Indiana Immigration Legal Questions

If you have a contract and the immigration consultant is in violation of it, you would appear to have remedies. If the consultant is an attorney, you can go to the state bar disciplinary committee and lodge a complaint. If not an attorney, you can go to the Better Business Bureau, or consumer affairs, and some states or locales even provide a complaint process with the District Attorney's Office.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

Besides the I-539 form, she should have proof of onward transportation back to her home country on or before the stated date of departure, an itinerary of what she proposes to do in the 4 months, and proof of adequate support which could include your I-134 affidavit of support with job letter, bank letter, and last year’s tax return. 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 visitor to the US makes an assertion that he or she only plans to stay here for a visit and then go back to the home country. An individual intent upon marrying when coming to the States is best advised to obtain a K-1 fiancée visa. U.S.C.I.S. discourages individuals from using the tourist visa to get married and adjust status in the US as that is an abuse of the 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

Your host family cannot sponsor you for a green card. The family may be able to adopt you but to derive any immigration benefits you would have to be adopted before your 16th birthday. You could explore other immigration options. You can read more about options that might be available at http://myattorneyusa.com/immigration-to-the-usa.... Read More

You do not create good moral character. Good moral character is determined by consideration of several factors. You can find a list of conduct that bars a finding of good moral character at http://myattorneyusa.com/conditional-bars-to-establishing-good-moral-character-gmc-for-acts-in-statutory-period. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More

You could be adopted depending upon the law in the state where the couple lives. However, you will not be able to derive any immigration benefits from this adoption. In order to derive immigration benefits from an adoptive parent, the adoption must typically be finalized prior to your 16th birthday. You wI'll need to find another path to legal status in this country. You can read more about a variety of immigration options at http://myattorneyusa.com.... Read More

You need to return to the United States prior to the expiration of your re-entry permit. Once in the United States, you can reapply for a re-entry permit. Remaining outside the country can lead to a determination that you abandoned your residence. This means you would have to go through the immigration process again. You will likely not be able to apply for naturalization right away. You may be able to file an application to preserve residence upin your return but it is not retroactive. It may not even be applicable depending upon more information about your husband's employment. I encourage you to consult an attorney.... Read More

1. Being engaged does not prevent you from receiving your immigrant visa. 2. You must be truthful.  3. You can marry as soon as you like after receiving your green card. You can only marry after receiving your green card.  4. You need to obtain all applicable police clearances. If the Departmebt of States has indicated the consulate certificate is sufficiebt, you need nothing else. Check the country specific document list. 5. Yes. You will need documentation to show you have maintained your H-1B status. This can include pay stubs, W-2s, employment verification letter, etc.  6. You may be asked about your residences in the United States. 7. Typically, the birth certificate is sufficient to establish relationship.  8. You will be asked questions related to your application as well as questions about maintenance of your status in the U.S. 9. You did not ask a question.  Given your concern about this upcoming interview, you may want to consider consulting an attorney. An attorney can review your facts and help you prepare for the actual interview. In the interim, you can read more about consular processing at http://myattorneyusa.com/nonimmigrant-visas.  ... Read More

You are not required to live in any particular state as an H-1B holder. However, living in a state other than where your place of employment can raise questions about whether you maintained your status by working for the sponsoring employer. When transferring from one employer or job location to another, you may start employment with the new employer as of the date USCIS receives the H-1B amendment or transfer. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read More

You need to disclose it and are required to provide court clerk certified or clerk attested copies of the judgment of convictions. If you are a male, and were in the USA between the ages of 18-26 and in no other non-immigrant visa status you are required to provide proof of Selective Service military registration.... Read More

An H-1B cap exempt petition can be filed without a change of status. However, when the petition is approved, the beneficiary must go outside the US for consular processing and return in order to be legal under H-1B status. In order to be under H-1B status without exiting, the change of status must be requested when the petition is filed. 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

Possibly. A United States citizen spouse can file an immigrant visa on behalf of an alien spouse. The issue is whether your husband could take advantage of this visa petition. It will depend upon why the previous petition was deemed invalid. This is a situation where a consultation with an experienced immigration is best. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You may seek asylum if you have a well-founded fear of persecution on account of your race, nationality, political opinion, religion, or membership in a particular social group. Having a child with a medical condition does not necessarily make you eligible for asylum. It may be possible to seek asylum but you need to discuss the issue in more detail with an attorney. You must file for asylum within a year of your arrival. There are exceptions to this requirement but it is best to not need to qualify for an exception. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read More

USCIS will only recognize a proxy marriage if it has been consummated. You have two options. The first is to travel to Pakistan or a third country and marry. Once you have married in one another's presence, you could file an immigrant visa petition on behalf of your spouse. The other option would be to meetin person and then file a fiancé visa petition on her behalf. You can read more about petitioning for a family member at http://myattorneyusa.com/family-immigration.... Read More

As a permanent resident you are expected to reduce in the United States. A stay outside the United States of a year or more triggers a presumption of abandonment. However, you may still be found to have abandoned your residence if you remain outside the United States for less than a year. Remaining outside the United States more than being in the United States is problematic. Coming back to the U.S. briefly after extended stays outside the country will not protect you from an abandonment finding. A minor may be given a little more leeway by CBP but the law does not provide exceptions for minors. You would be considered an adult upon reaching the age of 18. If you need to remain outside the United States for an extended period of time, you should apply for a re-entry permit. ... Read More

Your sister will need to file an immigrant visa petition on behalf of your mother. Your mother may be able to request adjustment of status to a permanent resident. This would allow her to become a resident without leaving the country. It is not clear whether your mother is eligible for adjustment of status. To be eligible, your mother would have had to have been admitted or paroled into the country. She also cannot be subject to a deportation order. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Obtaining an L-1 visa is not a simple process. It requires meeting a lot of criteria. The process is even more difficult when establishing a new office. Your friend could only be a passive investor in the startup as he is restricted to working only for the H-1B petitioner. He could engage in no work for the company regardless of whether he is compensated. You can read more about L-1 visas at http://myattorneyusa.com/overview-of-requirements-for-l1-and-l2-visas.... Read More

You and your husband will need to file a marriage-based adjustment of status package with USCIS. This requires you to file an immigrant visa petition on behalf of your husband. Your husband will file an application for adjustment of status. He can request an employment authorization card. You can read more about the process at http://myattorneyusa.com/family-immigration. Some attorneys, including our office, allow for payment arrangements for our fees.... Read More

I will assume that you never ran afoul of Immigration or criminal laws except for perhaps entering the U. S. without inspection or overstaying. I will also assume that you entered the U. S. without inspection and are not eligible for adjustment of status to permanent residence. If both assumptions are true, you should be able to fix your papers through your husband.  You can take advantage of the Administration’s I-601A program under which, following the approval of an I-130 Petition for Alien Relative on your behalf by your husband, you would file for a provisional I-601A waiver while in the U. S. based upon extreme hardship to your husband if such was not granted. With 4 children and the length of your marriage, the possibility of approval is high. Following I-601A approval, your case would be consular processed and you would in all likelihood have a regular interview after which you would return to the U. S. with an immigrant 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