Georgia Immigration Legal Questions

There are two types of H-1B visas, those that are capped and those that are uncapped.  H-1B visas which are capped are generally only available when applied for in the first five business days of each April. Exceptions are for those who are working at cap-exempt organizations which are institutions of higher education; nonprofit organizations affiliated with institutes of higher education; nonprofit research institutions; and governmental research organizations. If you do not have prospects of being sponsored by a cap exempt organization and wish to visit next year, please note that your legal visa status must extend to September 30 as H-1B visa statuses for cap H-1B organizations only begin on October 1 at the earliest, and filing for a change of status to H-1B does not freeze your legal immigration 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

ICE responds to complaints in its own time. It is even more aggressive these days in following up on complaints, and so it will likely work very quickly if you gave a good location. On the other hand, ICE also has much more work to do given the President's priority to move undocumented immigrants en masse from the country, and so that may slow down its response time. As with all undocumented immigrants, the coyote would be entitled to a hearing before the immigration court to determine his deportability. Working under the table is generally not used as a ground of deportability in the type of situation you describe, as that has more to do with the taxing authorities. 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 choice of whether to apply for H-4 EAD or to shift to F-1 visa is up to you at this point. The H-4 EAD situation is still valid at present although it is one of the targets of the Trump administration for elimination. Under F-1, you would generally have to attend schooling for a year before being allowed to work under curriculum practical training unless that was a part of the program that requires internship or fieldwork. 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

Unless there are extenuating circumstances, an individual can only ask for political asylum within one year of coming to the U. S. illegally, or if the individual came to the U. S. under a nonimmigrant visa, within a reasonable period of time (usually less than 6 months) after the ending of the status. You can, however, request protection under withholding of removal which requires over a 50% probability that you will be persecuted upon return to the home country or protection under the Convention against Torture (CAT), under which you would have to prove by over 50% probability that you would be subject to an extreme form of cruel and inhuman punishment that must cause severe pain or suffering. For the Convention against Torture, even aggravated felons are eligible to apply. I note that asylum differs from the 2 other reliefs as the burden of proof is lower (applicants must show only a well-founded fear of persecution on account of race, political opinion, religion, nationality, membership in a social group, or past persecution) and a grant of asylum can lead to the green card whereas grants of withholding or CAT do not. 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 call around and perhaps visit with immigration lawyers who do not charge consultation fees if their offices do not give you an approximate figure over the telephone. Otherwise you can seek out Legal Services or other non-profit organization if you are income eligible or otherwise meet their eligibility standards. 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

Taking a plea means of course admitting that your husband committed the crime. If your husband had been a permanent resident for not less than five years, resided in the US continuously for seven years after having been admitted in any status, and was not convicted of an aggravated felony, he could have asked for the relief of cancellation of removal to retain his green card. Although a long shot, he might be able to request reopening if he fit those circumstances, but not if he had adequate legal representation or was advised that such relief was available but chose not to apply and instead took the voluntary departure, I note that the law does not consider anyone convicted of a possession violation for one's own use of 30 g or less of marijuana to be deportable, but I assume that that is not your ex-husband's case looking at the length of the 10 year probation plea. For marijuana possession of more than 30 g, you would not be the bring him back on a fiancé visa. 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

Hi Andrew. You may qualify for a green card but you will have to file an unlawful presence waiver. Because your future spouse and you have a child together your spouse would suffer hardship if you were not allowed a green card. The hardship must result to her if you’re not allowed to stay here and that may be likely if you are now a family with a minor child. Counsel  anywhere in the USA can help you. Call to discuss.... Read More

A traffic speeding violation for which the fine was paid would not have any effect upon a naturalization application.  There is no act of bad moral character here.  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

Law firms like ours only handle immigration cases when they are brought in by clients – we do not find job opportunities for potential clients.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 the I-765 employment authorization if you can file and do file an I-485 application for adjustment of status at the time that your US citizen wife is filing the I-130 petition. All applications can be filed together if you are eligible for adjustment of 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 you are a US citizen, you can sponsor him, as his immediate relative,  to get his green card. There are 2 pathways. He can apply for a K1 Fiance visa, and when that becomes available (takes about 10 months), he can enter the USA and must marry you within 90 days; or after marriage, he can apply at the consulate for his green card (that also takes about a year). Discuss your case privately with counsel about fees and costs. Counsel anywhere in the USA can assist, taking on the case from begining to end. ... Read More

Counsel anywhere in the US can represent you. The best way is probobally a fiance visa, that takes about 7 to 10 months to process, and after she enters the country you must marry her within 90 days and after that you can adjust status to get her green card. However, you must have physically met her in person in order to do that. The other path way is to go to meet her in her country and marry her there and then have her process at the Consulate in her country. Both paths are taking about a year or less, with the Fiance visa path running a little faster. The filing fees are about 1500 to 1700 dollars (those fees are paid to the Government) and lawyer fees are roughly about $3,000. ... Read More

You are not doomed by your lack of present work if both the petitioner and beneficiary of the I-140 petition is you. Proof of you looking for work in research with immediate impact is highly relevant. Although the EB-1A category is for an extraordinary alien, a U.S.C.I. S. officer may still want to see proof of your ability to support yourself, so if possible, you should bring along to the interview an I-134 affidavit of support with evidence filled out by a family member or good friend for insurance. 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 fiancé should get himself a good lawyer for the criminal charge as a conviction for domestic violence would bar him forever from the United States. If the charge is dropped or changed to one not  involving domestic violence, he would have the ability to present whatever equities that he has in front of an immigration court as long as he does not already have an order of removal. Even if he has an order of removal in the past or in the future and is removed, you could still marry him and you can both file for waivers of unlawful presence (I-601) and deportation (I-212) while he is in his home country. Hopefully the waiver applications would be approved. 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

US consuls have great discretion in the issuance of nonimmigrant F-1 student visas which require a showing of nonimmigrant intent. I suggest that for the interview you should bring whatever documents that you can think of to further show bonds with your home country. Perhaps such items as a list of all your immediate family and where they reside, offer of a future job, statements by others is to why they are certain that you will return to the home country after your studies, etc., would help. 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

Questions of support are not asked when your husband is attempting to remove the conditions on his green card. As long as your husband does not begin taking means tested benefits, he should be okay. 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 your husband is outside the United States since you asked what do you need to get him here. If he came into the United States only once illegally and left the US in less than 180 days, you would file an I-130 relative petition for him, and he would interview at the American Consulate in his home country for an immigrant visa. If he left the US 180 days or one year after coming here illegally, he would be barred from returning for three and 10 years respectively. In that case, he would be refused and would have to file a waiver of inadmissibility on form I-601 based on extreme hardship to you if the waiver application is not approved. If he was deported or removed during the time that he was in the US, he would have to file an I-212 application for advance permission to enter the US after deportation or removal. This would also be done after refusal by the American Consulate. If he came into the US illegally more than once on or after April 1, 1997, he would be under the permanent bar under which he would not be able to file for any waivers or permission to come back to the US for 10 years following his leaving the US. 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 would strongly advise you to retain counsel. Whenever there is an Immigration ten year ban, there is wide discretion for the Immigration officer handling your case to rule negatively on any immediate relative petition. You should discuss your case in private with counsel. Many of us give free consultations and counsel anywhere in the US can represent you per Federal law. ... Read More

Having a job letter and recent payslip showing higher pay to support your husband and uncle are definitely not enough if this is a case for consular processing. If for adjustment of status, U.S.C.I.S. may send you a Request for Initial Evidence a few months after you submit the case for your husband's adjustment of status. The normal time for interview after filing with U.S.C.I.S. in most field offices is approximately a year. Assuming that you have submitted the next year's tax return at the higher rate of pay by the time of either receiving the Request for Initial Evidence or the date for interview, your financials might be good enough to convince an immigration officer of your ability to support at the interview. For safety's sake, however, you may wish to have a joint sponsor to avoid the possibility of denial. 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 have and are cooperating with the police department and you can establish that, then you may pursue a U visa. This is your golden opportunity to obtain lawful permanent residence possibly. You should discuss your case in private with counsel. Counsel in any state can represent you. ... Read More

You may be able to qualify for a green card based on the VAWA Act (The Violence Against Woman Act). More facts would be needed to investigate. Are there police reports of the domestic violence? Have you sought counseling? Do you have pictures of the abuse? Do u have any witnesses to the abuse? Has your spouse been arrested due to the abuse? Counsel anywhere in the USA can represent you. Most of us give free consults. ... Read More

Individuals who timely file changes of status in the U. S. from J-1 to B-2 are allowed to remain in the country while awaiting a decision from U.S.C.I.S. The downside is that when U.S.C.I.S. makes a decision after the date of authorized nonimmigrant stay, and that decision is unfavorable, the applicant is considered out of status as of the date of authorized stay – in your case, March 26, 2018 (unless you failed to count the grace period, in which case your nonimmigrant stay would actually expire on April 25, 2018). 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 am not sure that your spouse needs to have her new name updated on the H-4 approval notice. I also do not know of a specific application or petition by U.S.C.I.S. for that specific purpose. Perhaps your spouse could carry the marriage certificate when she travels and comes back to the US. On the next application to U.S.C.I.S., she could apply under the new name.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

Unfortunately unless you meet the very limited exceptions of naturalization law of working abroad for the US government or certain US media organizations, etc., you do not meet the physical presence role for naturalization which is to have resided physically on U. S. soil for at least 2 ½ years out of 5 years directly before the application is filed. Unless you fit into an exception, I recommend that you file for naturalization four years and one day since coming back to the U. S. and resuming your residence. 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