Massachusetts Immigration Legal Questions

Your friend will likely face difficulty obtaining a visitor visa no matter where he applies. As part of the visitor visa requirements, your friend needs to show intent to return. This requires showing strong ties outside the United States. It sounds like he lacks these ties. As for moving to the United States, you typically need an employer or family member to sponsor you for an immigrant visa. You can read more about immigration at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

A denial of a visitor visa will have little to impact on a fiancé visa petition unless he is found to have misrepresented himself or committed fraud. Most visitor visas are denied because the applicant cannot establish nonimmigrant intent. With a fiancé visa the purpose is to come to the United States to marry and seek permanent residence. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

Unfortunately, it is hard to give guidance without knowing what has happened. Your mother may want to request a complete copy of her immigration file and have it reviewed by an attorney. This could help determine what happened and if anything could be done to return her to the United States. ... Read Answer

Hello. If your child is a US citizen then you may be eligible to apply for protection from deportation and a work permit through a pending program called DAPA. Deffered Action for Parents of Americans is currently pending before the US Supreme Court. A decision should be made no later than June 2016.  If successful you may qualify for this program. Please contact me for a free consultation for further adivse if you would qualify.... Read Answer

Hello. It is uncertain whether the agency doing the CORI check has a policy to contact ICE for undocumented persons in the US. I would recommend you file Form I-130 petition for alien relative as soon as possible as this may aid in ICE's decision to exercise prosecutorial discretion and allow him to remain here. Please contact me for a free consultation for additional case specific information.... Read Answer

A seven-year-old child is not barred from obtaining permanent residence by virtue of overstaying in the US. She would have to be 18 to be subject to a three or ten year bar for being in the US illegally for 180 days or one year respectively. As to whether the US Embassy would or would not refuse the visa for other reasons is up to the interviewing consular officer. I do note that if a consular officer makes a finding that the parent intentionally intended for the child to overstay at the time that she applied for her visa, such could constitute a reason to deny. However, such a denial may be overcome through a waiver.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 depend upon the exact charges for which your fiancé was convicted and the sentence imposed. Your fiancé may be required to show additional equities to or seek a waiver to secure a visa. Your fiancé could be ineligible for a visa. I would encourage you to obtain copies of his criminal record and have it reviewed by an experienced immigration attorney. You can read more about the family immigration process at http://myattorneyusa.com/family-immigration.... Read Answer

You may become a citizen through naturalization. You may seek naturalization after being a lawful ermabebt resident for five years (three years if married to a United States citizen). Your son would need to first come to the United States as lawful permanent resident before he could become a citizen. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Hello. If your friend were to marry an US citizen then she can adjust her status to an immigrant visa. If not then it is too late to request reinstatement of her F-1 status and if caught by ICE she may be placed in removal proceedings. There may be other options available for her but I would need to speak with her. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

Hello. Your friend may be eligible for a visa as a battered spouse or as a victim of violence. Please have your friend contact me so that I may better determine the course of action for him to take. My firm has clients throughout the United States.  I would be happy to assist him with his immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq.... Read Answer

Your question implies that he was previously deported. Whether he would be able to return after deportation will depend upon why he was deported, family ties to the United States, and prior immigration history. The best way to start is to take a copy of his immigration file to an experienced immigration attorney for review. ... Read Answer

Your father could apply for you under the F-3 category which has a backlog date of approximately 11 years (could get better in future). At the end of the process, the law in effect at that time will dictate whether you are able to adjust status in the US without leaving. I note that even if adjustment is not possible, the I-601A provisional waiver is set to expand to many categories in spring 2016 under which a person like you could have the I-130 petition approved, at some point file an I-601A provisional waiver based on extreme hardship to your father and receive the adjudication while waiting here in the States, and if approved, go through consular processing in which you would generally receive a normal immigrant visa interview at the American consulate/embassy in your home 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

No H-1B visa is authorized for a part-time position. Only when one has a full-time position can that person be sponsored for an additional H-1B for a part-time position. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

As you have had the green card for 7 years, and are filing under 5 year instead of three-year provision for married couples, U.S.C.I.S. will only be interested in whether you had a bona fide marriage at the time that you are obtained your green card or whether it was fraudulent from the beginning. It would not be interested in what is going on with your marriage today. It is normal that a marriage in the U. S. has problems over time, and U.S.C.I.S. officers in general understand that. 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 can contact USCIS to see if an appointment letter can be sent sooner, but it is not likely. Once you receive the letter, you could attempt to go to the location sooner than your appointment. You may be able to have your biometrics captured earlier under the circumstances. If you receive the biometrics appointment notice after it becomes difficult for you to travel, you can call the number on the bottom of the notice to reschedule the appointment.  ... Read Answer