Michigan Immigration Legal Questions

There is no direct path from J nonimmigrant status to a green card. Most individuals obtain a green card through an immigrant visa filed by a family member or employer. Have you considered the Army? The Army has the MAVNI program which allows aliens to enlist and has an expedited process to citizenship.... Read Answer

You have two options. The first is to obtain sufficient documentation to satisfy the Secretary of State. The option is to marry in a jurisdiction that does not have strict residence requirements. The 90-day period cannot be extended so it is important to marry before the time expires. ... Read Answer

Your hmyour husband needs to fully disclose this information to an attorney. He also must discuss why he has used a different name as well as whether he also used a social security number issued to another person. It would also be important to know whether your husband ever completed any I-9s or other documentation that required his immigration status to be disclosed.... Read Answer

Pay slips? You're not supposed to be working on H-4 visa staus. You will be denied the change of status and notified to leave the USA. 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 in responding to the RFE.  ... Read Answer

You would need to speak to an experienced immigration attorney licensed to practice law in Canada. Due to international child abduction concerns most countries require parental consent or a court order for a child to leave the country. This is not something immigration officials will simply overlook.... Read Answer

  It is really not about your paying. While you will probably have to pay legal fees to the attorney, the money will not be able to buy you out of this situation, only get you best legal help possible. It is about your stepfather’s seeking a stateside waiver for the mother and you. It is also about your reaching out to a competent immigration lawyer locally and as soon as possible - especially given your age, and getting on with it. ... Read Answer

You do not appear to be cap exempt because you were not counted in the cap during the past six years. A new employer may be able to transfer your H-1B status and recapture the unused time on your previously approved petition. It may be best to apply for a new visa in the lottery. If you have an employer interested in sponsoring you, you should speak to the employer's immigration attorney. ... Read Answer

At this stage in the process, you need to submit the Form I-130 along with the required supporting documebts and evidence your marriage was entered in good faith. It is not clear why you would submit the police report, but all foreign language documents must be accompanied by a certified English translation. You can find more information by clicking family-based immigration. Your husband will likely require a waiver to return to the United States. The waiver is completed at a later stage, but you should consider working with an attorney to prepare the waiver as it is accommodated process.... Read Answer

Unless there are exceptional circumstances, your daughter would typically file an I-130 petition for alien relative to the U.S.C.I.S. Chicago lockbox at (For U.S. Postal Service deliveries) USCIS P. O. Box 804625 Chicago, IL 60680-4107  (For express mail and commercial courier deliveries) USCIS Attn: I-130 131 South Dearborn - 3rd Floor Chicago, IL  60603-5517 At the time of consular processing after the approval of the I-130 petition, she would have to submit form I-864, and she would typically need someone in the United States such as you to file a joint I-864 in light of the circumstances that you describe. 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 answer depends upon whether the visa applications are separate standalone applications or whether the child is filing under a dependent status. If the first, he or she may be able to receive the visa without you; if the second, he or she must await your result. 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

Marriage to a U. S. citizen excuses an overstay in the United States. I do not see it causing any difficulties in your immigration case. In addition to the I-130, I-485 and I-864 forms, you will both have to submit G-325A biographic data sheets. If you wish employment authorization or advance parole privileges during the time that the case is pending, you would file forms I-765 and I-131. 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

If you were adopted at the age of 2 by a U. S. citizen, but never became a permanent resident, you would not likely be a U. S. citizen by your adoptive parent as adopted children in the past had to be adopted while under 16, admitted for permanent residence, have had 2 years of residence in the legal custody of the adoptive parent and be under the age of 18 at the time that the naturalization petition was filed. You would also not likely be a citizen by virtue of being born out of wedlock and your biological father never legitimating you as the law from the time of your birth until you were 18 required that there be proof of your father’s physical residence in the U. S. or a U. S. possession or during military service for 10 years prior to your birth, 5 of which were after the age of 14, that he agree in writing to support you until the age of 18; and that paternity be established and he legitimate you, or acknowledge paternity, or have paternity established by court adjudication. 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

Hello, You did not provide any information about the reason why the consulate denied him entry if his I-601 application was approved. Why was he deported? Did he have a criminal conviction and if so, what type? It is a good idea to gather information about the deportation and denial and speak to an experienced immigration attorney in your local city so that they can give you specific advice about your particular case. This is too important to rely on general information from the internet. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer

Yes, your best option would be VAWA. It may also depend on how you entered the US when you were 12. Your child can come under VAWA because you were married before the child was 18. You would need proof of the abuse also (physical or mental). Let me know if you need more information or assistance. ... Read Answer

You should speak with a qualified tax expert, such as a CPA, about filing an Amended Return to correct the error. With proof that your innocent mistake has been cured in this way, the USCIS should not deem the initial error to stand in the way of eligibility to become a Permanent Resident. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.... Read Answer

Since your brother is married and now has a one-year-old child, his case is automatically transferred from the F-1 to F-3 category for married sons and daughters of U. S. citizens. He gets to keep the old priority date. He should notify the National Visa Center of the changed conditions and ask to have his wife and child included in the F-3 application. Documents which are required are passport copies of wife and child, marriage certificate and proof of termination of all prior unions, and birth paper of the child. 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

Hello,   It is not too late. At the time of the interview, if your wife has not found a new job, you may submit the new Affidavit of Support from your mother in law. Good Luck.   Disclaimer: The information above is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific situation, please speak to your immigration lawyer.... Read Answer

Hello, Congratulations on your engagement. You could file for a fiancee visa, marry within 90 days of entering the U.S., and then file for your green card. If you hope to emigrate to the U.S. in 2017 you may want to start the process sometime in 2016. When you obtain the visa at the U.S. consulate you usually have up to 6  months to enter the U.S. If it is shorter, you would be able to know by looking at the visa in your passport. I have clients who have been able to do this successfully so I know it can be done with careful planning. It may be a good idea for you to speak to an attorney in your local city so that they can give you an idea of the visa processing timeframe and that may help you plan. Good Luck.  ... Read Answer

The federal government recognizes that a wife can take the last name of her husband and the marriage certificate is a sufficient document for that purpose. She can take the documents to whichever agency that she wants notified of the name change in order that such can be registered. Each agency may have its own procedures as to what paperwork it needs filled out. 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