Kentucky Immigration Legal Questions

It will be denied. You cannot file the I-485 until your Priority Date on the I-130 is current. If you have the approved I-130, you can track the Priority Date on the Visa Bulletin. (see below). The filing of the I-130 does not grant any immediate immigration benefits. The typical wait time (but depends on your nationitly) is about 12 years.  http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html      ... Read More

If by some months later, you mean within six months, you would likely not be granted residence status in this country as most immigration offices are taking 6+ months to interview applicants in marriage based cases. Your girlfriend's timing is incorrect also in that an advance parole travel document usually takes approximately 90 days to obtain after application. If you maintain your legal status under F-1, you could have a plausible defense against being removed from the country in the event that your marriage based case does not work out on the theory that you are still legal and not amenable to removal proceedings.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 More

K-1 Visa For The Fiancée Of A U.S. Citizen A K-1 visa is a nonimmigrant visa benefiting fiancées of U.S. citizen petitioners.  It permits the foreign national fiancée of a U.S. citizen to enter the United States for a ninety (90) day period to conclude a marriage with the U.S. citizen petitioner.  The marriage must take place within the ninety (90) day period after entry.  After the marriage occurs, an application for permanent residence can be made for the foreign national. The petitioner of the K-1 petition must be a U.S. citizen.  The parties must have met in person within the two (2) year period prior to filing the petition; however, a waiver of this requirement may be granted in certain cases.  The parties also must provide proof that they have a bona fide intention to marry within ninety (90) days of the fiancée’s entry into the United States and that there are no legal impediments to marriage.  Unmarried children of the K-1 beneficiary may accompany the K-1 beneficiary to the United States on aK-2 visa.  Children in K-2 visa status may attend school and, after the marriage of the K-1 parent to the U.S. citizen petitioner, may apply for employment authorization.... Read More

Well, if it was an inadvertent mistake, to amend the 2011 should not be a big issue. And so what if the other spouse is notified of this? If they were, indeed, lawfully married in 2011 and the return should have been filed as married, then there is really nothing wrong with correcting it.... Read More

The immigration consequences of convictions, not arrests, but convictions, depend on the exact language of the statute under which the conviction took place. ¿¿Immigration law is different from civil law, and a plea may be a “conviction” for immigration purposes. You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case. No one on this message board should give you a reliable answer without reviewing the relevant statute of conviction, the facts surrounding the matter and your entire criminal, family and immigration history. Your criminal attorney should be strongly advising you to retain immigration counsel to research, and advise you concerning, the implications these arrests/convictions could have on your immigration status.  If you have not yet been convicted, you should hire an immigration attorney before accepting any plea.  An LPR is deportable for 2 crimes involving moral turpitude (CMT) convictions committed at any time “not arising out of a single scheme.”  In general, any sentence of more than one year may have severe immigration consequences (even a suspended sentence). Note: This information is offered for educational purposes only; and, is not, and should not be considered, legal advice.  No attorney-client relationship is created unless we have a signed engagement letter. ... Read More

Visiting visas are given in the discretion of American consular officers. The burden of proof is upon the visa applicant to show that he or she will return to the home country after the period of stay. Factors that may decide an application may be whether the applicant has a good job in the home country, resources, family members, along with the reason for the visit. An additional level of caution is likely given to applicants from Pakistan in light of the perceived problem of the country with elements of its population being security threats.... Read More

The most efficient approach is to request a fiance visa for your boyfriend by filing an I-129F (that's form number).  That form is filed here in the US and once approved, the nearest consulate in England then processes the visa.  You would have to marry within 90 days of his arrival on the fiance visa.  Once you are married, he had apply to adjust his status to that of a lawful permanent resident.  You don't need a job if you have enough assets or a joint sponsor, but if you do rely on your own income, it must be 100% of the poverty level for the number of dependents you are responsible for (to obtain the K-1/fiance visa) and then when applying to adjust status, you must show income at 125% of the poverty level (which can be done using a joint sponsor, like a friend or family member).  The filing fee for the K-1 visa is $340.00 but you'll need to pay the consulate to process the visa (several hundred more dollars).... Read More

First, with regard to the I-130's, they are presently taking about 6-7 months at the moment, which is a little longer than USCIS's published processing time of 5 months. There is no way to facilitate your family coming to the US ahead of processing all the necessary paperwork however. As for your son, if you were a US Citizen when your son was born, he is very likely a US Citizen already. The process for obtaining proof of your son's US Citizenship is called "Reporting a Birth Abroad". The process for doing that can be found on the Embassy website at: http://canada.usembassy.gov/consular_services/birth-abroad.html. Cost should only be the cost of a passport, which is less than $100 for minor children.... Read More