, you can still sponsor him for his green card but you may have to enlist a joint financial sponsor to file an affidavit of support. Transfer payments from Uncle Sam can not be counted in your own affidavit towards the minimum income requirements needed to act as your fiancés sole financial sponsor. Discuss your case with counsel anywhere in the USA. ... Read More

An I-130 approval does not give the beneficiary any rights to come to the US in order to adjust status. The waiting time under the F-3 category for US citizen parents filing for married sons and daughters is approximately 12 years. For you to enter the US during the waiting time to live and work with your children, you would have to qualify for some other category that allows faster entry with such rights. 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

Even after  approving a petition, a consular officer may still discover new issues, such as the petition approval being obtained through fraud, misrepresentation, or other unlawful means; or that the beneficiary is not entitled to the status conferred by the petition; or a consular officer discovers that the degree certificate presented is forged or the applicant does not have the necessary experience claimed that is required for the petition approval. In these cases, the consular officer can refuse the visa under the 221(g) provision and return the case back to USCIS to reconsider their decision and possibly revoke the earlier approved petition. Of course, there are other cases of 221(g) denial where the documents are missing, and the visa will be issued once documents are presented. Make sure you have an experienced immigration attorney on your side.  You should not do this alone.  Feel free to contact us and/or utilize the Find a Lawyer Function on this site to further explore attorney options.  Good luck. ... Read More

You can remain in the USA despite that your husband and you will divorce but you will have to file a waiver (of the requirement that the 751 be jointly signed) on the grounds that you have been physically and emotionally abused which are grounds that you allege in your fact pattern. You should consult an experienced immigration attorney who can prepare your waiver application with documents including but not limited to psychiatric reports on the marital abuse, police reports of any domestic violence, witnesses who can substantiate the abuse etc etc. Counsel anywhere in the USA can represent you. Good luck.... Read More

Unfortunately your fiancé will not be able to appeal the judge’s order successfully on the basis that he has U. S. citizen children and that you are now pregnant. If he has other grounds for appeal, he may bring those out before the Board of Immigration Appeals. As you are a green card holder, you and your fiancé may wish for a consultation with an immigration lawyer to explore any other options that you may have. 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 question in this case is whether the priority date of the F-4 petitioner is current. If current and the beneficiary is in the US on a legal visa, he may be allowed to adjust status with U.S.C.I.S. depending on the circumstances. However, the waiting period of an F-4 petition to become available is 13+ years and U.S.C.I.S. does not allow an individual to remain in the US just based upon a visa petition being filed or approved unless the priority date is available for immigrant visa issuance. 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

My understanding is that the a  clock reset needs two conditions,  1) you must be out of US for more than one year and file a new petition in new cap. (Since it sounds like  you re-entered on an old petition/cap, based off of your question, the clock would not reset. ) 2)In order to stay beyond six years H1 physical presence in US one needs to either a. Have PERM filed at least 365 days prior to 6th Year completion (this would enable filing H1 extension for 1 Year). OR b. Have I140 approved by the time 6th Year completes (this would enable filing H1 extension for 3 Years). It does not sound like you qualify for 2.a. above, therefore your hope is 2.b.  If there is audit it can take 1+ Year for I140 approval. Either way, I highly reccomend have a consultation with an experienced Immigration Attorney, like my partner, Amy Morilla. Please contact her at our offices if you need further assistance. 203.870.6700  ... Read More

Once someone becomes a permanent resident they are well on the path towards becoming a U.S. citizen if they so choose. Generally speaking, an individual must meet certain elgibility requirements before being able to submit their application: Must be at least 18 years old Must be a permanent resident of the U.S. Must maintain continuous U.S. residency for a certain period of time. It should be noted that extended absences outside the U.S. could "resent the clock" for determining eligiblity for citizenship:             Must have been physically present in the U.S. for at least half the period required for eligiblity immediately preceding the application for Naturalization; and Must have lived for at least three months in the immigration district where the application is filed for the six months immediately preceding the submission of the application for naturalization. must be of good moral character must be prepared to take an oath of allegiance to the U.S. There is quite a bit more infomration that you need in order to successfully apply for citizenship, but you should and need to consult with an immigration attorney.  My office handles these matters regularly.  Please contact us if we can be of assistance. 203.870.6700.... Read More

Ilir, once someone is deported, they normally get a ban on traveling to the United States. If you do have about a million dollars worth of cash, you can try alternative routes. Please consult with a competent and aggressive attorney. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read More

You are asking three distinct questions here.   1. Can a USC spouse petition for his or her foreign spouse? 2. Can it be done inside the USA if the spouse is already in the USA? 3. Would the fact she had been spending more time in the USA than she does outside the USA anyhow affect her successful bid to become a legal Permanent resident in the USA.    Answers:  1. Can a USC spouse petition for his or her foreign spouse? A USC can petition for his or her alien spouse unless the US citizen petitioner had been convicted of an offense recognized as a sexual abuse of a minor. In such a case, the US citizen spouse would need to ask for a waiver in order to file the petition. The USCIS form to be used is I-130.    2. Can it be done inside the USA if the spouse is already in the USA? Yes it is possible if the last entry into the USA was based on a lawful admission after inspection or parole under INA 212(d)(5). The process is called adjustment of status and is applied for on USCIS form I 485.    3. Would the fact she had been spending more time in the USA than she does outside the USA anyhow affect her successful bid to become a legal Permanent resident in the USA.  It could since the inquiry is going to be made whether she misrepresented her intentions as to the purpose of her travel to the USA at any time including during any inspection by the CBP or visa application at the consulate.   ... Read More

There is nothing in the law that says that you must go to the border with one month left on your OPT in order to apply for a TN visa. It may be that some people believe that they might be able to reenter the US under OPT if the TN visa is refused if they have one more month left under OPT. Your second question of what happens if you accrue more than 90 days of unemployment during your time under OPT, it would probably be very difficult for an immigration inspector to have knowledge of that fact although he or she may ask you questions about the subject if he or she is so inclined. 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

A joint sponsor is allowed to share income and assets with you if living in the same residence. The number of people in your household would be four – you, your son, fiancé and your mother. The income of both you and your mother should exceed the poverty guidelines for a family of 4. If not, assets can be counted at 1/5 value in addition to the income to meet the guidelines. 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 daughter-in-law has started to process to obtain lawful permanent resident. She must first be a lawful permanent resident for a number of years before she can seek naturalization. Her children should have been indicated on page 2 of the Form I-130. However, assuming your son is a citizen, her children cannot derive benefits from this petition. Your son would need to file independent petitions for her children (assuming the children were under 18 at the time of marriage). The other option would be for her to file for her children upon becoming a resident but it would be much faster if your son petitioned for them as his stepchildren. You can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read More

You may be able to change your status to a visa that allows you to work for your business. There is no one business. There are a variety of visas that may be applicable. The first step would be to determine which visa option is best for you. Typically, business owners obtain L-1 or E visas but not everyone qualifies. Speak to an experienced immigration attorney in depth about your plans and immigration goals before taking any steps. You can read more about investment immigration options at http://myattorneyusa.com/investment-immigration.... Read More

You will not be able to continue the green card process if your husband withdraws the Form I-130. Your spouse is not obligated to petition for you. He is allowed to withdraw the petition at any time. Unfortunately, this leaves you in a precarious situation as without an underlying immigrant visa petition you cannot adjust your status to lawful permanent resident. You cannot self-etition simply because your marriage fell apart. http://myattorneyusa.com/adjustment-of-immigration-status.... Read More

It will depend upon why the deportee was deported and when the deportation occurred. Some individuals who have been deported are not able to return while others may be able to return waivers. The first step would be to make sure you are eligible to return. The second step, assuming you can return, will be for your wife to file an immigrant visa on your behalf. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More