Florida Immigration Legal Questions

You are not authorized to work as an F-2 visa holder. You cannot engage in work while in the United States regardless if everything will go through an international company as you will actually be doing the work in the country. Engaging in the activity you propose can lead to a study's violation, which in turn can lead to a denial of entry or removal. ... Read Answer

If you moved back to Canada in 1995 with no visits or sporadic visits to the U. S. since then, you would have lost your green card long ago. You would probably have to start the process all over again of immigrating to the States. If your children are U. S. citizens and over the age of 21, they could conceivably petition for your immigration. If they were 18 years or older at the time that you married with your 2nd wife, however, they would not be able to petition for her. In that situation, you would have to immigrate first and sponsor your wife under the F-2A category for spouses of lawful permanent residents. The backlog before she could enter the States with permanent residence is approximately 2-3 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. t-family:"Albertus Medium","sans-serif"'>  ... Read Answer

Ownership of property in the United States does not create a path to citizenship. Your neighbor must first become a lawful permanent residence. Lawful permanent residence is typically acquired through a petition filed by a family member or employer. Assuming your neighbor has a path to residence, he would need to spend most of his time in the United States until he became a citizen (which in most circumstances is after one has been a resident of the United States for five years). You can read more about inmigrating to the United States at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

It may be possible. Your fiancé will need to be at least 18 years of age to file in order to sign an affidavit of support. The forms required and costs involved will greatly depend upon your immigration history. For example, if you previously entered with a visa and your fiancé is a United States citizen, you will likely be able to seek adjustment of status. This is a less complicated process. You should consult an attorney to discuss your immigration history. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Remaining outside the United States for a year or more triggers a presumption of abandonment. However, lesser stays outside the United States can be problematic. You are expected to reside in the United States when you are a lawful permanent resident. This does not mean you cannot travel but you are expected to spend more time in the United States than out. You should plan to face secondary inspection upon your return. You should be prepared to both document and speak about your travels including why you have spect so much time outside the United States. ... Read Answer

1. You may be required to annul the voidable marriage. It would be important to check with an experienced family/matrimonial law attorney. 2. You will have to remarry regardless of whether you need to seek an annulment. Your husband's divorce does not change the fact that your marriage is voidable. 3. It will depend upon whether he knew he was still married. He could face consequences for big any and even perjury for providing false information on the marriage license application.  Regardless of how you have to proceed, you need to be prepared to address questions about the circumstances. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Unfortunately, it does not appear you could help him obtain lawful permanent residence. You could file an immigrant visa petition on his behalf but it would be useless to him as he could not use it to seek a green card. The reason is that to apply for a green card based upon an approved employment visa petition while in the United States you have to establish you were admitted and that you maintained lawful status during your entire stay.  Your employee may have other options depending upon more information about his circumstances. I would recommend you help him by getting him in contact with an experienced immigration attorney. However, please keep in mind that some times leaving well enough alone is the best course of action. ... Read Answer

You would continue to be the owner of the house. Deportation does not result in the seizure of your assets in the country. Deportation is simply your physical removal from the country. You may want to speak to a local real estate agent or attorney about your options should you be deported. ... Read Answer

You may qualify for a TN visa. It will depend upon your profession. To qualify for a TN visa, you must establish you must be engaged in a qualifying profession. You can read more about TN visas at http://myattorneyusa.com/tn-status-for-nafta-professionals-citizens-of-canada-and-mexico.... Read Answer

These pending charges will impact your green card application. USCIS will not be able to complete adjudication of the application without the criminal case being fully disposed. You should go to the biometrics appointment as scheduled. Your background check will show you have been arrested whether you go now or a few months from now. You will also need to disclose the arrest regardless of the outcome. You should proceed cautiously with any plea offered. Consult an experienced immigration attorney before accepting a plea agreement. You can read more about adjustment of status at http://myattorneyusa.com/criminal-aliens.  ... Read Answer

It is your choice whether to use an attorney or not. Assuming you never admitted possessing drugs and the case was dismissed, you would not require a waiver, because you were arrested. That being said you may not be eligible for adjustment of status if you have failed to maintain status. An adult son or daughter who is the beneficiary of a petition filed by his/her parent cannot adjust status unless he/she has maintained nonimmigrant status or is grandfathered under INA 245(i). You would need to seek an immigrant visa through consular processing, which will result in the need for an unlawful presence waiver. At the very least, I think you should consult an experienced immigration attorney so you understand the process and who can verify your arrest is not an issue. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is best to seek naturalize if you wish to maintain ties to the United States yet live outside the country for extended periods of time. If you were to remain outside the United States for an extended period of time as a resident, you risk losing your lawful permanent residence. However, as a citizen, you can remain outside the country for as long as you would like and still be a citizen. You could freely return to the country and should be able to receive social security payments without issue. ... Read Answer

A C1/D visa presents the situation where the individual is in transit in the US (C-1) to join the ship (D). That does not appear to be your daughter's father's intent when he enters the US. As he has a B-1/B-2 visa, he can explain his situation to the immigration inspector at the airport when he arrives. I believe that he would be admissible under the B1/B2 visa for the purpose that you described.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

Except in limited circumstances a child born on United States soil is a United States citizen. The child's parents' immigration has no bearing on his/her citizenship. You can read more about citizenship at http://myattorneyusa.com/the-citizenship-clause-and-jus-soli-citizenship-citizenship-by-birth-in-the-united-states.... Read Answer

Except in limited circumstances a child born on United States soil is a United States citizen. The child's parents' immigration has no bearing on his/her citizenship. Based upon the information provided, the sons would be citizens.  You can read more about citizenship at http://myattorneyusa.com/the-citizenship-clause-and-jus-soli-citizenship-citizenship-by-birth-in-the-united-states.... Read Answer

Your mother will not automatically lose her tourist visa, because you file an immigrant visa peition on her behalf. However, once the immigrant visa petition is filed, your mother is likely to be denied admission. CBP will deny admission because your mother will be viewed to have immigrant intent. It is not advisable for your mother to attempt to enter the country with a tourist visa while the immigrant visa process is pending. Your mother risks not only being denied admission, but expedited removal. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Most green cardholders can only file for citizenship after five years. Those who are married to US citizens have the ability to do so after three provided the applicant has held the green card for three years, the US citizen has been a citizen for three years, and the couple has been living together constantly during the three-year period. The law allows such married individuals to file within the 90 day period before the three years if the only unmet condition is the first – not having the green card for the full three 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

The fact that your mother is a United States citizen and your sister is a lawful permanent resident does not entitle you to employment authorization. You would need to obtain an immigration status that authorizes work. Your mother could petition for you to receive an immigrant visa. Once you become a lawful permanent resident, you would authorized to work in the country. You could also pursue a nonimmigrant visa that allows you to work such as an H-1B visa. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

USCIS freqeuntly transfers files to help increase processing times. You cannot file for your mother to receive a visa to enter the United States while waiting for the immigrant visa petition to be processed. A lawyer will not necessarily make the process faster. An attorney can help make the process faster may limiting the number of requests for additional documents. The attorney can also help you prepare for the next stage so you can start the visa application process imediately after the case is sent to the National Visa Center. I would encourage you to speak to an attorney to assess how much longer the process may take and to provide you with information about the next stage. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

At this stage, it may be best to file a new Form I-751. There is no authority under which you can file a second motion to reopen. I encourage you to work with an attorney. This attorney can help guide you through both the Form I-751 process and Immigration Court. You can read more about removal of conditions at http://myattorneyusa.com/removing-conditions-on-permanent-resident-status-derived-from-marriage.... Read Answer

It appears you are out of status given your SEVIS has been terminated. Your status is tied to your participation in the program. Once you cease participation, the school is supposed to terminate the SEVIS. You be able to seek reinstatement but there is simply not enough information available. This is a matter where you need to consult an attorney. ... Read Answer

You do not need to pay a fee for overstaying your visa. You and your son will need to file the appropriate applications with the government filing fees, but there is no fee for overstaying your visa. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer