Florida Immigration Legal Questions

It is sufficient that a petition be filed within the 60 day grace period for an H-1B transfer. A receipt is not required as long as the petition is properly filed and not rejected for any errors. I note that USCIS has been giving warning that its issuance of receipts is delayed. 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

Hello Joanna. If you are a US citizen, and you marry your boyfriend, and he entered the United States with a visa, then you can sponsor him for his green card, and he can process his case without going back to his country. This is true despite that he is out of status now. Some of us charge a very affordable flat fee rate to handle the case from start to finish. ... Read Answer

The F-4 category for siblings of US citizens is presently available only to those filed I-1130 petitions before 9/22/06 (final action date) except for further backlogged countries India, Mexico, and the Philippines. Because there is no visa availability, an I-485 cannot be filed. The US does not allow individuals to file I-485 applications and then wait until the priority date is current. Sorry. 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

It is probably best form for you to send a request to USCIS to cancel your application at this time since you have left the US. Otherwise USCIS will likely deny the request anyway upon finding that you have already left the 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

So, there are two pathways to achieve your goal. You can either apply for a fiancée visa and then have your fiancé come to the United States and adjust status to get a green card, or you can get married first, and then apply for your Spouses spousal visa and your new spouse will process at the US consulate in the Dominican republic. The fiancée visa is taking slightly less time I would say a total of maybe 2 to 3 months less, but the process is still going to take a year.... Read Answer

USCIS systems are not perfect and many times have incorrect information. If you were already interviewed, the information is in your file and in the mind of the officer who conducted the interview. That is more important than what is on the online system. 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

If the immigrant receives any “means-tested public benefits,” you are responsible for repaying the cost of those benefits to the agency that provided them. If the debt is not repaid, the agency can sue you in court to receive the money owed. When in doubt, ask the benefit provider if the benefit is a “means-tested public benefit.”Also and more importantly is the J visa she's on subject to the two year home requirement. If so then that could pose problems if she marries then tries to adjust to her green card. ... Read Answer

A reasonable of time is probably 5-6 months. If you try to make a quick turnaround, a CBP officer may very well ask you what you left behind when you try to reenter. A long period of stay in the US followed by a quick trip overseas and attempted return can raise questions. 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

As long as you are still married to the F-1 holder, the F-1 holder is maintaining status, and you are not in violation of your present status, a denial of change of status would have no effect on your F-2 status. If you go back home and attempt to apply for a F-1 visa, there is no guarantee that the F-2 visa will be left alone if the F-1 visa is denied. That would be up to the consular officer. On your third question, I am not sure whether you would get a new SEVIS ID when you get the new F-1 I-20 – you can ask the DSO that question as he or she handles I-20 changes a lot and likely knows the answer off the top of his or her head.  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

If you marry him you would need to file for his 601 waiver and show extreme hardship to get approved. It's possible but it will be a struggle. If you were married and had a child together the chances would be higher. Any counsel who takes your case would need to file a waiver for the crimes and one for the illegal entry. ... Read Answer

Immigration law is federal and you would likely get the same treatment if you married in Florida or California. You should ensure that your small criminal record misdemeanor is not considered by Immigration to be a crime involving moral turpitude nor that it is one that would make you inadmissible. Upon filing for adjustment of status based on marriage to a US citizen, the main focus of USCIS will usually be on the bona fides of the relationship. I do note that USCIS in past years gave harsh treatment to some expired ESTA holders trying to adjust status on the basis that they had signed away all their rights when they entered under ESTA, but USCIS has largely stopped that practice. 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 can file to change your status from a visitor to a student. One red flag that I see is you want to change your status only a few weeks after entering the country. USCIS may feel that you had concealed intent when entering with a tourist visa. Accordingly you need an attorney to prepare the petition to maximize your chances of success. Good luck. ... Read Answer

USCIS allows individuals who have filed a timely request for extension to remain in the US until the time that the extension request is adjudicated. Of course, if the time requested is close to expiration and there has not yet been an adjudication, the agency would expect the individual to leave or to submit another application prior to the ending date of the requested extension. 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

  Unfortunately you would be sponsoring your married son under the F-3 category for married sons and daughters of US citizens. Currently the waiting time is approximately 12 years as the visa availability date for the month of June 2020 is only up to April 15, 2008 for all of the world except for natives of Mexico and the Philippines who must wait longer. If he wishes to immigrate faster, he should sek another route. 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 answer really is it depends. If you try that you may get approved but USCIS may require an interview and grill mom as to what her true intent was. Did she intend to visit but then changed her mind? Why did she change her mind? Did she buy a one way plane ticket? How many bags did she pack? All these questions will be relevant to determine whether she had concealed intent when she entered the states. Discuss case with counsel here in Florida for a full review of the facts. ... Read Answer

You can sponsor him for a green card after marriage by adjusting status but the correct legal way to do this is for him to return to the UK and process for the green card at the consulate. Adjusting his status while he's in B visa status is technically immigration fraud and can result in complications. Consider working with an attorney to represent you from start to finish. Some of us charge a very affordable flat fee. ... Read Answer

First are these your step children or your biological children? If step children, did you marry their mom before their 18th birthday? How old are your children now? Are any of them married? If they are overseas, then you can't file a 485. The 485 is filed only if they are already here in the US and want to adjust status. You file all documents and forms so that they can process at the foreign consulate in their home country. Consider working with an attorney to represent you. Some of us charge a very affordable flat fee. ... Read Answer

  Yes, a green card holder can apply for unemployment benefits. You do not have to worry about the public charge situation since unemployment benefits are not regarded as a means tested benefits. 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

Your mom as a US citizen could sponsor you as her child but if you are an adult now you would fall into a family preference category and not the immediate relative category. Consequently there would be a long waiting period before your priority date becomes current and even longer if you are married. You can go to the Department of State website and find your preference category to see what your priority date would be. ... Read Answer

  In these times in which undocumented immigrants are being picked up for any reasons whatsoever, you should perhaps avail yourself of the services of nonprofit legal organizations or immigration attorneys with experience in removal proceedings. 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