Kansas Immigration Legal Questions

Unfortunately not. USCIS does not allow individuals to remain in the US just on the basis of a filed petition. You would be filing under the F-4 category for siblings of US citizens. For most of the world except for India and the Philippines which have longer backlogs, the availability date is only for those for whom petitions were filed prior to April 1, 2008. This is a backlog of approximately 17 years. Your sister would have to maintain nonimmigrant status to remain legally in the US. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Unfortunately, the company needs the H-1B approval letter before you can start working for it. The I-9 employment authorization verification form is required to be filled out by the company, and the I-797A notice of approval is a necessary document to prove your H-1B status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 am not quite sure of the tenor of your question. A B-1 visa is for a person coming to the US for business purposes. Such entry is not for work, and you cannot apply for an employment authorization document (EAD) based upon a B-1 visa. If you enter under refugee status, you are allowed employment authorization upon being admitted to the US and having the EAD submitted and approved. The current processing time is approximately 4.5 months. If you are applying for asylum, you need to wait 150 days after the application is filed before filing an EAD application. Current processing time is approximately 30 days for initial applications according to USCIS published processing times. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

You are unfortunately stuck in the same situation with many people who see their cases being held up while others in similar situations are being approved. You have noted the further problem that the date for launching an inquiry with USCIS keeps moving forward. There is no harm to your case by putting in an inquiry at this time although it may not help if USCIS says that the time for inquiry is not now. If it makes you feel better, you can do it and hopefully it will help. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 to a Customs and Border Patrol agent is whether your wife has an intention to only visit with you in the US and go back to Mexico, or whether she intends to resettle in the US. If the latter and you are a US citizen or permanent resident, you should sponsor her directly for the green card. If she only intends to visit and go back, she may be able to convince the CBP officer that her B1/B2 visa is proper for her travels. Please note that the B1/B2 is not for her to spend most of the time in the US and only take occasional trips back to Mexico. That would be an abuse of the nonimmigrant 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 Answer

I am confused by your asking whether bankruptcy will affect your immigration as it is not clear whether you are an applicant for permanent residence or already an LPR. If already an LPR, the bankruptcy will have no effect on your status. If an applicant for permanent residence, bankruptcy is generally not known to an adjudicator as it is not one of the factors looked for in an evaluation of public charge. Under the new public charge rules which are slated for implementation on October 15, 2019, U.S.C.I.S. will consider the totality of circumstances with liabilities being a factor. All cases postmarked before October 15 will be judged by the old rules. With the new rules, items such as age, health, history of work if authorized to work, credit score (if favorable), present income, household income, receipt of means tested benefits, etc. will all be considered in the mix in determining who is likely to become a public charge. I also note that there are categories for immigration that are not subject to the public charge requirement.  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

Well you could file as soon as 3 months before the 5 year anniversary or 6-1-18 unless you obtained the green card from a us citizen spouse-if that then u could file now. You would also need to establish continuous residence which means no absences outside the USA for more than 6 months. It appears you may have a problem due to your 2 absences which were 11 months each. It’s best to discuss your situation with immigration counsel to be fully advised on the best approach to take.... Read Answer

In your situation, if you reentered the U. S. on or after 4/1/97, no waiver is available unless you have spent at least 10 years outside the country at which point you can apply for such waiver. If prior to that time, you might be eligible for a waiver. In the former situation, you would only appear eligible for immigration relief in removal proceedings under withholding of removal or withholding under the convention against torture. 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

If it is discovered that you are taking means tested benefits like food stamps, that could have an effect on your mother's obtaining resident status as you must supply an I-864 affidavit of support in order for her to immigrate. Although the chances of discovery are not high, there is still a risk. Even if you have a financial co-sponsor, a relevant question by an adjudicating officer upon discovery could be whether the co-sponsor's affidavit of support is credible since the cosponsor is not assisting your financial situation.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 H-1B petition belongs to the employer not you. There is no reason why the employer cannot file a response to the RFE. You should not face any immigration consequences from pursuing multiple H-1B petitions so long as you do not commit fraud or misrepresentation. You will eventually need to pick one employer to go with unless the H-1B petitions are for part-time work. ... Read Answer

More information is needed to determine the process. Without knowing why you were subject to the bar and where you currently reside, I cannot tell you the process. I encourage you to consult an attorney. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Possibly. Your ability to return will depend upon why you were deported. Assuming you are eligible to return, you will need to file an application for permission to reapply and possibly a waiver of inadmissibility. I encourage you to consult an attorney before applying for a visa. You can read about nonimmigrant visas at http://myattorneyusa.com/nonimmigrant-visas.... Read Answer

Your daughter's husband does not necessarily need to start over. It will depend upon exactly where in the immigration process he was when your daughter passed away. Regardless, he would need a substitute sponsor in order to get his green card. To be his substitute sponsor you will be required to sign an affidavit of support agreeing to reimburse various federal, state, and local governments if he accepts means-tested benefits. Aliens have also used these affidavits of support to sue sponsors for a certain level of support. I would proceed with caution. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.... Read Answer

Your status as of October 1st would be H-4 if your request for a COS from F-2 to F-1 is approved before October 1st. It currently takes 2.5 to 6 months for USCIS to adjudicate a request for a change of status. The processing time varies depending upon the Service Center that will process the request. It is possible that the change of status would approved by mid-August but it will be close. You can read more about student status at http://myattorneyusa.com/student-visas.... Read Answer

Your husband would not be able to obtain a green card through an immigrant visa petition filed by you if you are divorced. A final judgment of divorce makes him ineligible for a green card. Even without a final judgment of divorce, the fact that your husband is in divorce proceedings will likely lead to a denial of his green card application. You can always withdraw the Form I-130 if you do not wish for him to get a green card through the petition you filed. ... Read Answer

To be eligible for naturalization, you must establish continuous residence. An absence of 180 days or more would trigger a presumption that you failed to continuously reside in the United States. You may read more about the naturalization requirements at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

It is not clear what your are asking. Are you asking whether you could switch employers? If so, the answer is no. Your employment is tied to a specific employer and L-1 status cannot be transferred to another employer. You would need a different nonimmigrant status to change employers. If you simply wish to change positions within the company, this may be possible. You may need to change your nonimmigrant status depending upon the duties of the new position. You can read more about L-1 visas at http://myattorneyusa.com/overview-of-requirements-for-l1-and-l2-visas.... Read Answer

Your father may be able to seek an immigrant visa to return to the United States. Whether he can or not will depend upon the reason he was deported. Some individuals who are deported are barred from returning while others need to wait several years or apply for waivers to return. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is your burden to establish eligibility for removal of conditions. It is advisable to submit any and all evidence that establishes your eligibility. The kind of evidence that must be submitted depends upon whether you are filing a joint petition or a waiver of the joint filing requirement. You can read more about removal of conditions at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Is your partner currently in the United States? If so, when did she enter? When did you decide to marry? If your partner is not in the United States, you would need to file a fiancé visa petition on her behalf. This visa would allow her to enter the United States with the intent to marry and seek a green card. Entering on another nonimmigrant visas and with the intent to marry can lead to other adverse consequences. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer