Florida Immigration Legal Questions

A step relationship is only created through marriage, and so while you will be able to petition for your biological father, you will not be able to do so for your stepmother. I also note that you would only be considered a child of your stepmother if the marriage of your father and stepmother occurred before you were the age of 18. I assume that after your father immigrates, he can file for your stepmother under the F-2A category for spouses of permanent residents. When you sponsor your father, you will also have to file an I-864 affidavit of support to show you will be able to financially support him. If you are not able to do so, you or he can  perhaps enlist the assistance of a good friend or relative who is willing to take up the financial burden. 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 ask through submitting form G-639 Freedom of Information/Privacy Act Request for a copy of your immigration file. It will likely take at least four months to obtain it. The I-130 information that you access will be confined to your information and not that of anyone else unless that person joins in the request. 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

Under immigration rules, an individual is allowed to work for a petitioning employer during the transfer period, but here the question is whether you are allowed to work for both companies during that time. The situation appears more complex where you do not stay with the second employer, but go back to the first. The question could be whether your employment with the second employer would be seen as a violation of your H-1B status. There may be some problem in the future relating to your employment with the second employer although it would likely be overcome. Paychecks provide a record of your employment.  That being said, I do not see your second employer creating any issues for you. 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

Assuming you have met within the last two years in person, you can sponsor her for a fiancé K visa, which takes about 6-11 months to become available. Once she enters the US on the K visa, she must marry within 90 days, and then she can adjust her status to get her green card. My office charges a very affordable flat rate fee to handle the case from start to finish. Good luck.... Read More

I imagine that that is a very good reason for the US citizen spouse to withhold filing paperwork on behalf of your boyfriend. There is nothing that you can do, and immigration law bars a US citizen from filing papers in a marriage case unless there is a bona fide marriage in which the parties intend to live in marital union. That does not appear to be your boyfriend's case. 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

Tourist visas will be denied by the US consulate if the immigration officer believes that the grandmother will likley not return back to El Salvador after she enters the US with her tourist visas. They look at assets, property ownership, ties to her home country etc etc. to determine if she will return. ... Read More

I'll give you the typical attorney answer of "it depends". Were you convicted? What was your sentence? Have you had any prior convictions? If you haven't had any other trouble with the law, it probably won't negatively affect your citizenship efforts, but there is no way to know for sure based on the info you posted. It's best to contact an Immigration Attorney for a more in-depth analysis and consultation.... Read More

In immigration cases based upon marriage, the applicant can apply under his or her own surname or the spouse's. This is the exception to the rule that the name on the case must be the one on the birth certificate barring a recognized name change. 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

I do not believe that you will be able to have your mother downgrade the petition from F-1 to F-2B if she never applied for you when she had a green card. The remedy of which you speak was specifically drawn up for green card holders who petitioned and then later naturalized.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 relationship between grandfather and grandchildren is unfortunately not one that can lead to permanent resident sponsorship. Perhaps their grandfather would be satisfied with less, e.g. having the children stay with him during school breaks and the summer. That could be done just by you taking the children to the US on your passports since Canadians do not need visas to cross the border and if need be, explaining your purpose to CBP at the border. 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

I do not know if there are special circumstances for Cubans, but in general US citizens applying for fiancés and husbands overseas would wait about nine months for fiancées and one year for husbands. The choice is through applying as a K-1 fiancé or through an I-130 relative position. The choice is up to you. But please note that the conditions of the fiancé entry are that the couple must marry within 90 days, and then must file papers to adjust the noncitizen's status to permanent residence. Under the I-130 petition, the noncitizen spouse would enter with resident status. 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 the L-1A visa is rejected, there is a very strong possibility that the US consulate or embassy will revoke the visitors visa. From your situation, I would hope that the L-1A petition is based upon your employment with a company related to the one that you represented that you were working for when you applied for the visitors visa. If not, a consular officer could be looking at issues of misrepresentation also. 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

Whether your spouse can continue to work under a receipt for filing a new application for employment authorization depends upon whether the application was submitted prior to the expiration of his former EAD and whether the application was in the same category for which he was previously approved. Under his political asylum application, the legend on the employment authorization card was (C) (8). If the new application was timely filed under the same (C) (8) category, he would be authorized for employment while awaiting a decision by U.S.C.I.S. On the other hand, if he applied for a new EAD under the legend for adjustment of status, (C) (9), he would not be authorized for work during the pendency of the application even if timely filed. He would have to wait until U.S.C.I.S. made a decision on the application. 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