Michigan Immigration Legal Questions

The H1b visa has "dual intent". This means you can have the temporary intent to resume work for your employer and have permanent intent to want to stay in the US as a Resident/green card. Thus, they should not cancel your H1b.  Since you are single, it should be fine. You may want to do your own search of marital records in your city and provide proof that you are not married if they ask about that. This of course, will depend on where you live. Good Luck!... Read Answer

Under present U.S.C.I.S. guidelines, a move such as yours means amending the LCA and H-1B petition. When you are filing an H-1B amendment, you can also file for an extension of 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

Hello, You can return to the U.S. but first you would need to go to the consulate to apply for a F-1 student visa and get permission to return to the U.S after deportation. 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

Hi. You cannot get a new certificate with a new name. You may replace a lost certificate. See form N565. http://www.uscis.gov/n-565 However, if you want a new passport with a new name, you can apply for a passport with your current passport (or the certificate). You need to go to Social Security, get a new card with your new name (marriage certificate). It will be the same SSN, but different name and then, you can apply for the passport. Good Luck!... Read Answer

The question “Do you seek to enter the United States for the purpose of performing skilled or unskilled labor but have not yet been certified by the Department of Labor?” has no applicability to family-based cases, and the answer is “no”. To the 2nd question of whether your husband will have to show proof of the organization if he belongs to, contributes to or works for any professional, social, or charitable organization, he might only have to show proof if it was an organization of concern to the United States government. Otherwise belonging to a club or union or church, etc., would not require a showing of any proof of what the organization was about. 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 your husband holds US citizenship or lawful permanent residence in the US, he might be the qualifying relative for purposes of a waiver of the 10 year bar if you are thinking of immigrating to the US. Otherwise to come back as a student for a Masters, you would apply for the F-1 visa at the American Consulate and it would be refused. The consular officer could then decide whether to recommend a waiver of the bar to the Admissibility Review Office (ARO) of DHS. If agreeable, a waiver would be issued and you would be allowed to enter the US with the student visa. Factors that are taken into account for waiver purposes are the purpose of the trip including necessity for or urgency of, any extenuating circumstances, the seriousness of the violation, and whether the entry would endanger public safety or national 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

I do not believe that there is anything in the law that says that a person on a J-1 visa cannot accept a loan. I assume that if the lender is willing to give the loan, it would be all right for you to accept it. I do note that it is usually difficult for persons on nonimmigrant visas to obtain loans since they are by definition not staying in the 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

You are supposed to register by the age of 26 unless you were in the U. S. on a nonimmigrant basis. If not, you should wait until you turn the age of 31 before applying for citizenship as that would usually make the process smoother for a person in that situation. There may be a question of your good moral character associated with non-registration under selective service. The period of good moral character is 5 years, and so an individual who is 31 and who has no other bad marks against him in the past 5 years will have satisfied the requirement of good moral character for naturalization.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

Most likely, your sister will only be able to immigrate herself and her youngest child who is under the age of 21. That is because the relevant time to look at age for a child is generally at the time of entry into the United States. There is an exception under the Child Status Protection Act under which a child's age becomes frozen at the time that the priority date becomes current, and credit can be given for the period of time that the I-130 petition pended at Immigration before approval. If you use those points to calculate and the other children's ages are less than 21 when the priority date is current, the child or children could still apply to immigrate with your sister.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 have to be at least 21 years of age in order to be able to petition your parents and your brother and his family. Each parent needs his/her own petition filed on his/her behalf. For your brother and his family only one petition is necessary as his dependents will be included. For your parents' process, it will take about 1 year; for your brother and his family the process will take about 10-12 years because it is not an immediate relative petition.... Read Answer

You should first determine if the child has a claim to US citizenship as an I-130 will be denied if such a claim potentially exists. It depends on how long you have lived in the US. If a claim exists, then you should submit a US passport application on your child's behalf at the US Consulate. You will also need to file a Consular Report of Birth Abroad. If there is no claim, then you can proceed with the I-130. You will need to include your proof of US citizenship, your marriage certificate, and the child's birth certificate with translation, if necessary. Normally, that is enough to get an I-130 approved.... Read Answer

A person who entered the country without inspection is not allowed to adjust status unless he or she has the benefit of §245 (i), under which the individual has a labor certification application or immigrant visa petition filed by April 30, 2001 and has been physically present in the country on December 21, 2000. Lacking that, you could attempt to obtain an advance parole with your DACA status to make another entry which will hopefully allow U.S.C.I.S. to consider you as no longer an illegal entrant. Such advance parole can be approved for schooling or business related reasons or emergent circumstances. Another option could possibly be your wife applying for you under the I-601A program under which you would interview overseas, but could file a waiver of the 10 year bar for being in the country illegally for over one year and have an adjudication of such made while you are still here. The waiver would be based upon establishing extreme hardship to your wife if you cannot obtain residence status.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 - I would recommend contacting your local Catholic Charities Immigration Program. They may be able to help... Daniel Shanfield http://www.immigration-defense.com/ This information is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. Each case is different, and the information provided herein does not constitute a prediction or guarantee of success or failure in any other case. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.  ... Read Answer