Massachusetts Immigration Legal Questions

At this time, it is apparent that your mother-in-law will not be able to attend her biometrics since she has already left the country. You can either do nothing or return the biometrics notice with an explanation that your mother-in-law has already left the country and will not be attending the biometrics appointment. 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

Yes that is possible and the US citizen can sponsor his spouse at the US consulate overseas, but a requirement To sponsor his spouse is that The sponsor has a US domicile, meaning that the permanent residence of the sponsoring spouse is in the United States, sometimes the government will allow the married couple to avoid that requirement if they can prove that they have taken significant steps to relocating back to the United States like for example hiring a moving company signing a lease buying property obtaining the US drivers license, etc. But I always advise people in that situation to have the US citizen spouse relocate back to the United States in advance of the foreign national getting the green card and coming over here.Furthermore, a case such as this should not be done by yourself, it really should be done with the aid and representation by an immigration attorney.... Read More

There is no legalization program at this time that you qualify under. If you are unmarried, you may be able to adjust status to permanent residence through a bona fide marriage with a US citizen. Marriage to a  permanent resident would take a longer period of time and most likely necessitate your leaving the US for you to finish your process. Prior to that time, you would have to obtain an I-601A waiver of the 10 year bar for being illegal in the US for a year or more. That waiver would likely be based upon extreme hardship to your permanent resident spouse if the waiver was not approved. For other situations, you should make an appointment with an immigration lawyer. 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

  I assume that the harassment prevention order is equivalent to an order of protection. I do not believe that having one against you will affect F-1 status or obtaining an H-1B, but a violation of an order of protection where it involves current or former spouse, person by whom you had a child, person who is cohabiting with or has cohabited with you as a spouse or person similarly situated to a spouse, would make you removable if you violated the part of the protection order involving protection against credible threats of violence, repeated harassment, or bodily harm.  I also note that under today's stricter standards of the Trump administration, even an arrest might put you on DHS's radar. 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

  You can apply for advance parole for the purpose of obtaining permanent residence in Canada, and the advance parole instructions say that you should include a copy of the appointment letter in your request for the advance parole. I have no comment on your plan of coming back to the US and staying for one more year before going back to Canada.  Whether it will complicate your situation is something that I could not tell you. 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

I suspect that if the only thing that is keeping you legal up to the date of filing an adjustment of status is the H-1B pending petition and you then withdraw the H-1B petition, U.S.C.I.S. could possibly give you problems on the adjustment by claiming that the H-1B filing did not give you legal nonimmigrant status where it was never approved. 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

These are all questions that you need to pose to your attorney. Under the new public charge rules, additional financial information and forms need to be completed if you file on or after the 24th of February.  Consider working with an attorney to maximize your chances of success. Counsel anywhere in the USA can represent you. Good luck. ... Read More

The issue in your case is whether your spouse is an American citizen. If you have overstayed your visa, etc,  that will not affect your citizen spouse from sponsoring you for a green card, unless other grounds of inadmissibility apply. Consider working with an attorney who can prepare the case from start to finish so that long delays or a denial can be avoided. Some of us are very affordable. Good luck. ... Read More

Assuming that your daughter is a US citizen and over the age of 21, and that you and your husband will be free from the deportation time and ten year bar for remaining illegally in the United States for over one year by the end of your processing, she would file an I-130 petition for each of you, and when those are approved by U.S.C.I.S., you would begin consular processing for the green card. (The 10 years must be satisfied by the time that you are interviewed by the 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 More

You have outlined two options for bringing your wife to the United States – having her apply as an H-4 dependent or having her stay in Australia while you work on your permanent residence (presumably through employment). For the sake of your family harmony and because of the uncertainty of timing and success through employment-based immigration, you are probably better off having her come to the US under H-4 status and staying with you during the time of your application for the green card. 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

Yes if he is going to marry a foreign national and your son is a US citizen, he can sponsor his fiancé’s child, as the child is under 21. That is the benefit of a fiancé K visa. Your question is a wee bit confusing. Is your son in the USA or with his fiancé in Bangaladesh?... Read More

Assuming you’re a US citizen, you can sponsor him for a fiancé visa which will allow him to travel to the US. You must marry him within 90 days of his entry here, and then you can adjust his status. The whole process takes roughly 10 months to a year. Counsel anywhere in the country can represent you and handle the case from start to finish. ... Read More

It takes about two years for a visa to become available for a foreign national who is being sponsored by their green card holder spouse. If you are a US citizen, the visa for your spouse will become available immediately. Discuss with counsel about all the facts involved so the best and fastest strategy can be implemented to bring your fiancé over here. Counsel anywhere in the US can take your case.... Read More

The period of time that you are talking about is only 28-29 days according to your fact situation. Since the I-94 expiration date was July 2016, over a year later, you did not accrue unlawful presence. Even if you had, it would take 180 days of unlawful presence to bar you from the United States for three years. When applying for an immigrant visa, you can put down that you were unlawfully present for the 28 or 29 days, and it would make no difference in a consular interview for an immigrant visa. If you were adjusting status in the US, it might make a difference, but that would depend upon the category under which you were seeking 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 More

As long as you applied for a cap H-1B which generally means going through the April selection process, you are allowed up to six years of H-1B employment regardless of whether you interrupt it through a stay in your home country. In your case, you can return under H-1B status if you find a company that sponsors you for the visa status and the petition is approved by U.S.C.I.S. You are not required to go through the cap selection process again. I note that U.S.C.I.S. restored premium processing to all cases on March 12, 2019, thus making possible for the time being your scenario of having the H-1B approved within a few weeks. There is of course no guarantee that the agency will not cut off premium processing in the near future. 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

Individuals holding B1/B2 visitor visas are eligible to apply for extension of stay on form I-539 application to extend/change nonimmigrant status, but not for the purpose of working or looking for work. For that, you would have to explore the working visas that the law allows. You may wish to make an appointment with an immigration lawyer who can go through your options. 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

You or your legal representative should be trying to contact with U.S.C.I.S. as much as possible to attempt to have your I-130 adjudicated. Communicating with U.S.C.I.S.'s contact center at 1-800-375-5283 is a good place to start. If the I-130 is in the local field office of U.S.C.I.S., you or your legal representative can schedule infopasses (if such is still allowed in your local office) in which you can speak with a U.S.C.I.S. officer and if not satisfied, escalate up the chain of command or even contact your local congressman or senator for assistance. Judges are being caught in a situation in which the Trump administration is discouraging them from giving continuances, but where relief is possible, many are still haranguing government attorneys in court as to when the I-130s will be adjudicated and continuing the hearings. 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

A civil dispute is largely not relevant in the decision of whether to issue a US visa. The only relevance would be whether a consular officer on somehow finding out from you the details of the dispute over rent might come to a different conclusion that you did not pay because you did not have the resources to do so and might be a danger to either become a public charge or take up unauthorized employment.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

You can file for divorce, and if you have not already filed for I130, AOS or marriage visa than you shouldn't do so as it will make you liable and responsible for her for the next 5 years. If you want you can also make her life miserable under the law in regards to immigration and etc. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in MA.... Read More