Illinois Immigration Legal Questions

You are petitioning for your daughter under the F-3 category for married sons and daughters of US citizens. For the month of November 2018, immigrant visas are only being issued to those who put in petitions prior to July 8, 2006. Thus the current waiting time is approximately 12 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 Answer

I believe that some of your terminology is incorrect and when you talk about the H1 extension, you are actually talking about the H-4 extension. In the summer season, your employer is only eligible to file for H-1B status on your part if you were previously under H-1B and did not use up all of the six years of eligibility or your employer is cap exempt, e.g. Institute of higher education. Aside from that question, being denied for an H-1B change of status does not mean that you have to leave the US if your H-4 extension is still in progress. You can also wait for your H-4 extension to be approved before filing for H-1B change of status. That choice is up to you. Again you would be allowed to stay in the US under H-4 status even if your H-1B petition is denied. Both paths are viable. 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

Under the F-11 category as the single daughter over 21 of a US citizen, that is the status that you must maintain until the time that you arrive with an immigrant visa to the US. At that point, CBP would stamp your passport with an immigrant visa entry, and you could then return home and marry your intended. Marrying your intended prior to your arriving in the US with an immigrant visa would make you ineligible for immigration. With the immigrant entry stamp in your passport – not just the visa – you are a permanent resident and can marry your intended. 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 entered the country legally, you can acquire a green card through marriage to a US citizen, despite that you're now in unlawful status. Did u enter the country legally? Furthermore, if you did enter the country legally, retain Immigratioon counsel to handle your case and do not travel out of the country or else you will trip the 3 or 10 year bar depending upon how much unlawful presence you have accrued. You can retain counsel anywhere in the USA. ... Read Answer

After the Bar is removed, you can apply for any visa, and the decision will be based on the reviewer discretion and your current situation. Feel free to contact an attorney via email if you can not call us. help@smsattorneys.com we do have whatsApp and Viber. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read Answer

If you are not a US citizen, then a visa for your fiancé would not be immediately available at this time. You would need to file based on your preference category as a LPR and wait for the visa to become available. Look up your preference category and the country she is from on the State Departments website to find out how long she would have to wait.... Read Answer

Where the I-140 and I 485 are concurrently filed, porting to a new job is possible after the I 485 has been pending 180 days. Determinative factors will be whether U.S.C.I.S. believes that the I-140 petition is approvable and whether the new job is in the same or a similar occupation.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 will be important for both of you to attend the interview together. You may also discuss the challenges that you both have. If you plan or have obtained counseling, then this may help. If you have an attorney, you should advise the attorney of what was done. If you don't then you should hire one and have them present at the interview on Tuesday. ... Read Answer

If you entered the marriage in good faith, but he left you, then this can be a challenge for you. It would have been wise to take advantage of the 90 day period to get to know your fiance a bit better. You did not have to marry him. Now, that you have married him, he may try to file for adjustment of status. However, it is unclear if your unwillingness to file the form I-864 will stop him. You can file for divorce, where you believe that there are irreconcilable differences. He is not a lawful permanent resident until the USCIS has approved the adjustment of status. That is an additional step, which he has yet to undertake. It is unclear if he will ever take further action. Many make mistakes at this stage, so it is possible that he will create complications, even if you do nothing. In general, he will not be a high priority at USCIS, if he has not committed a criminal offense, but you can complain, if you wish. If you properly complain, then if he tries to forge your signature on a form I-864, then the USCIS will be on notice. That means it will be in a better position to accuse him of fraud if he gets desperate by not properly processing his paperwork. However, you cannot revoke a K-1 fiance visa once the fiance is admitted into the U. S. Good luck.... Read Answer

It seems likely that your 'baby daddy' committed a crime against you. It is called aggravated sexual assault, sexual abuse of a minor or statutory rape. You are presumed to be unable to appreciate the consequences of your decision to consent due to your age. Now, you are forced live with those consequences. It is unclear whether you have considered adoption or guardianship. The immigration laws are more often very harsh against people like your baby daddy. If you have parents, then they should consider the options that exist with police and/or a competent and experienced immigration attorney. Perhaps, he should spend some time behind bars thinking about the hardship that he will put you through as a result. He should never be allowed to do this, again.... Read Answer

More information is needed. What country are you from? Is your spouse, if you have one, a citizen of another country? These questions make a difference, because certain countries have overextended themselves and applicants from those countries must wait longer. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before matters get more complicated. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

Yes, but the challenge is that there is a new note, call it a discretionary decision, in the Foreign Affairs Manual. If he marries you within 90 days of entry on visa waiver ESTA, he will be presumed to have committed non-immigrant visa fraud. It is a Trump invention. You are arguably much better off marrying in Scotland in the future. In addition, there are other issues that can complicate your lives. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before taking any further action.... Read Answer

While the requirements for actually becoming married are determined by the laws of the location where the marriage takes place, the requirements related to entry into the U.S. and becoming a Permanent Resident (getting a "Green Card") based upon the marriage are determined by U.S. federal immigration laws. Under U.S. immigration laws there is no requirement for a specific period of time for dating before a U.S. citizen may apply for a fianc?e visa to enable a foreign national to enter the U.S. for the purposes of becoming married within the required time, and then applying to adjust status to become a Permanent Resident. If you were to first become married overseas, note that there similarly is no requirement for a specific period of time for pre-marriage dating before eligibility for consular processing to enable the spouse to enter the U.S. and become a Permanent Resident. Of course, there are many other details that determine eligibility. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

No. The child should be deemed an orphan before going through adoption and further visa processing in the U. S. You may have to live with the child for two years in the child's home country, or lawfully outside the U.S., unless the child can be proven 'not' to have immigrant intent for the purposes of a non-immigrant visit. Otherwise, the B2 visitor or F1 student visa must be denied as a matter of law. There is also a law that requires a presumption of immigrant content that must be rebutted and overcome by the applicant for a non-immigrant visitor visa. This does not seem possible. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney. Good luck.... Read Answer

It will generally be up to an American consular officer as to whether the H-4 visa is issued. The illegal stay will be considered, but should be mitigated by the fact that you were a minor with your parents. Also the nature of an H-4 visa is one that has less discretion to deny since it is one that does not require nonimmigrant intent. Other visas are more susceptible to denial such as B-2 visitor and F-1 student which do require that intent. Such an interview may hinge more on the bona fides of your marriage to the H-1B and looking at the bona fides of the H-1B position and your spouse's qualifications for the job.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

Even though you travelled on advance parole, you may have triggered the 3 year bar if you overstayed your I-94 6 months or longer.  I would have to analyze your timeline more closely.  You would need a waiver for it or wait the 3-years.  Let me know if I can be of service: ehart@hartimmigration.com; (714) 447-1282 is my direct line.... Read Answer

It depends upon which country you are from. Also, whether you are considered the child, under 21, of a permanent resident or spouse, then F2a. Finally, if you are the child, over 21 years old, of a permanent resident, then F2b. Note there is a date to start processing and a date when the visa can be approved. In general, due to the challenges with the current consular processing system, I strongly recommend that you hire a competent and experienced immigration attorney to handle National Visa Center processing.... Read Answer

What your family felt is not really relevant not it is decisive in terms of the answers you seek. As long as he was not found by any court of competent jurisdiction to be incompetent, the decisions are all his and not yours or your family. Maybe he likes her and wants to be with her? How would you know what he or, for that matter, she feels? ... Read Answer

Yes, but it should be denied. The I-130 petitions for such F2a or b family visa categories are subject to extremely low quotas. Also, your situation suggests that you cannot adjust status at this time. I strongly recommend an appointment with a competent and experienced immigration attorney. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

Your F1 status may be extended in the U. S. as long as you have maintained F1 status and a full schedule at an F1 accredited educational facility that is willing to allow you to study. How and whether you can extend depends upon all of the facts. You may seek help from the international student official at your school. You may also seek assistance from a competent immigration and visa attorney. If you leave the U. S., you must have a valid unexpired passport, be admissible, have an unexpired I-20, and maintain nonimmigrant intent to seek an F1 visa to return, again. The consular official always has the 'last word' on those issues. If you have any questions or concerns, then I strongly recommend an appointment with a competent and experienced immigration attorney. T... Read Answer

You may or may not have a problem with the arrest at the consulate or at the port of entry. Although your case was concluded with a disorderly conduct plea, that does not mean that a consular officer or immigration inspector cannot ask about the entire incident. Under U. S. immigration laws, an individual who applies for a visa or entry into the U. S. is considered inadmissible if he or she admits having committed or admits committing acts which constitute the essential elements of an excludable offense. You should bring certified copies of the court disposition and be prepared to explain the circumstances of your arrest. I note that some consulates also require a certified copy of the police report. 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 does not take long to change from F-1 to F-3, but it is difficult to understand your situation from your facts. If your priority date from F-1 was in 2002, that date has long been surpassed, and there is the possibility that the F-1 petition has been canceled for abandonment. Upon request, the NVC can assign the F-3 category very quickly (within 1-2 months) of a request as long as the case has not already been canceled. 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

A marriage is based upon trust. If you cannot trust him, then perhaps, you should rethink engagement or marriage at this time. If he should not trust you to share this concern, then your concern is a challenge that requires discussion with him. The marriage based visa process now includes more scrutiny than a marriage among U. S. citizens, but that can be a good thing that strengthens the relationship. If the attorney or staff has had you fill out and sign forms, and obtained your personal documents, then the attorney should have a duty to inform you whether the petition has been withdrawn. However, if he took independent action, then your fiance should tell you. 'More Often,' the incredible delay in processing and scheduling the consular appointment frustrates applicants, especially the one who must await the visa. Good luck.... Read Answer