Louisiana Immigration Legal Questions

The individual must first become a lawful permanent resident. There is no direct path to citizenship. Most individuals obtain lawful permanent residence through family or employment. Unfortunately, there is not enough information to provide more information. I encourage you to consult an experienced immigration attorney. You can read more about options at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

You will need to apply for a visitor visa. You will likely not qualify for ETSA. You will likely face scrutiny about your intent so you should not apply until you have established ties to England such has a residence, job, bank scooters, etc. you can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

The first step is to become a lawful permanent resident. Assuming the spouse is a United State citizen, the process will take approximately 6 to 8 months from filing of marriage-based adjustment of status package to approval. If the spouse is a lawful permanent resident, the process will be approximately two years due to visa availability during which time the alien will either need to maintain valid nonimmigrant status or depart the country. The earliest a lawful permanent resident could seek naturalization is three years after being granted residence. This assumes the spouses are still happily married.... Read Answer

Your failure to pay child support likely has no bearing on the visa pro being delayed though should resolve this issue. It may be that the document is not being forwarded to the appropriate file or you are not submitting the correct document. Have you tried submitting the document by regular mail attached to the letter requesting the document? Emailing the NVC is often not the most effective means of communicating with them. ... Read Answer

For persons entering the US with C-1 visas who are not crew members, adjustment of status may be possible depending upon the circumstances of the case and whether U.S.C.I.S. believes that they had or did not have the intention to do anything else but to transit at the time that they entered the country. If there is a finding of non-bona fide entry, they may seek relief through an I-601 waiver of grounds of excludability in which the standard for favorable adjudication would be whether they have established that extreme hardship would occur to the US citizen or permanent resident spouse or parent if they had to leave the country. 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 difficulty with overstaying 12 hours in the US is that such may cause a difficulty with your mother's coming back to the US in the future. An overstay technically invalidates the underlying visa, and so your mother might have to obtain a new visa prior to coming into the States. If she is allowed to come into the country without a visa under a visa waiver program, she may encounter extended questioning at the airport when she arrives from an immigration inspector.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

Yes, they must recruit for the position and show that there are no qualified US workers for the position. The labor certification ensures U.S. citizens and the Department of Labor that the immigration of a foreign national on the basis of an employment offer will not adversely affect the wages and working conditions of U.S. workers. This process is generally used for professionals, skilled workers and other workers (EB-3) and workers with advanced degrees or exceptional (EB-2). Please see the following for more details: http://www.ksvisalaw.com/permanent-residency-through-employment/eb-2-eb-3-labor-certifications/  ... Read Answer

Your son must declare that he was arrested at the time that he applies for entry to the U. S. on his British passport (ESTA). There is a very good chance that he will be refused a visa waiver entry because of it. He may either in lieu of that or after that apply for a visiting visa at the American Embassy where he will have an opportunity to explain his situation to a consular officer. 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. We can process her green card when you return. There are some specific items, documents and signatures, you should come back with. The process may take 8-12 months. The timing depends on how busy the Consulate gets. The case is first filed in the US and then forwarded to Lagos about 8 months later. Let me know if you would like further assistance. ... Read Answer

As your I-485 application is still pending, and it appears that your F-1 change of status application was approved even though you didn't go to school, you appear eligible for advance parole to leave the United States. Such can usually be given within approximately 90 days of filing form I-765. That would allow you to return after your temporary trip overseas. If you are approved for permanent residence, you will receive a 10 year green card as you have already been married over two years. Your date to apply for citizenship is three years from the date that you are approved for your permanent residence so long as you are able to prove that you have lived together from the time of obtaining the green card until the time of your applying for US citizenship. Otherwise you would have to apply in five years from the date of receiving your permanent residence. 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

There is a good chance that U.S.C.I.S. may give you a difficult time considering your proposal to have seven of the employees actually work at other companies. There may be a question as to whether the employment situation meets the spirit of the EB-5 program. Also as in the case of H-1B cases, there may be the additional question as to whether the individuals are actually your employees. The question there is whether there is company control over the work of your seven members for them to actually be considered employees of your investment vehicle. 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 is difficult for me to envision your moving from one state agency to another with everything remaining the same. If your agency was entirely subsumed by another, your attorney could possibly argue for a successor in interest and the labor certification could still continue to be used. If not, perhaps an argument could be made that both agencies are owned by the state and so the state is the real petitioner in this case. Hopefully one of these arguments will succeed. Insofar as the H-1B is concerned, your new employer would be wise to submit an H-1B transfer petition to U.S.C.I.S. 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 a US citizen, you can marry a foreigner here in the US traveling on a visa either before or after their period of authorized stay expires.  Marriage to a US citizen waives any bar for an overstay.  You should, however, file for adjustment of status right away to place the immigrant in a legal status (the pending adjustment application is a legal status).... Read Answer

US immigration law is concerned with criminal violations. Serious misdemeanors and felonies can bring about deportation. Civil lawsuits involving land disputes or breach of contract would not be the basis to  begin deportation 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 Answer

If your friend has a conviction for an agravated felony, he is not entitled to an immigration bond and would be held without bond anyway, so paying the state court bail would not result in immediate release from custody (but may result in a change of custody to a different facility--maybe one farther away from home).  If there is no conviction (yet), or if the conviction is not considered an "agravated felony" for immigration purposes, then paying the bail will help, though he may still have to pay an immigration bond as well.... Read Answer

Not necessarily. She will need an independent way to get a work permit. If you filed an I-130 for her and it is pending, it will not give her the right to stay or work here until it is approved and the visa is available. Sibling cases take about 12 months. Thus, she will need an employer sponsor for a qualifying job and related work visa.  ... Read Answer

The fact that several relatives are here legally doesn't necessarily help.  You may meet the eligibility criteria for Deferred Action for Childhood Arrivals, which would allow you to apply for a work permit, but it would not regularize your status to that of a lawful permanent resident.  You may qualify for other forms of relief, but only a lawyer carefully reviewing your situation can help you determine that.... Read Answer