Michigan Immigration Legal Questions

Yes the sponsor needs to complete the affidavit of support and if you dont have sufficient income, then you must engage a joint financial sponsor. Anyone can act as a joint sponsor provided they have either a green card or have US citizenship. You should retain counsel to handle all steps from A to Z to make sure the case is processed without delays or problems. Counsel in any state can represent you. ... Read Answer

You do not have to go to the biometrics appointment if you are giving up the case. You can further write a letter to USCIS requesting cancellation of the application. If you filed online, you can upload a message. I note that having one DUI is not an automatic bar to naturalization. While deniable as impinging on good moral character, the entire circumstances may be taken into account by the officer. 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

You have a sticky situation in which I do not see an easy answer if you take affirmative action. Your choices appear to be filing an I-751 at this time with the explanation that the untimely filing should be accepted because USCIS made the error – but you would have to prove entitlement to the application on the merits. If you apply for citizenship, an immigration officer is likely to catch the error at interview, and probably request that you file an I-751 at that stage or possibly refer your matter for removal proceedings. (I believe that a reasonable officer would give you a chance in light of the USCIS error). 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

It is possible that the embassy is confused concerning your friend’s request, and thus is asking him or her to get an attorney to help process the B1/B2 visa. Usually, these types of visa applications do not require legal assistance. An attorney, however, can guide an applicant to the right type of paperwork and documents that can be considered by a consular officer. 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 form only asks for parent information if your parent is a US citizen. If that only applies to your stepfather, you can put down his name and make clear on the form that he is your stepfather. If your birth father is also a US citizen, you can put in his information and then add an addenda page to clarify that your stepfather is also a US citizen along with all of his other information. 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

Since you are in Canada, the most common scenario is that if you are still there at the time that you secure a job offer from a US company, the company can petition for a new H-1B since you did not use up the entire six years maximum stay from your prior H-1B employment. Once approved, you would either visa process at an American consulate in Canada if you are not a Canadian citizen, or simply enter the US with the H-1B approval if you are a Canadian citizen. You would of course have to adhere to the Covid-19 protocols. 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 burden of proof to get a B visa is not on the host but on the person applying for a visitor visa. Consular officers need to see documents like the visitor's tax returns, letter of current employment, pay stubs, W2 forms etc and also property ownership that can be proven by deeds of trust and appraisal estimates for that property. This evidence establishes that the immigrant will return to her home country upon completion. ... Read Answer

Assuming that there was no fraud associated with the family obtaining the green cards, divorce at this time has no effect upon an application for citizenship. 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

Attorneys can be fired and discharged at any time by the client. The attorney may be entitled to a quantum meruit fee for services that have been performed. You should research immigration attorneys prior to retaining them. Some of us including myself charge a very affordable flat fee, for representation from start to finish and counsel in any state can represent you.    ... Read Answer

Your guiding light on what figure to put down should be according to the instruction on the I-864 form itself that “For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.”  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 no special privilege given to persons who are Saudi born. Present visa availability for the F4 category for siblings is open for cases in which the I-130 petition was filed before September 22, 2006. 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 seems a lot of trouble to go through to apply for a fiancé visa and then not stay in the US to complete the process. That is up to you.  Alternatives are for you to come to the US by air under a Canadian passport if you are a Canadian national or with visiting visa if not, marry in the US, go back to Canada and have your spouse file an I-130 for you; or that your fiancé and you marry in Canada, she go back to the US and sponsor you under for an I-130 instead of I-129F. You may consider these. 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 should schedule a private phone consultation with a lawyer before you make that decision. Concealing your intent when entering the US is immigration fraud and can cause very serious problems in your future. If you and your spouse decide to immigrate here then it should be done lawfully and with a lawyer representing you both. ... Read Answer

The three-year rule for naturalization is available to those who can show that they have been married to a US citizen for three years, that the US citizen has been a US citizen for three years, and that they have been living continuously with the US citizen for the three years. 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

Just because a visa petition has found its way to the National Visa Center (NVC) does not mean that you must consular process your case. If you decide to stick with the I-485 application, U.S.C.I.S. will call back the I-130 petition from the NVC if it requires the petition for adjudication. As you have already filed for adjustment of status, you may be more comfortable waiting for the notice of interview. In looking at the current processing time chart for the Detroit office (since your state is Michigan), the field office is processing family-based I-485 applications between 7-17.5 months. Consular processing usually takes approximately 6 months from this point. It is up to you as to which processing you prefer. 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

Did you file a police report? We’re you physically assaulted during the robbery? Are you lending assistance to the police to apprehend the attackers? Discuss these and other questions with counsel anywhere in the USA. Sorry you had to go through this. Counsel anywhere in the USA can represent you. ... Read Answer

Good plan. I do note that following the ending of your STEM OPT, you are still allowed 60 days grace period to depart the US, so your timing is not as critical except for your ability to work after August 31. Applying for a change of status to H-4 while in valid F-1 status would insulate you in the event that your H-1B petition is denied. Individuals who apply for H-1B while under OPT are allowed to work until September 30 under the cap-gap rules, and I guess the question could ultimately be whether your continued work under cap-gap after August 31 (if you decide to keep working) would run contrary to the F-1 grace period rule which does not allow employment. If the H-1B is approved, you can withdraw the H-4 filing.  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 legal age for a child to apply for parents is 21. There is no exception. After he turns 21, he will be eligible to apply for you and your wife, but not your other children. He would be applying for you and your wife in the immediate relative category with separate petitions, and that category does not allow for dependents to immigrate at the same time.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 extend your stay in the US, you would have to apply on form I-539 Application To Extend Or Change Status and your family members would have to fill out separate I-539A dependent forms. You would have to state your reasons for staying, give assurances that you will be going back at the end of the six months, and show ability to support yourself and your family for the time period without having to resort to employment. As the principal, you would have to pay $370 and each of your dependents $85 to the US Department of Homeland Security. 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 will need a joint financial sponsor if your income is insufficient to meet the minimum level of income that USCIS requires. It appears that a K fiancé visa would be the best pathway to bring your fiancé over to the US. Retain counsel to process the case. Counsel anywhere in the USA can represent you. ... Read Answer

This is probably a difficult request that you are asking for four reasons. First there is no nonimmigrant visa that would allow you to do this. Second you appear to be an overstay and would be subject to a 10 year bar if you left the United States. Third a green card employment case for doing this requires that you have paid experience in the occupation other than through taking care of your father. Other obstacles to an employment case are that trying to get a green card through employment means that the applicant generally does not have a strong familial relationship with the sponsor, in this case your father; and that the sponsor has to have sufficient financial strength to pay prevailing wages to an applicant. Fourth a deferred action case in which the government withholds removal and gives work authorization is very unlikely in this political atmosphere.  A more viable route, but one that takes much longer, is for your father to sponsor you as his son or daughter. If you are single, the case would take approximately 7-8 years and if you are married approximately 13 years. Your father would file an I-130 relative preference petition for you and upon approval, you would file for an I-601A waiver of the 10 year bar while still here in the US. If both the I-130 petition and the I-601A  are approved, and when the waiting list is almost at an end, you would consular process your case and be interviewed for an immigrant visa at the American consulate or embassy in your home country. Assuming that the interview goes well, you would likely return to the US within 1-2 months with an immigrant visa. Your stepmother could do the same for you if your father married her before you turned 18.  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 generally push back an immigrant visa interview indefinitely as long as you notify the consulate or embassy of your parents' continued interest in immigrating to the States at least once a year. 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