Michigan Immigration Legal Questions

If you apply on January 2021, all you have to provide is your most recent tax return, which would be the 2019 return. Based on your numbers, if your adjusted gross income was $21,800, for a household of two, you would meet the minimum income requirements. Typically, once the interview is held they would like to see the most recent tax information, the most recent income information preferably they require a letter from your employer and W-2 statements or paystub's the last two months of pay stubs showing what you're currently making. Do you need a lawyer? It would help the case if you Had one.... Read Answer

Although the minority view is that a timely application for asylum from a person on a current B-2 visa status preserves lawful status to allow adjustment of status in the future, the unanimous view is that a NTA ends the ability to be considered in lawful status. Obtaining TPS after getting a NTA in our opinion would not allow you to be considered in lawful status for purposes of a later adjustment of status application through your parents. We note that there have been many shifting policies and developments concerning TPS in the past few years which may continue and so our present opinion may not necessarily be accurate in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Unfortunately, you are ineligible for US citizenship due to the residence requirement in which most residents including yourself must have been a permanent resident for five years and in that five years remain physically present in the US for half the time, or 2 ½ years. There is no exception. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Although not 100% clear, it appears that a H-1B change of employer petition may not be treated the same as a regular extension by the same employer, and may not be subject to a 240 day limit on employment authorization. If you wish to be safe, your employer can always request premium processing on form I-907 with USCIS. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Your daughter who is a US citizen by birth and currently lives outside the United States without a job can sponsor her parents working in Canada under the conditions that she has a financial cosponsor who is a US citizen or permanent resident who can provide the requisite I-864 affidavit of support forms and documents, and that she is able to prove a domicile in the US by the time of her parents’ immigrant visa interviews. That is because a petitioning US citizen or permanent resident must be able to show that he or she considers the US his or her country of domicile. Your daughter may present such evidence as ownership of property, renting of property, US bank accounts, proof of voting in the US, a job in the US, etc. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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. Approval of the I-129f is just the first leg of the journey. The file is then sent to the NVC for further processing and then shipped off to the US Consulate in the Fiancé's home country for final processing. The immigrant will need to obtain police clearance certificates from every country he lived in for at least 6 months, after the age of 16. ... Read Answer

You did not mention your current status but there are several crimes that makes one inadmissible to the United States hence deportable. If you are currently on a Green Card and when it is time to file for Citizenship I strongly recommend you seek assistance from an attorney as certain offences constinutes a conditional bar e.g. Crimes Involving Moral Turpitude (CIMTs).... Read Answer

You have a dual intent situation which technically is permitted. The important thing to do is to tell the truth in every representation that you make both written and oral. Since the easiest pathway to a green card is through your US citizen wife's sponsorship, I would pursue that as a priority. You should work with an immigration lawyer to handle the case from start to finish. Some of us charge a reasonable flat fee with no hidden costs. ... Read Answer

It is probable that you will be able to renew your F-1 visa as your offense is a pending traffic ticket, but kindly note that the DS-160 visa application form asks whether you have ever been arrested or convicted for any offense or crime. You have not said whether you were arrested, but if not, your offense would not have to be disclosed unless you were directly asked about it during the visa renewal process. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 no maximum time limit for traveling outside the US when holding H-1B status, but you should be able to convince Customs and Border inspection that you still have a bona fide H-1B job in the US. A job letter confirming your continuing employment may help. I note that we have had H-1B clients who traveled outside the US for longer periods than you are contemplating and returned without incident. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 family can travel to the US without another visa stamping. Their relationship is to you and not any company. Even you would be able to travel back and forth on the basis of your existing visa and the new I-797A approval. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

I am not sure what 217 10000 means, but the usual advice in situations like yours would be to apply for a student visa directly at the American consulate or embassy, and explain your refusal under ESTA at the visa interview. Please note that you cannot make an application for change of status from ESTA to student.  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

A marriage legally contracted in Pakistan will generally be recognized as a legal marriage in the United States. To get out of the marriage, your son could initiate divorce proceedings. Even without a divorce, a petitioner has the right under US immigration laws to stop the immigration process for anyone that he or she is petitioning for. If your son wishes to do so, he can notify USCIS that he wishes to withdraw the petition (if the petition is still with that agency) or National Visa Center (if the petition has already been approved by USCIS and is at the NVC) or the consulate in Pakistan (if the case has moved through the NVC and been transferred to the consulate). Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 beneficiary of the K-1 visa petition can notify the USCIS Service Center that he or she no longer wishes to be petitioned for stating the reasons for doing so if he or she has the appropriate information concerning service center and receipt number of the petition. Your daughter can also do the same with the American consulate or embassy if the petition has already been approved and is sitting at the consulate or embassy. Please note that USCIS and the US consulates consider marriage based cases very seriously and that your daughter in the future will likely be asked to prove the bona fides of the K-1 relationship when she applies for any future US nonimmigrant or immigrant visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

As you are applying for your mother as an immediate relative of a US citizen, a category that does not allow dependents, you must file for your mother first, and once she comes to the States, she can file for your sister. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Generally speaking, attorneys do not obtain documents for their clients – that is usually the responsibility of the client. I do not know your arrangement with your attorney, and if that service is included, but if not and you wish him or her to assist on that, you might make an arrangement to pay for assistance with the police certificate. Just so that you are aware, a police certificate from El Salvador can be obtained without your husband going to El Salvador. The Foreign Affairs Manual directs your husband how to obtain a police certificate if outside the country: If the applicant is outside El Salvador applicant has two options: a - Police certificate can be requested by a Salvadoran Consulate, the applicant must provide Original Documento Unico de Identidad or passport and 2 passport size photographs. This process usually takes between 3 to 4 months for the applicant to receive the certificate in the United States. The applicant must be 18 years or older to receive a police certificate.  b - A power of attorney issue by a Salvadoran consulate or a Salvadoran notary will be needed, the applicant will have to submit a request to the closest Salvadoran consulate to take their fingerprints. Applicant will send to El Salvador via physical correspondence: the power of attorney, fingerprints taken at Salvadoran consulate and 2 passport size photographs. The applicant must be 18 years or older to receive a police certificate Good luck! Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

A foreign national who enters on a tourist visa with the intention of only visiting can adjust status to get a green card through marriage if that foreign national later changes his mind, gets married and decides to remain permanently. Of course, you have to tell the truth on what the real intent was upon entering the United States. You should work with an attorney. Counsel in any state can represent you.  ... Read Answer

In your situation, I do not believe that it should be that difficult for you to obtain a F-1 visa status or F-1 visa. You have exhibited an upwards progression in your studies and with the H-1B. The period of time that you have spent in the US already may be of some concern, but a reasonable adjudicator would likely say yes to allowing you to go forward with your plan of studying for a PhD. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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