Florida Immigration Legal Questions

Hi.  You have 2 options. Filing in the US for processing here while he stays or waiting outside the US for the K3.  Yes, you can process in the US, if you come with the intent of a tourist. If you enter with preconceived intent to file for your green card, you may be refused entry or ultimately denied based on your fraudulent entry. Therefore, you must handle your process carefully and within the bounds of discretion. Processing in the US takes about 4 months. If he must leave after the wedding, returning as a tourist will be up to the officer at the airport. ... Read More

Hi. Did you enter on a visa to the US. If so, then you can file for your green card based on the marriage.  You will get a 10 year green card since you have been married for more than 2 years. I would be happy to discuss in more detail. Feel free to contact us anytime at: harun@ksvisalaw.com or 858-874-0711. ... Read More

As you are being petitioned under the IR (immediate relative child of a US citizen) or F-2A (unmarried child of a permanent resident), you will have to wait until you obtain your permanent residence before you can marry. A marriage would destroy the basis of the immigration petition. I do note the exception that an IR petition would change to F-3 married son or daughter of a US citizen if you marry, but the waiting time would increase to approximately 10 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 More

There is no such rule. The general rule for residence in naturalization cases is that the individual must be a US resident for five years and have physically resided in the country for at least half of the time. Periods of time that you are outside of the country generally have no effect as long as they are short in duration. 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

You can write on the N-400 form the exact date that you move to your present address in Florida. At the time of interview, you can bring whatever evidence you have to prove the fact such as a rental agreement, and credit card bills showing that you have been shopping or gassing up in the state of Florida. You can also show many other items such as registering for classes or your children registering for classes, applying for a local library card, or for a Florida drivers license, etc. 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

Hello. Once you marry, you can file for your spouse's green card. This can take place in the US if he are here or via the US consulate if he is still in the UK. I would be happy to review either scenario with you, but need more information about his visa status and marriage plans. Feel free to email or call anytime: harun@ksvisalaw.com    858-874-0711.... Read More

You could petition for your mother if you are over the age of 21, but if she was illegally in the US for over one year, she would be barred from coming back for 10 years from the date of her leaving the US unless she qualifies for a waiver. A waiver for your mother would only be predicated upon her having a parent who is a US citizen or permanent resident. For your father, it is unclear from your fact situation as to whether he had a prior deportation 15 years ago or only a deportation order. If he only had a deportation order and did not leave until he was picked up four years ago, he would require the same waiver is your mother, but would also require advance permission to return to the US after deportation through the approval of form I-212 Application For Permission to Reapply for Admission into the United States after Deportation or Removal. If he was indeed deported 15 years ago (1999) and then reentered the country illegally, he would not be eligible to file for a waiver until 10 years after he was sent out of the country the last time. 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

If your brother has been here for more than 30 years and is still not a resident and is not excludable under the immigration laws, he would certainly benefit if there is a legalization such as is being hoped for by Mr. Obama and the Democrats. Otherwise he may wish to consult an immigration lawyer to see what other routes may be available for his immigration.  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

For a citizenship interview, original documents that you should have are all your passports since getting the green card, any other travel documents, green card, and any documents of marriage, divorce, and children born since you received your permanent residence. Certification of criminal arrests and dispositions is required and certification of taxes is sometimes required depending on the particular circumstances.  Other documents are usually acceptable as copies.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 danger of a political refugee even with permanent residence renewing the passport of the persecuting country is that it raises questions in the mind of immigration officers of whether the individual really had a bona fide fear of the authorities in the home country. The best advice is to wait until you become a US citizen before returning to your home country. Then you can travel as a US citizen under the protection of the United States.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

In order for you to help out your son, you would have to petition for his permanent residence. Once he obtains that status, he would become a US citizen and you can then apply for his US passport.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

You can apply for a nonimmigrant visa, be refused, and then apply for a nonimmigrant waiver to enter the US. Whether it will be granted is up to both the US Consulate or Embassy and the U.S.C.I.S. admissibility review office in the US. Factors that may affect the adjudication would be the reason for the visit, the reason for which you are barred, and whether you would pose a threat to public safety or national security, etc.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

Thanks for your question.  Returning to your home country while in refugee status is very dangerous because DHS will believe you are no longer a refugee.  You will need to return to the US and explain at airport CBP what happened.  At CBP, they will make a decision about whether you abandoned your refugee status by returning to the country of persecution.  If they determine you abandoned your refugee status, and you are still afraid to return to your home country, then you must make it clear to the CBP officer to make sure you have a hearing with an immigration judge about your refugee status. Good luck... Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.... Read More

Hello.  If you are incorporated or have an LLC, it may benefit the extension to show all the income going through the company. Thus, the new company should be owned by your current Corporation, then you can use the E1 under "original corp" which operates an additional business. Best of Luck. ... Read More

Hello. You cannot file the I-485 until the Immigrant Visa is available on the visa bulletin.  Depending on your nationality, the I-130 may be available in 10 or more years. Thus, he can file the I-130, but cannot proceed with the Consulate processing or I-485 for 10 years or longer. ... Read More

Being applied for 2 H-1B’s by different employers is usually not a problem, especially when you are only in the labor condition phase. Some people even wait to see which one will succeed before making the choice of which employer to go with. 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

At this time, everyone is still waiting for action by Congress to pass permanent residence legislation for the DREAMERS. Short of that, permanent residence would only be available through the traditional immigration routes of family, employment, asylum, or investment, etc. Many of these routes would also require that the applicant be the beneficiary of §245(i), which allows adjustment of status for those who have a basis for doing so upon payment of a fine amount of $1000 if the individual is able to show that he or she was the beneficiary of a labor certification application or immigrant visa petition which was filed by April 30, 2001, and that he or she was physically present in the U. S. on December 21, 2000. . 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

Hello. You can own the company, but you cannot work there without the proper work authorization. Thus, you will need OPT, an H1b or an E2 (if you qualify for these visas). Here is some additional information on these: http://www.ksvisalaw.com/temporary-employment-immigration/h-1b-visa-lawyers/ http://www.ksvisalaw.com/temporary-employment-immigration/e1-e2-treaty-traders-and-investors/ I would need more information about your nationality, the other owners, the amount you are investing, etc. to better advise you. Your resume is also helpful in my review. ... Read More