Massachusetts Immigration Legal Questions

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 Answer

You don’t indicate where your wife and three children reside. If they reside in Dubai then your chances of obtaining a visitor visa are better than if they reside in America. The consulate will issue you a visitor visa if they think you will return to Dubai on completion of your visit. Your Ties to Dubai , work, property family etc, will be carefully scrutinized by the immigration department to make a determination. You should hire counsel to assist you so that your chances are better. ... Read Answer

You may have a valid concern if employer B initiates the process for transfer within a week of your coming back to the US. Perhaps a more safe situation would be waiting to submit the petition until you have three pay slips following your reentry to the US. Generally speaking, as long as an applicant has not transferred to the second employer, he or she is able to remain with the first employer if the transfer petition is denied. Consular processing is not required as you already have a valid H-1B visa in the passport. If employer B does not request an extension of status for you in the US, you could go outside the US and reenter with your valid visa and I-797 approval of the second H-1B. There is some merit to doing the case that way, but it may be unnecessary given the proper precautions.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

To include your 10-year-old son's name in the NVC application, you can communicate by letter or email to the NVC expressing your desire to have your child included in the case. You can also include a copy of the child's birth certificate and passport if one is available.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

Tourist visas are given in the discretion of the American consulate. Your girlfriend situation does not appear to be promising for tourist visa, but she can try. She would have to convince the American consular officer that she has sufficient ties and bonds outside the United States that she will not stay along with sufficient monies to support herself without working during the period of visit. 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

One of the difficulties is that everything must be done by the time that your daughter reaches the age of 18. Other than that, she can either try to give up the green card and obtain a visiting visa or attempt to enter as a permanent resident explaining her entire situation to Customs and Border Protection at the port of entry and why she should be so admitted. Once in the U. S., she would have to show that she is in your physical custody (residing with you) before making a citizenship application. Good luck! 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

Even if your husband has been unemployed for a few months, he may still be able to file for you, especially if he or you has a friend or relative who is willing to be a joint sponsor and capable of taking on the support obligation. In such case, your husband would fill out an affidavit of support on form I-864, and the friend or relative would fill out another I-864 and checkmark the form as a joint sponsor. 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

On the I-130 petition, you are technically only applying for your brother. However, the I-130 petition does ask for information on all of his family members. So you should certainly include the U. S. citizen daughter on the I-130 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

The question of whether a TPS holder can adjust status in the US is a hot button issue at this time and the circuit courts are divided as to whether it can be done. The Ninth Circuit Court of Appeals in California just decided that it was possible in following the Sixth Circuit in Ohio. Meanwhile the 11th Circuit with jurisdiction over the states of Alabama, Georgia and Florida has decided in the negative. The rest of the circuit courts have not yet ruled. 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

Hopefully the charge can be dismissed or changed as a conviction for domestic violence against a fiancé is a permanent bar to immigration. With a dismissal or change in character of the charge, and if you are a US citizen or permanent resident and marry and petition for him, ICE would likely give him a bond or release him on his own recognizance or with ankle hold assuming that he has not had prior criminal incidents or a bad immigration history.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

Have you spoken to the attorney who filed the most recent LCA and amendment? He/she is in the best position to provide case-specific guidance. Without reviewing the file, I would err on the side of caution and tell you to avoid international travel until you have received an approval notice. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read Answer

I will assume that your sister applied for a visitors visa to the US. Such visas are given in the discretion of US consular officers taking into account the circumstances of the applicant including age, job, resources, property and other ties in the home country. Your being a US citizen could be seen as a negative factor on the question of whether your sister has nonimmigrant intent. I suggest that your sister strengthen her application by having more ties to the home country and be prepared to show those ties to the US consular officer the next time that she applies for the US visa.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

You are not entitled to a social security number based upon the information provided. You may be able to request a change of status to F-1 student, which would allow you to study in the U.S. Speak to the DSO at the college you wish to attend. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

Your spouse may request a change of status to H-4 at any time in which you hold H-1B status. That being said, it may be best to wait until after your extension beyond the six-year cap isaporoved to avoid having to file a changexif status followed by an immediate extension of status. You can read more aboyt H visas at http://myattorneyusa.com/work-visas.... Read Answer

You may request a change of status to B-2 without leaving the country. You need to file Form I-539 with USCIS prior to the expiration of your current status. Read the instructions carefully when preparing the form. You can read more about changing status at http://myattorneyusa.com/change-of-nonimmigrant-status.... Read Answer

Your brother has 30 days from the date the immigration judge ordered his removal to file an appeal with the BIA. If it has been more than 30 days, his appeal is time-barred. He could only pursue a motion to reopen. That being said, neither option may be viable. What your brother wants, he may simply be ineligible for. I would encourage you to have an attorney review the situation. ... Read Answer

You need to proceed with caution. This an instance where it may better to withdraw the application for now and proceed at a later date. However, to give appropriate guidance, an attorney will need to review all the criminal and domestic violence related documents. I encourage you to take these documents to an experienced attorney for a thorough assessment before taking any action. In the interim, you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer