Kentucky Immigration Legal Questions

Generally speaking, there should be no problem with a permanent resident visiting the homeland for one and ½ months. A couple of things to know – if you received permanent residence through political asylum by claiming persecution in Nepal, there would be a danger in returning to the homeland. Also be aware that the US now has strict vetting at the airports, and persons critical of Israel and the Trump administration are currently being given a hard time by Customs and Border Protection (CBP). 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

Because H-4 is only a dependent application, USCIS cannot give you a stay that is different from the one that is given to your spouse, the principal. That also applies to the work permission. While this may be a frustrating situation, you will have to wait for May to work on this EAD. 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

If you have a single entry visa, you must have it renewed when taking a trip outside the US. While there is no guarantee that an American consulate or embassy will renew the visa, consular officers will usually allow the renewal unless there are circumstances that they believe need to be looked into. 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 will assume that you are asking if your partner can be your joint sponsor for purposes of sponsoring your mother for a permanent immigration visa. He is qualified if he is a US citizen or permanent resident, and has sufficient income and/or liquid assets to sponsor taking into consideration everyone that he is presently supporting and has sponsored for immigration in the past. Your partner would do a separate I-864 affidavit of support from you listing himself as joint sponsor. You would have to do your own, but your mother would be relying upon your partner for the financial support. Please note that you cannot submit one form only for yourself and your partner as he would not qualify as a household member. 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

How are you sponsoring them for a work visa?  Normally, someone has engaged in employment without work authorization for 180 days or more is disqualified from being able to get a visa or green card in the U.S.  If the visitor visa overstay on the entry card is more than one year, then they will be barred from returning for 10 years if they leave the U.S. for visa processing. If you filed an application with the U.S. Department of Labor and/or the U.S.C.I.S., then you should consult with an attorney.  Perhaps, someone should review what has happened to date and provide you with legal advice.  Our office, like most others, provides Zoom Conference video calls.... Read Answer

An individual visiting the US must have a legal basis to enter. If a Canadian citizen, the Canadian passport is sufficient for visiting. For countries which participate in the visa waiver program, an individual must apply for ESTA electronically and be approved before coming over. For all other countries, a visa or other official entry document is required. 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

Yes, you will be given opportunity at the time of the naturalization interview to correct any item on the N-400 application. If the officer does not ask the question, you should volunteer that you were in mandatory military service. 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

In your situation in filing the I-130 petition for your stepparent, you can either check off parent and leave it to the immigration officer who should readily recognize that this is the stepparent, or append a note to the filing that this is the stepparent, or type in the word “step” before the word “parent” in the form. 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 boyfriend applies for a visa intending to visit but conceals his real intent which is to get married and stay here permanently, that is technically immigration fraud. Work with an attorney to make sure that your case is processed correctly to avoid needless delays or worse, an outright denial. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee. ... Read Answer

Hello Missy.  If you don’t meet the minimum income requirements you can enlist a joint sponsor who can file with you. Discuss with counsel. Some of us charge very affordable flat fees to represent you from beginning to end to make certain the case results in a successful outcome. Counsel anywhere in the USA can represent you. Call to discuss.... Read Answer

Visitors visas are given by the consulate if the embassy feels there is a excellent chance the visitor will return. Alternatively if the embassy won’t give her a visitor visa and if you love this woman and want to marry her, she can obtain a fiancé visa and then immigrate to the USA or you could get married in kiev and bring her over when the visa is processed. Both options take about the same time. Hire counsel to plan a strategy that fits both your goals and let counsel handle all steps from A to Z ... Read Answer

If the boy is a student at this time and you wish to have him continue his education in the US, you could possibly find a school for him that would issue an I-20, and send the I-20 to him with your affidavit of support including the form I-134 affidavit of support, job letter, banking statement, last year's tax return, and a statement to the consulate or embassy concerning your relationship with the boy and why you would be willing to sponsor him for schooling 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

If you are boyfriend and girlfriend, your friend may obtain a Fiance visa and immigrate to the US when said visa is issued by the consulate in Ghana. That visa, however, is good for only 90 days, and the two of you must get married within that time period. Once married, he can adjust status to that of lawful permanent resident. I would need to know more about your criminal past, but I dont think it would pose a problem. Also, one of the requirements for the issuance of the Fiance visa is that the two of you must have physically met. ... Read Answer

First, You cant get married to someone unless that other person is unmarried. The fact that she is still married is a problem. Why has she waited 9 years to seek a divorce? Second, the fact that she wants to just come here to work so she can send money back home to her kids may be another problem. Immigration officers always look to the issue of whether a marriage is entered in good faith and is bona fide. If the agent reviewing your case discovers that she just wants to marry an American citizen so she can work here, and send money back to the Phillipines,  she may not get approved.  I would need to know alot more information before giving more advice, but based on your brief fact pattern those are two issues that may be a big problem... Read Answer

There is no direct path to citizenship. She would first need to become a lawful permanent resident. There is nothing in the information provided that indicates she is eligible for lawful permanent residence. Simply having U.S. citizen children is not enough. One of her children could only petition for her upon reaching the age of 21. There may be options depending upon more facts. I encourage her to consult an attorney about her situation. In the interim, you can read more about immigration at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

Your client would need an appropriate immigrant or nonimmigrant visa. Without knowing more about her background and immigration goals, it is difficult to provide any guidance. Your client should consider scheduling a consultation with an experienced immigration attorney. Many attorneys offer consultations by phone or Skype. In the interim, your client can read more about immigration options at www.myattorneyusa.com. ... Read Answer

Unfortunately, your friend's husband is likely subject to the permanent bar to admission given he is being prosecuted for illegal re-entry. The fact that he has a fiancé and children in the United States will not provide any path to lawful permanent residence. He would not be able to seek lawful permanent residence until he has been outside the United States for at least ten years. After ten years, he would require a waiver to return. You can read more about the permanent bar at http://myattorneyusa.com/permanent-bar-overview.... Read Answer

The first step would be for your son's father to become a lawful permanent resident. A person must be resident for a set amount of time before becoming a citizen. Whether your son's father can become a permanent resident will depend upon more information about the criminal case. Unfortunately, without knowing if he was convicted and if so, under what statute and the penalty imposed it is impossible to determine whether he can become a resident. Could you please provide more information about the criminal charges? In the interim, you can read more about criminal matters and immigration at http://myattorneyusa.com/criminal-aliens. ... Read Answer