Michigan Immigration Legal Questions

Waiting period for visas in the F4 category for Filipino citizens is about 23 years. By way of comparison, petitions in the F4 visa category for Filipinos that is now current were filed in 1990. If you filed this petition in 2004, your relative has several more years to wait for his petition to become current. There may be other immigration options under which your brother may come to the US in a much faster time frame. But you need to consult with an experienced immigration attorney.... Read Answer

It will take 1-2 years for the approval. However, they are currently processing for an immigration visa beneficiaries whose visa petition was filed on or before April 22, 1990. As such, your brother and his family would be waiting a long time, perhaps 24 years or more, until he and his family could immigrate to the United States. Any children included in the petition would likely turn 21 and age out of the petition.... Read Answer

As this is a site for US immigration problems, and I am not expert in Canadian law, I can only tell you that there is no problem with dual citizenship between the US and Canada and that your fiancé will not have his US citizenship endangered by becoming a permanent resident of Canada. Generally speaking, people usually have a marriage license before getting married in the church and the church official is usually responsible for signing off as the wedding official and sending the papers to the state in order for a person to obtain official registration of the marriage.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

U.S.C.I.S. recognizes the fact that you can use a spouse’s last name once you marry. That being said, your H-1B approval most likely has the name that you are now using. If you wish the approval sheet to be changed, you would likely have to go through the H-1B amendment process. On the I-140 petition, your employer can attempt to explain to U.S.C.I.S. that you are now married and wish to use your spouse’s last name so that the I-140 petition reflects your desired name. When you file for your I-485 adjustment of status application if adjusting in the U. S. or DS – 260 if consular processing your immigrant visa, you can put in the new name, and your green card will then be spelled in the way that you wish. 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, the concurrent filing of I-130 and i-485 can only be done for someone who is already in the US. If your parents are abroad, you will need to first file the I-130 petitions and then they will have to go through consular processing at the US Embassy/Consulate in their home country when the I-130 petitions are approved.... Read Answer

If you are eligible to adjust status based on marriage to a US citizen, you should go ahead and file your green card applications with CIS, and I see no reason to wait for CIS' decision on your request for reinstatement of F-1 status. Even if CIS' decides to reinstate you, it is still short of the green card status, which you may be qualified for. You must also note that if it denies your request to reinstate, DHS, may thereafter start your removal proceedings. I only believe that you appear to be qualified for green card and I do not know if it will in fact be granted and so, you need to know that there are too many issues involved in the green card process and those issues are not and cannot be dealt with in any particular detail in this forum. And so, realizing that not every one who applies for green card succeeds, I must advise you to hire an experienced immigration attorney.... Read Answer