Kentucky Immigration Legal Questions

You may be able to file a fiancé visa petition. Have you met in person during the past two years? Do you intend to marry within 90 days of his entry? If so, you could file a fiancé visa petition. The fiancé visa process is two step. The first step is for you to file a fiancé visa petition. It will take approximately five months for USCIS to issue a decision. Once approved, your fiancé applies for a visa. This stage takes one to three months depending upon how quickly your fiancé gathers supporting documents and appointment availability. After he is issued the visa, he can come to the United States and after you marry he filed for his green card. He can request employment authorization after he enters by filing the appropriate application. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

The first step is for an alien to become a lawful permanent resident. Only after he has been a resident for the requisite period of time can he seek naturalization. Having been arrested and charged with a crime does not bar one from becoming a lawful permanent resident. However, a conviction may prevent you from becoming a resident. Some felony convictions result in permanent bars to admission while others can be waived. It is important to know whether your son's father has been convicted of a crime and if yes, what crime was he convicted of violating and what sentence was imposed. You can read more about criminal matters and immigration at http://myattorneyusa.com/criminal-aliens.... Read Answer

You can start by requesting a replacement green card. Once you have filed a request for a replacement green card, you can take the filing receipt to an infopass appointment at the local USCIS to request temporary proof of residence. You should be able to obtain a replacement driver's license with this documentation. ... Read Answer

Your fiancé is free to apply for a visitor visa. She would start the process by filing Form DS-160 with the U.S. Department of States. However, under the circumstances, she is unlikely to be issued a visa. A consular official will likely debt the visa application for immigrant intent given the purpose of her trip and her lack of ties to her country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas. ... Read Answer

This situation will likely not impact her ability to immigrate through a fiancé visa petition. There are several options for her son to pursue residence each with its own positives and negatives. I would encourage you to consult an attorney to develop a strategy for handling both matters. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

After an application for naturalization is filed, the applicant will be scheduled for a biometrics appointment. USCIS will conduct background checks on the applicant and send the case to the local field office for an interview. During the interview, the applicant will be administered the English and civics test as well as questions related to eligibility. If all goes well, the application will be approved and the applicant will be scheduled for an oath ceremony.  The residence requirements are different for spouses of United States citizen, because the law provides a quicker path to naturalization as an additional benefit of being married to a U.S. citizen.  You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

It is not clear what you are asking. Your I-94 controls your authorized stay in the United States. You must file to extend the status whenever you wish to remain longer in the United States. Failure to do so would mean you alerts out of status for any time you remained in the country beyond the I-94 expiration date.... Read Answer

The United States has a law against polygamy – no one would be allowed to come to the US to engage in a polygamous marriage. Neither would someone who advocated it be admissible. 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 father becomes a US citizen and files a petition for you before the age of 21, you would be eligible to adjust status to permanent residence as the immediate relative of a US citizen. Failing that, you would only be adjustable if you are entitled to the benefits of §245 (i) under which your father would have had a labor certification application or immigrant visa petition filed by April 30, 2001, and be physically present in the States on December 21, 2000. However, even in that scenario, your case would fall under the F-11 category as the adult son of a US citizen and you would have to wait for that quota to clear before you could file for adjustment of status. That category has a 8-9-year backlog for people born in most countries of the world. I note that with 245(i) benefits, your father could sponsor you under the F-2B category as the unmarried adult son of a permanent resident and the waiting time would be approximately 7-8 years.  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

It will be a difficult case. Without reviewing your husband's criminal record in full, I cannot divide a definitive answer but his immigrant visa petition for you will likely face scrutiny. His conviction may bar him from petitioning for you under the Adam Walsh Act. There is a waiver available but there is not enough information to assess whether the waiver could be sought in this case. I would encourage you and your significant other consult an attorney to get a better picture of The matter.... Read Answer

The general rule is that persons holding J-2 status are not allowed to work in this country unless they have employment authorization from U.S.C.I.S. Your situation presents a twist as you are the owner of a small company overseas and propose to provide services to a U. S. company while you are here and invoice it for your services before you obtain the EAD. In my opinion, what you are proposing sounds like unauthorized employment as you will be rendering work for a U. S. company even as you interpose your overseas company as a buffer. This would especially be more apparent if you worked on site for the U. S. company. In the event that you work from home, that might lessen any chance of problems that you might have with the Department of Homeland Security , especially if the U. S. company pays your company or you in Europe for your services and you are not paid directly in the U. S. through your invoice. 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, Now that you are a legal permanent resident you can file for your daughters' green cards immediately as it can take up to 4-5 years before they can receive it. It is not clear if your daughters are in the U.S. or outside of the country. Please note that the procedures are different depending on whether they live here, entered the U.S. legally or are abroad. You should speak to an experienced immigration attorney in your local city about your daughters' case in detail so that you can make the right decision for your family. Good Luck. The information contained above is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific situation, please speak to your immigration attorney.... Read Answer

As the K-1 is a nonimmigrant visa, you and your cosponsor can both submit I-134 affidavits of support. When your fiancé comes to the US and you marry within 90 days and file the application for your spouse's green card, you and your cosponsor can submit I-864 affidavits of support. You appear at this stage to be mixing apples and oranges as I-134's are for nonimmigrant cases and I-864's for those dealing with permanent immigration.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

Probably the best way for your boyfriend to come to the US would be your sponsoring him for a fiancé visa or for permanent residence if you intend to marry when he comes to the country. A fiancé visa would be submitted on form I-129F and an immigrant visa petition on form I-130. It is often difficult to locate a suitable business that would be able to sponsor him legally for a work visa. For him to attempt to enter under a touristf visa might be problematic and involve possible questions of misrepresentatio if your intention is to be married when he comes in to the States. If you do not know if you intend to marry, he could possibly apply for the tourist visa, and the giving of such would be within the discretion of the American Consulate or Embassy.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 and congratulations.  We can file a Fiancé visa and you will have to show that you can financially support your fiance after you meet her. In addition, they must qualify for an Immigrant Visa with a clean medical and criminal record. The process takes about 6 months to get approved in the U.S. Then, it will be sent to your fiancé’s Consulate for Processing (these processing times vary, but total time should not be longer than a year). Once they arrive on the K-1, you will get married and file an Adjustment of Status for “Conditional Residency”. This green card will be good for 2 years. At the end of those 2 years, you must file another petition documenting that you two are married and living together. The other option is to go and marry her there. This process may take a little longer for her to get here (10-12 months), but it will be cheaper because you will not have to file the adjustment of status when she arrives. The green card will just be mailed to your house. Let me know if you would like to discuss either option in more detail. Harun@ksvisalaw.com or 858-874-0711. Here is more information from my website also:  http://www.ksvisalaw.com/family-law-immigration/fiancee-k-1-and-spousal-k-3-visas/  ... Read Answer

Hello,   To determine if your father can avoid deportation from the U.S., more information is needed about   the length of his sentence, the type of drug related crime he committed, his criminal and immigration history, etc. Since drug convictions can often lead to a person being put into removal proceedings, it is important that you take the details of your father's criminal case and his U.S. legal residency information and consult with a local immigration attorney in your city to see if he is a good candidate for a criminal waiver. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer