Minnesota Immigration Legal Questions

For the person who works, unauthorized employment is grounds for removal. For an employer who hires an unauthorized immigrant to work, there are liabilities of fines and in the most egregious cases, imprisonment. 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.   sions of legal consequence.  ... Read Answer

I do not understand why your mother would lie about not having children. It will likely be difficult for her to petition for her daughter given she claimed no children. She will likely need to thoroughly establish her daughter is in fact her daughter. In addition, she could face inquiries from immigration for misrepresenting herself. This is a serious matter. She needs to discuss what happened in more detail with an attorney.... Read Answer

You will change your surname through marriage. The change of name is typically noted on the marriage certificate. You will complete the immigration forms indicating your new legal name. You will disclose all previous names used. USCIS will realize your name changed through marriage. You can find more information on family-based immigration at http://myattorneyusa.com/family-immigration.   You do not need to change your name in South Africa first but of course may do so. You would need contact the appropriate government agencies to find out the process.... Read Answer

You do not appear eligible for employment authorization. You cannot seek adjustment of status in the United States until a visa is available to you. The spouse of a permanent resident must wait for a visa as they are not considered an immediate relative for purposes of immigration law. Employment authorization is a derivative benefit of a pending application for adjustment of status. You also are not eligible to adjust status based upon marriage to a lawful permanent resident even if a visa is available if you failed to maintain lawful nonimmigrant status. This requirement is excused for spouses of United States citizens.... Read Answer

You do not need to send anything. Your friend will need to apply for a tourist visa by completing a DS-160. After completing the online application, your friend would attend an interview. Your friend wil need to document the purpose of his/her trip and his/her ties to the Philippines. Your friend can choose to work with an attorney if they wish.... Read Answer

You have not provided any information that you are eligible for a green card. To obtain a green card, you need to be the beneficiary of an approved immigrant visa petition. An immigrant visa petition is typically filed by a family member or employer. Assuming you have not maintained nonimmigrant status through your entire stay and may have accrued sufficient unlawful presence to trigger a bar to admission, you would only be able to receive a green card through marriage to a United Stares citizen while remaining in the country. Other avenues would require you to depart the United States and may also require a waiver. You can read more about green cards by clicking on family-based or employment-based immigration at www.myattorneyusa.com.... Read Answer

U. S. marriage documents should be sufficient in your case to show proof of marriage for L-2 approval with U.S.C.I.S. Under your plan, you would be making an application from L-1 to L-2 change of status. In our experience, the EAD can be approved approximately at the same time as the L-2 approval, but of course will not be approved until the principal application, the L-2, is approved. Your other question of whether you can travel to a neighboring country and asked for L-2 stamping on return to the U. S. could be made more complicated by the fact that it is a third country consulate and by extended questioning on the bona fides of your marriage and would not be recommended. 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 file the L-2 extension request with the EAD application and hopefully USCIS will take care of both filings in short order.  If you decide to leave the country instead, you would probably want to travel outside the U. S. to places other than Mexico or Canada to ensure that your new entry is recognized on the CBP system. 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 sponsor her green card after you naturalize. That will be faster than filing while only having a green card. She can process in the US or abroad and that will depend on her intent and your specific circumstances. I would need more information, so please email if you have more details or plans. Harun@ksvisalaw.com ... Read Answer

I assume that your husband is either a U. S. citizen or permanent resident and is thinking of petitioning for you for the green card. If that is the case, the question of a passport in your maiden or married name is not important to the petition. You can use your married name on immigration papers for the green card even though the passport is in your maiden name. There is no need to renew your passport before he petitions for you. The student visa would remain valid under your maiden name even though you are married. You can always show your marriage certificate for the married name.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 allowed to apply for political asylum. The one year rule does not apply to you as you are a student, and I assume that you are maintaining F-1 status. Whether you have a good chance of obtaining it depends upon the facts of your case. There is much strife going on in the world today, and the U. S. does not wish to be inundated with the suffering multitudes of all different countries. U. S. immigration law allows asylum to be granted to those who can show that they have been persecuted or have a well-founded fear of persecution on account of race, nationality, social group, political opinion, or religion. 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

Yes, he can process in the US, if you come with the intent of a tourist. If he entered with preconceived intent to file for the green card, he may be refused entry or ultimately denied based on your fraudulent entry. Therefore, you must handle your process carefully and within the bounds of discretion. In addition, since he proposed after he was here, it should be ok. I would be happy to help or consult on the matter. ... Read Answer

Hello, Although some petitions filed by U.S. citizens on behalf of their parents are approved without an interview, it is always a good idea for the petitioner to be ready to attend the interview with their parent in case the Immigration officer wants to ask them a few questions. Good luck.   Disclaimer: this information is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific situation please consult with your local immigration lawyer.... Read Answer

Assuming that the child is not a U. S. citizen or permanent resident and qualifies as an orphan by reason of death, disappearance, abandonment and/or desertion, separation, or loss of both parents and is under the age of 16, you can attempt to adopt him and bring him to the U. S. as an orphan child. Procedures may differ whether the child’s country is a signatory to the Hague Convention, but the basic process is adoption and a homestudy to determine whether the home environment will be conducive to the child. For non-Hague convention countries, an I- 600 orphan petition can be filed. For Hague country signatories, forms I-800 and I-800A can be filed. 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 have another chance at the time of interview to inform the immigration examiner of the 2 tickets and the on-call job that you have on the side. U.S.C.I.S. will not have looked at your application seriously until the time of interview. Most U.S.C.I.S. officers would not put a case on hold just because an applicant did not put everything down on the application as long as the individual brings it up timely on the date of interview. I suggest that you obtain the dispositions of the 2 tickets along with any receipts to show that they were paid and also bring the tax returns that would show that wages were declared for your on-call job.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.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. The green card is produced with a start date on the day he arrives in the US. Thus, if he arrives before the anniversary, it will be 2 years. His actual immigrant visa he gets in the passport should be good for several months and thus, he can delay his arrival to pass the 2nd anniversary. Good Luck!... Read Answer

If you have been together for 2 1/2 years, it would be very difficult to say that she has committed fraud in marrying you. It is clear from your question that she is residing with you. Her conditions of giving you an ultimatum on your daughter and now your son are not indications of fraud. Under the situation that you describe, your wife may very well be able to obtain a waiver on the basis that she has had a bona fide marriage prior to a divorce.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