Florida Immigration Legal Questions

In our office, we usually put all sons and daughters of the beneficiaries on the I-130 form. I note that the form itself does not limit the term "children"although the Immigration and Nationality Act defines children as being under the age of 21 and unmarried. Also, the form instructions refer to both "unmarried children"and "married children". Additionally, some of our clients are uncomfortable with the idea of leaving out any of the 21+-year-old children, and so we generally include them. If there is a reason for which our clients do not wish to mention such children, we will leave them out. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 clear intent of the law is to prohibit unapproved people from working in the U.S. employment market. If a person is currently applying for lawful status in the U.S. but has not yet received the EAD (work permit) or their LPR (Green card) approval, then they may not work lawfully. The real question is whether or not Immgiration Serives will penalize you for working without documents in your application process?  If your spouse falls into the "immediate relative" category (US Citizen Spouse petitioning you), then your unauthorized work is exempted from the normal inadmissibility provision. In other words, the unauthorized work would not require a waiver or make you completely inadmissible to adjust status.  One problem that can really be a major stumbling stone is the "false claim to US Citizenship". Many people, especially people who have lived in the US for many years, will work as a US Citizen when they are not indeed a US Citizen. If USCIS finds out that you have made a false claim after 1996, you will be permanentely ineligible for LPR or Citizenship in the US.  This is provided as information alone, this is not legal advice and should not be construed as legal advice. This information should not be relied upon solely for any purpose. You should seek out the advice of a high level, licensed attorney for more information. ... Read Answer

The Foreign Affairs Manual in addressing the issue of the basis of following to join states the following that may make it difficult for your son to follow if you change your category at this point. “There is no statutory period during which the following-to-join applicant must apply for a visa and seek admission into the United States.  However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join.  As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D) below) or by entering a marriage.” Hope this helps. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 discuss this with your grandmother. You will be best served with both a competent immigration attorney and a criminal defense attorney, not just a public defender.  Public defenders 'may not know' what is going on, nor believe that they have the time to take the case to trial.  Some will pressure you to plead guilty and thereby make a mistake.  A public defender, or private criminal defense attorney, may wrongly believe that there are no other options or that it is not a conviction based upon Florida law.  That doesn't matter because the definition of a criminal conviction for Federal immigration law purposes requires much less! You rarely get a second chance once the criminal record is final. Again, if a mistake is made; that is, you admit guilt and are found guilty or otherwise somehow admit the elements of the offense to the prosecutor or the court in pre-trial agreements, among other hearings you can have trouble both entering the U.S. and seeking a renewal of your visitor visa, among other visa types. As a result, you really need to find a way to get financial support from your family at this time.  If not, be prepared to find suitable legal assistance, because this 'may be' the last lawful visit that you will be allowed to make to the U.S. on a tourist or any other visa. Of course, if you lie or fail to disclose the arrest and/or conviction, you will be indefinitely, even permanently barred from ever being admitted, even if you marry a U.S. citizen, perhaps! It is always best to tell the truth to consular officials if an immigration visa petition is pending for visa processing! Now, there may be other conceivable options to protect you, but you likely need help now and need to find a way to afford it! That can take time.  Some people, as you explain, cannot easily afford the terrible situations that they put themselves into. Good luck.... Read Answer

You can either pursue the route of a fiancée visa, or you can get married and pursue the route of a spousal visa. If your boyfriend travels to the United States on a visitor visa, with the intent only to visit, but later changes his mind and decides to get married and remain, he can adjust status, even though he falls out of status. ( as long as you're a US citizen) You should retain counsel here in the state of Florida for representation.     ... Read Answer

If your mother-in-law has been outside of the United States for longer than one year, then she will abandon that green card unless she applied for a reentry permit prior to leaving the United States. It may be possible to get a returning resident visa, but most likely she will have to reapply for a green card again. You should retain counsel to process the case from start to finish to make sure that it's done competently.    ... Read Answer

This is not as fast as it seems.  Your petition for her is subject to very limited visa quotas.  However, first you must petition her with the USCIS before the National Visa Center can preserve the petition for future use based upon the State Department's Visa Bulletin.  It is possible that your niece will be 21 years old before the visa can be processed.  If so, her daughter will need a separate petition from her mom.   Although you can start with the I-130, there will be other applications that will eventually need to be filled out.  If you have any further questions, I strongly recommend a consultation.... Read Answer

If you were living and working for an employer other than the one that petitioned you, then you fell out of status.  This seems like an undetermined as yet, violation of the terms of your H2b without more information, since you could have departed with the help of your nation's Embassy, or family/friends, perhaps.   However, USCIS is unaware at this point, so you did not accrue any unlawful presence.  What you seem to have done is to have worked for another employer, which may create concerns that you violated the terms of your H2b visa by working for another entity.  If you are found to misrepresent the truth, then you can be indefinitely banned from lawful immigration.  Each embassy and consular official has discretion to make an unappealable decision.  An attorney may be able to suggest a plan of action that is less likely to create long term problems, where returning to the U.S. is a priority for you.... Read Answer

An individual coming to the United States for purposes of visiting with visa (or for Canadians without visas) must still prove to Customs and Border inspectors that he or she is only visiting the US and not attempting to make the US the country of residence. Visiting the US shortly after leaving may raise questions concerning your intent. Six months is a guide and not a hard and fast rule, but visitors are encouraged to only be in the US six months and less during a year. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Unfortunately, USCIS has a huge backlog on EAD extensions. It will only entertain and expedite under the following circumstances: If you are a healthcare worker Who has a pending Employment Authorization Document (EAD) renewal application (Form I-765, Application for Employment Authorization); and Whose EAD expires within 30 days or less, or has already expired. USCIS may also consider an expedite request in your case if it meets one or more of the following criteria or circumstance: Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to: Timely file the benefit request , or Timely respond to any requests for additional evidence; Emergencies and urgent humanitarian reasons. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Persons who have been illegally in the US must generally leave the country in order to obtain H-1B or other nonimmigrant work visas. Obtaining parole and a work visa under the parole does not wash away the illegality to allow such individuals to change status in the US for nonimmigrant visas. In deciding whether to try for a nonimmigrant visa, the potential applicant should also consider how long he or she was not legally here before obtaining the parole and work authorization. Unlawful presence in the country for 180 days or one year brings about bars from returning of three and 10 years respectively. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

So it is unclear exactly at what stage he is in the immigration process. If he has a two-year card and he needs to get the conditions removed you simply do not have to file jointly the 751 application in order for him to remove the conditions to get a 10 year card. You will need to discuss this further with counsel in a private phone conversation.... Read Answer

In your situation, an I-824 Application for Action on an Approved Application or Petition will be necessary. In the far distant past, USCIS used to transfer approved petitions upon request. However, with the advent of the I-824 form, USCIS now requires payment and the form for the transfer of cases. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 will assume for purposes of the question that you and your son are both in the US at this time and that you are sponsoring him for permanent residence. Under that circumstance, your son would have to be in legal immigration status until the time that you file for his I-485 adjustment of status application since you are a permanent resident and not a US citizen. If he is in the country as a visitor, it is a violation of visitor status to attend schooling. The filing of an I-130 petition alone does not insulate you from a potential violation. Once you file for his I-485, the law in essence freezes his status from then on even if he begins to attend schooling. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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