Indiana Immigration Legal Questions

You do not have any receipt notices?  They are issued within 10-15 days after filing.  The notices are sent to the lawyer and to the petitioner/applicant.  If you didn't get those notices, then your lawyer probably didn't file for you.  I recommend you contact the state bar in the state your lawyer practices and see if other complaints have been filed.  You can also file your own complaint at that time.  Unfortunately, if your lawyer has taken your money and done nothing, all you can do is refile.... Read Answer

You didn't say what benefit your son-in-law applied for.  All notices are sent on form I-797, so referencing that form number doesn't indicate what visa he was seeking.  I can't answer your question without knowing what visa he applied for and what the notice was (receipt notice, approval notice, etc.).... Read Answer

You may be able to reenter the US, but will have to apply for advance permission to return to the States after having been removed. You would apply on form I-212 Application for Permission to Reapply for Admission into the United States after Deportation or Removal at the consulate having jurisdiction over your place of residence. The consular officer would forward any recommendation for consent to reapply and visa issuance to the Admissibility Review Office of Customs and Border Inspection for decision. 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 cap exemption is a privilege reserved for, among others, institutions of higher education. Although I have never heard of a university not using the exemption when it is able to do so, I believe that it is possible for an institution of higher education to apply for the H-1B cap by refusing to designate itself on the H-1B data sheet as such and paying the required fee for a regular case. 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

She will have to wait for a visa number to become available. Here's a link to the current waiting period but this changes regularly.  The I-130 is the correct form to file.  I charge $1,500 for preparing, filing and representing the beneficiary in consular processing of the approved petition. http://travel.state.gov/visa/bulletin/bulletin_5885.html ... Read Answer

Only your employer can answer your question about whether they will sponsor H1B employees.  If they do but want you to pay all the costs, I can talk to you about the steps needed to proceed.  You must first find a willing employer and most such employers are so keen to get H1B workers that they cover the costs themselves.  The government may be a sponsor, but I couldn't answer for them in your case.  You'll have to ask the HR department there.... Read Answer

That would depend on whether he entered legally, with inspection, or just slipped across the border.  If the latter, he would have to leave the US to process a waiver of the unlawful presence bar to admissability.  However, after March 4th, that process can be started here in the US, so he wouldn't have to leave until he knew whether he qualified for the waiver or not.  ... Read Answer

Hello,   Your lack of income would not prevent your wife's legal permanent residency application from getting approved where you have a joint sponsor with sufficient income to support her application. The form I-864 has a helpful poverty guideline for an affidavit of support that shows the amount of income that would be needed based on the number of people in a household. You may locate this form at www.uscis.gov. Good luck. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen      ... Read Answer

If you arrive through an airport most often they will stamp a 6-month (180 day) limit from the date of entry but it could be less time. It gets a bit tricky when your passport is not stamped with a date to leave by. When leaving the U.S., make sure to keep boarding passes, plane tickets, and other documents to prove you actually left the U.S. on time to prevent problems in the future. ... Read Answer

Hello,   Your girlfriend would probably be allowed in without problems if in addition to the facts you have mentioned, she has not been to the U.S. and over stayed previously. As she is coming from the U.K. she can enter with a visa waiver. Good luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com www.blogspot.legaldoreen              ... Read Answer

If you are in proceedings, the court will not dismiss the case on its own. When I represent a person in this situation and the alien is looking to adjust status based on an approved I-130, I will file a Motion to Terminate with the Immigration Judge with a full I-485 provided to the Government (ICE). Whether ICE agrees with the Motion or the Judge grants it will depend on them, but with the "prosecutorial discretion" guidelines that exist at present, there is no reason the government should oppose such a motion. From the time a Motion to Terminate is filed, the government generally has 10 days to respond. If the Judge grants the Motion to Terminate, know that each district has its own procedure for getting an I-485 before USCIS after termination by the Immigration Judge. If you wish to have this done without complication, you would be well advised to hire a competent immigration attorney to represent you at this point.... Read Answer