Indiana Immigration Legal Questions

There is simply not enough information to provide any guidance. Typically, a person is sponsored either by a family member or employer. I would encourage to explore your options by consulting an attorney. In the interim, you may read more about immigration at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

I understand you you are frustrated by this situation but without reviewing the actual decision it is impossible to provide an answer. USCIS will send a written decision explaining why the Form I-129F was denied. You should have the decision reviewed by an attorney to determine how to best proceed. You can read more about fiancé visas at  http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

You are currently not in a valid nonimmigrant status as your status was valid until February 25, 2016. Assuming your spouse-to-be is a United Stares is a United States citizen, you will still be able to seek adjustment of status despite falling out of status. However, if your spouse-to-be is not a United States cifizen, you will need to depart the United States as soon as possible. You can find more information about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

She cannot use a tourist visa to enter the United States if her intent is to marry you, remain in the United States,  and seek permanent residence. This is considered immigrant intent and is very serious. If the goal is to marry and have her remain in the United States you should be pursuing a fiancé visa. You can read more about the fiancé process at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

  Answer: K-1 fiance visa project and I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result. "Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold."…Immigration & Nationality Service spokeswoman.  ... Read Answer

You may need a waiver. I cannot make a full assessment based upon the limited information provided. It will depend upon the basis through which you obtained advance parole. If a waiver if required, you would need to show a qualifying relative would suffer extreme hardship. USCIS would look at the hardship you would suffer if separated and if forced to live together outside the United States. Extreme hardship encompasses many factors.... Read Answer

Hello. If you had lawful permanent resident status and your father was a US citizen while you were under the age of 18 then you may be  US citizen by law. Please contact me with more details. Also you may be eligible for residency if you were paroled into the US for your criminal case and you never left the country and an eligible family member can petition for you. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com  ... Read Answer

We have rarely seen situations in which cases that are approved are given notice two weeks later that the Service is reopening and reconsidering the decision. In light of the uncertainty, my opinion is that you should not leave the country. You and your company should wait for further developments with you in 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 Answer

Your brother and his family would need to apply for visitors' visas. It will be difficult. His family will be required to show strong ties to Mexico. Your brother should take evidence of property ownership, employment, etc. to the interview. He should also being evidence regarding your father's condition. You can read more about the visitor visa at http://myattorneyusa.com/travel-visas.... Read Answer

You can be found to have abandoned your status even if you remain outside the country for less than six months. It is difficult to assess what the problem without actually looking at the naturalization application, request from USCIS and your response. USCIS has up to 120 days to make a decision. If you have not received a decision in 120 days you should submit an e-request or schedule an infopass appointment. It would be a good idea to have the matter thoroughly reviews by an attorney while the application is still pending. ... Read Answer

To be able to qualify for an English language exemption, your mother had to meet the requirements at the time of filing. Unfortunately, your mother did not meet the requirements at the time of filing. You cannot challenge the decision. Your only option at this point is to have your mother take the test in English or re-file the application. ... Read Answer

Your criminal record could very possibly be a bar to your having a K-1 visa approval for your fiancée. The I-129 F petition specifically asks for convictions to be stated where petitioners have been convicted of among others domestic violence, sexual assault, child abuse and neglect, etc. U.S.C.I.S. is fairly restrictive in interpreting the Adam Walsh Act, and this is backed up by decisions of the Board of Immigration Appeals. . 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

The question is not whether your old company can revoke your I-140 approval – the question is under what obligations are you to continue with the employer under which you received the green card. Before the advent of I-140/immigrant visa portability, persons obtaining their permanent residence from an employer were routinely instructed that they should remain with the employer for at least 6-12 months after the green card approval to show that they intended to work with the employer when they received their permanent residence. That concept is now in doubt, but U.S.C.I.S. has not come right out and said that you would be safe changing employers even to same or similar employment as soon as you got your green card. So there may be some risk if you switch now. If others have a different opinion or more information than I have on the subject, they are certainly welcome to comment. 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

Although an H-1B can passively invest in a commercial enterprise, further participation such as hiring staff and participating in the life of the company may raise questions whether this is illegal work. You should have a manager in your company who does the hiring 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 Answer

Congratulations on your Naturalization! There are many factors that determine processing times. Typically, it can take about a year from filing to arrival. This assumes he has no immigration issues or criminal background. But, it may also depend on which US embassy he will go to.  I would need more information about your marriage and his history to better advise. I offer free consultations as well.... Read Answer

Yes, approved and still valid PERM or a PERM application pending for over a year can, unless withdrawn, be used by another attorney to seek extention of your H1B beyond six years in the  genuine change of employer context.    Please see below:   http://myattorneyusa.com/immigration-law-and-practice/nonimmigrant-visas/work-visas/extending-h1b-status-beyond-the-6-year-statutory-limit... Read Answer

Once you have commenced or completed divorce proceedings, you are no longer eligible to remove the conditional basis of your residence status through the joint filing of you and your wife. You must notify U.S.C.I.S. of the situation in order that the agency can consider your application on the basis of your having had a bona fide marriage which is now being dissolved or dissolved or some other basis. Please note that the agency cannot approve an I-751 based on a pending divorce, but will give you time to complete the proceedings.  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