Georgia Immigration Legal Questions

A one-day difference in the information concerning your travels on the N-400 form is not anything that you should worry about, and you should just have a nice swearing-in day. 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 More

OK so you can sponsor her for a fiancée visa, but the requirement is that in order to do that you need to have physically met within the last two years. Once that physical meeting has taken place, then you can sponsor her for her Fiancée visa. Now if you are not serious about marrying her presently, then she can simply apply at the US consulate in Brazil for a tourist visa. She will have to show that she has a job and property in order to convince the consulate that she Will return to Brazil after her trip is finished.... Read More

It is a little unusual for an applicant for adjustment of status for the green card who applied for a work permit not to receive it after so long. I do note, however, that USCIS is delayed on many applications, including employment authorization documents. You may wish to check the current processing times and if over that, contact the USCIS Contact Center at 1-800-375-5283 to ask about your employment authorization. Once you obtain your work permit, you should be able to obtain your SSN shortly thereafter if you requested it also on the I-765 employment authorization application. If not or if the SSN does not come to you within 30-45 days after receiving your employment card, you should contact the SSA to ask about the card. Insofar as your question concerning the ability to obtain past Social Security or unemployment benefits, I do not believe that you would be eligible, but I do not practice in that field and suggest that you may wish to ask that question of a lawyer more familiar with that area of practice. 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 More

The fate of DACA is up in the air at this time as everyone appears to be waiting for what Congress will do with the present DACA legislation which has been introduced. They are also waiting to see what Texas District Court Judge Hanen will do with the program although he appears at this time to be delaying a ruling as he also looks to see what Congress will do. Currently USCIS is accepting new applications for DACA and your friend is probably eligible as long as she meets the educational requirement and is not barred by criminality. 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 More

There is unfortunately no faster way of which we are aware that you can bring your father from Afghanistan on an immigrant visa until you become a US citizen. Other methods of immigration would take just as long or longer. To see whether your father could qualify for any type of nonimmigrant visa other than a visiting visa, you could possibly take a copy of his detailed CV to an immigration lawyer if you believe that there is a possibility based on his education and/or working experience. 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

It would be difficult to sue to have the fees returned because of COVID-19 delays and the K-1 visa being denied. The chances are unlikely. 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

Generally speaking, the delays in having cases returned and USCIS looking at them again make the readjudication of K-1 petitions difficult to wait for. If you still have a good relationship with your fiancée, you may refile with all the evidence including your current communications. Getting married and filing an I-130 petition would present USCIS with another look at your case, and may show more of a level of commitment. 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

Your parents and their visas should not be impacted as long as they had timely extensions pending at the time that they left the US. They would be subject to the rules governing visitors on subsequent visits which means that their purpose is only to visit the US for short periods of time and not to stay most of the time in the US and only visit the home country. Subject to that restriction, they should carry proof that they had the extension papers pending and that they maintained legal status in this way in the US before they left. In my opinion, it is not worth submitting motions to reopen or reconsider their cases. 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

Generally speaking, an arrest for shoplifting (if the only offense) is not an offense that would make an individual inadmissible to the United States. However, if coming in as a visitor, your friend should apply for a visa at the American consulate or embassy, disclose the offense, and hope that the consular officer will issue the visa. I note that visiting visas are given in the discretion of the consular officer. 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 assume that you are not talking about your child’s passport, but a visa to come to the United States. It is certainly true that it is more difficult for individuals to obtain visiting visas when they have had an immigrant visa petition filed on their behalf. It would probably be a better idea to have her apply for and obtain a visiting visa before taking any actions towards her 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

Any violation under the 10 year bar for being in the United States illegally under section 212(a)(9)(B) will expire at the end of 10 years. However, a bar for a crime involving moral turpitude does not expire in most cases and a waiver will most likely have to be applied for. I note that you have cited the waiver sections of the Immigration and Nationality Act and those were probably notated on the denial decision. There is a waiver for most prostitution offenses that occurred more than 15 years ago if a person has been rehabilitated and admission of such a person would not be contrary to the national welfare, safety, or security of the United States. Otherwise a waiver would have to be applied for on the basis of extreme hardship to a US citizen or lawful permanent resident spouse, parent, son or daughter. 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 you're already married then he is not your fiancé but rather your husband. Consequently he needs to apply for a spousal visa. Consider working with counsel so you don't make any more mistakes and lose many more months of being separated again. Some of us charge a very affordable flat fee and counsel anywhere in the USA can represent you from start to finish. ... Read More

Hello, Thank you for your question.  If you lose your job and are not able to find another position in the same category then I would file for your adjustment of status through your marriage as soon as possible.  Once your current adjustment of status application through employment is denied/withdrawn then you will be out of status and accruing unlawful presence.  While this time would be waived once you are approved for adjustment of status through marriage to a U.S. Citizen, it's best to have as little of a delay as possible in submitting the new adjustment of status application. Kind regards, Erin   Due to the limitations of the Lawyers.com Forums, Erin Elliott 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 Jeff, Your wife is able to continue her work as an aupair so long as it meets the requirements set forth in her DS-2019 and her most recently issued I-94.  If she is eligible for adjustment of status then she may also apply for a work permit while her adjustment of status case is pending.  It typically takes about 6 months to receive the work permit through adjustment of status. Kind regards, Erin Elliott... Read More

Hello Viky, Thank you for your question.  Generally pregnant women are not subject to the 5 year bar in receiving Medicaid benefits.  Therefore, typically a pregnant legal permanent resident is able to receive Medicaid benefits during the term of pregnancy.  Pregnant women then revert to the 5-year bar once their pregnancy is over, if they have not yet been in qualified immigrant status for 5 years. Kind regards, Erin... Read More

The I-130 form appears fairly specific in asking for the marital status of the beneficiary. In this case, you say that he has been separated for four years, so that is the information that should be checked off on the form. 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

Having two H-1B's is not the same as having two different nonimmigrant statuses in the US. My guess is that you can work legally for two H-1B employers as long as you have approvals for both as long as you are maintaining the working conditions as specified under the H1B petitions. I do not believe that checking a box for concurrent employment is the determinative factor in whether an additional H-1B employment is valid. 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

Currently for the month of December, immigrant visas are being given to individuals who filed under the sibling category for Pakistan-born before February 1, 2007. You still have at least four years to go before your priority date becomes current and you can immigrate to the US. The immigration laws do not allow someone to file for an adjustment of status through form I-485 unless the priority date is current. For other options, you and your brother should consult with an immigration lawyer. 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

It is possible that the child's father can report you to Immigration out of spite because you are asking him for child support, but it would be up to Immigration whether to pursue you as there are between 10-11,000,000 undocumented immigrants in this country. No one can guarantee you that you will not have a problem, but ICE is currently concentrating more on individuals who already have final orders of removal. 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

As you know, things are very chaotic at the southwestern border, so glitches and delays are to be expected. I do not imagine that your lawyer is to blame for the rescheduling of your case. Many people are scrambling around trying to figure out how to have their cases processed. 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 problem for your naturalization interview if your green card is presently in the process of renewal. The naturalization officer may very well inform you that you were not required to renew the card as you filed for naturalization when you had at least six months validity left on your green card. 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