Kansas Immigration Legal Questions

Once your divorce is final your partner can file a fiancé visa petition on your behalf. A fiancé visa will allow you to enter the United States with the intent to marry and seek permanent residence. You will need to marry within 90 days of entry. You can request employment authorization after entry. After you have married, you would petition for a green card. You can read more about the fiancé visa at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

If the husband has been authorized to work visa by the US government, let us say it's an H-2B temporary work visa, then the wife may accompany her husband as an H-4 visa holder. There is no need for a tourist visa. She goes to the consulate with her husband's visa approval documents, her birth and marriage certificates, along with a valid South African passport, and she should be issued the appropriate H-4 visa.... Read Answer

Your green card remains valid for the two year period despite divorce. To seek a ten-year green card you will need to apply for removal of conditions. You may seek removal even if divorced by requesting a waiver. You will need to establish the marriage was entered in good faith. You can read more about the waiver process at http://myattorneyusa.com/seeking-waiver-of-joint-filing-requirement-of-uscis-from-i-751.... Read Answer

You and your parents can both file for you sister. Visa availability times are changeable and the time for sibling petitions may speed up in the future. Also your sister's circumstances may change, e.g. her getting married, which may necessitate a backup plan. Neither application is complex where there are common parents.  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

You failed to mention your immigration status. Depending upon your immigration status, your son may qualify for immigration benefits. Your son may also qualify for DACA. A person seeking DACA must meet the following criteria: (1) been under the age of 31 on June 15, 2012; (2) arrived to the United States before reaching the 16th birthday; (3) continuously resided in the United States since June 15, 2007 up to the present time; (4) been physically present in the United States on June 15, 2012; (5) been physically present at the time of requesting deferred action from USCIS; (6) entered without inspection before June 15, 2012 or had any lawful immigration status expired on or before this deadline; (7) been in school at the time of application, or have already graduated or obtained a certificate of completion from high school, or have obtained a general educational development (GED) certificate, or are an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and (8) not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. You can read more about DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca.... Read Answer

1. Your status does not automatically revert back to H-4. You would need to either file a change of status before terminating your employment or depart the United Stares and re-enter with a valid H-4 visa. 2. There is no grace period if your employment is terminated. Your status automatically terminated upon termination of employment. 3. You would need a new H-1B petition. You would be cap exempt assuming your prior employer was cap exempt.... Read Answer

Determining if you are in fact a United Stares citizen will take some research. You should request a copy of your complete alien file from USCIS through the Freedom of Information Act. You could also file a request for your father's alien file. These files will hopefully provide you with the information you need. You should consider working with an experienced immigration attorney as he/she cannot only request the files but also review them.... Read Answer

U.S.C.I.S. allows multiple H-1B petitions for cap cases for the same individual as long as the petitions are not by the same employer. Multiple filings by the same employer will cause cancellation of all petitions. 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

Hi. He may qualify based on 3 years of residency. But, I would need to review the exact time he was out the last 3 years. This will work once you are married for a full 3 years. If he processes by 5 years, here is the general rule: 1/2 time in last 5 years in the US and No one trip over 6 months. Can you provide more details on each trip?   Hi. Sorry, but this message is too old to allow me to respond directly. If you are in the US, please call me to review: 858-874-0711.... Read Answer

Unfortunately a denial for a false claim of U. S. citizenship on or after September 30, 1996, is a permanent bar. Having the I-9 corrected does not mitigate the ground of denial. If the false claim occurred prior to the stated date, you may be able to apply for a waiver of misrepresentation based on extreme hardship to a U. S. citizen or permanent resident spouse or parent.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

Since you entered the country illegally, you would not be able to adjust status to permanent residence in the U. S. You are a candidate for the Administration’s I- 601A program under which your husband would file an I-130 relative petition on your behalf, and upon approval, you would file an I- 601A application for provisional waiver of illegally staying in the States with U.S.C.I.S.  If U.S.C.I.S. approves the waiver (which is based upon establishing extreme hardship to a U. S. citizen spouse or parent), you would then consular process your case at the American consulate or embassy in your home country. The interview would usually be a normal interview since you would have already obtained a waiver of the 10 year bar for staying illegally in this country. There is also a possibility that you may be able to adjust status if you are able to obtain an advance parole to leave the U. S. and reenter legally on parole status. That is not a certainty at this time, however.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

Hello - Lying about one's last name isn't usually a reason for deportation.  Being here without legal status is, or being here as a permanent resident who committed certain serious crimes is also. But just lying about your last name is not. There may be ways for your boyfriend to remain in the US, but you'll only know if you personally consult with an experienced immigration lawyer. Good luck... Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.... Read Answer

The form N-400 requests criminal record information, whether it was from the time that you were a minor and whether the offenses been expunged. If you do not disclose the information and are not forthright at the time of interview, your application could be denied for lack of good moral character due to your misrepresentation. (The MIP offense is not otherwise serious enough to jeopardize your green card or bid for naturalization). 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

Individuals who have a conditional green card and become divorced have an opportunity to file Form I-751 petition to remove the conditional basis of residence status. A successful application would prove that you have had a bona fide marriage. Documentation to prove such could consist of birth certificates of children born of the union, photographs, leases or deeds, insurance policies, utility bills, credit card statements, telephone bills, banking statements, affidavits from family members, friends, neighbors, or others, etc. The burden of proof will be upon you to prove through documentation the bona fide character of your marriage. You would likely be requested to interview and explain what happened in your relationship. 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

Dear Anonymous, As a green card holder, you would need to marry your fiance in his country and then petition him in the U.S.  The petitioning process takes approximately 5 months.  Your fiance would be an F2A and according to the September 2013 Visa Bulletin, he would be eligible to immigrate right away. However, this is unusual where the quota is current for all countries for the F2A category so, hopefully, after the petition is approved, the quota would still be current.   This is the fastest way for you to get your husband into the U.S.A. right now.  ... Read Answer

The error would only be ground for denial if there was suspicion that you will not be actually training for the employer as listed on the H3 petition. If you have a proper explanation for the error, it should be accepted. As long as you and the other members of the group exhibit a nonimmigrant intent and are otherwise qualified, you should be issued the visas. 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 your period of authorized stay has expired (please check your I-94 departure record), then you need to stay in the U.S. and apply for adjustment of status.  While your adjustment of status is pending, please do not leave the U.S. until you obtain the green card.   If you are still in a period of authorized stay, then you may consular process but it is very important that you consult with an immigration attorney before you leave the U.S.  The decision hinges on your I-94 departure record.  Please bring your passport when you visit with the immigration attorney.    ... Read Answer