Minnesota Immigration Legal Questions

The question is whether U.S.C.I.S. will extend the Supreme Court’s ruling in the Windsor case to situations not involving a completed marriage act. U.S.C.I.S. may decide that it has no authority to approve a fiancé case involving lesbians at the moment. You may be better off at this stage going through a traditional marriage situation. If U.S.C.I.S. decides that it has the authority, a fiancé visa may be faster, but is not necessarily cheaper as the couple after marriage must put in additional paperwork and fees to U.S.C.I.S. to adjust the fiancé’s status to resident in the country. Normal K-1 fiancé processing usually takes 9 months for the fiancé to enter, and I-130 processing for an immigrant visa after marriage usually about a year. The K-1 fiancé adjustment of status process with U.S.C.I.S. after marriage takes approximately an additional  7 – 9 months. 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, I would recommend that you wait until you have completed your probation before applying.  You may want to consider waiting 5 years from the date of your conviction to apply so that there is no question about good moral character.  If you have mulitiple convictions, I highly recommend that you consult with an experienced immigration attorney in your area.  Some criminal convictions can prevent you from naturalizing and some convictions could result in you losing your green card. Good luck!... Read Answer

No, under the INA you are not eligible for naturalization while under a period of probation.  You'll need to wait until your probation is complete and then go to an experienced immigration attorney with your complete criminal records for analysis to determine if you are eligible for natz.  You should also not travel or renew your green card either until you've had your conviction analyzed for posssible deportation ramifications.... Read Answer

If your girlfriend is a US citizen, you can marry her at any time and then apply for permanent residency (and a work permit).  The work permit will usually be issued 60-90 days after filing.  I wouldn't recommend waiting until you hear about the H1B issue since the immigration service will call into question your motive for marrying if you do that.... Read Answer

You cannot do any work while in B1 status anyway so even if you could change to that status (what is your current status anyway) you would not be able to do the work that your employer wants you to do. The earliest start date of employment for a new H-1B visa is October 1, 2013 as that is when the new year's quota for H-1B visas becomes available.... Read Answer

It sounds as though she may be able to self-petition for a green card under VAWA, Violence Against Women Act.  Please have her contact an attorney to see if she qualifies. She may want to go to a Family Court's Facilitator's office to help her sort out the custody issues or a family law attorney, if she can afford one.        ... Read Answer

There would not appear to be any risk or legal consequences to you under the arrangement that you have described of an H-1B petitioner having mentioned the locations of service in the H-1B petition. As long as the second location was also disclosed in the labor condition application (LCA), the employer is allowed to send you to the second location.  ... Read Answer

There is no new waiver.  The regulation that will take effect March 4th merely allows someone already qualified for the unlawful presence waiver to apply for that waiver from here within the US.  You didn't indicate whether the person in question is in the US or not.  If they are, they could use the new process to apply for a provisional waiver from here in this country.  That person would still have to leave to process the waiver at a US consulate abroad.   The person would have to show extreme hardship to a US citizen spouse or child to qualify for the waiver.  As long as the border crossing attempts ending the person merely being turned back (and not arrested and excluded/removed) those incidents shouldn't affect the waiver process.... Read Answer

You can appeal the denial of the H-1B but unless you are in another US immigration status an appeal will not stay your accrual of unlawful status.  If it has not been 180 days since the H-1B was denied, you may want to discuss departing the US with your attorney in order to avoid an unlawful presence bar.... Read Answer

You are only responsible to cover what the state might pay out in benefits if the person becomes a public charge.  Since immigrants rarely go on the welfare rolls, it is unusual for a sponsor to have to pay anything.  It is more like an insurance policy and you are the underwriter.... Read Answer

A religious marriage in the U.S. is not recognized as a binding marriage unless it is registered with the state in which it was celebrated. The reason has to do with the sovereignty of the state over civil matters. The fact that there are children born of the marriage probably leaves no doubt of the bonafide character of the relationship, but does not cure the need for proper marriage. From our limited research, we are not aware that the state of Minnesota recognizes common law marriages. I suggest that if the man is a U.S. citizen, he apply for the woman under either K-1 fiancée visa or travel to Morocco to marry her and then petition for her permanent residence. If the man is a U.S. permanent resident, he can also petition for her after marriage, but would probably have to wait at least two years since the F-2A category for a spouse of a permanent resident is backlogged currently to June 1, 2010 (which means that only persons who were applied for before that date are being invited to final immigration interviews).... Read Answer

Hello. You may file for a work permit as a fiance. It will take 3 months. If you marry and file for your green card/adjustment of status, you may also file for a work permit. The filing costs of the work permit is included in the adjustment of status. Thus, the best thing is to marry and immediately file for your green card. Then, you will either get the green card or temporary work permit in 2.5 to 3 months. Let me know if you have any further questions. harun@ksvisalaw.com 858-874-0711  ... Read Answer

Hello,   Although your son is a minor, a drug conviction can have serious negative consequences on his immigration status, and there is a risk of deportation when a person with legal permanent residency has a drug conviction. In view of this, it is important that you contact an experienced immigration lawyer in your local city for advice specific to your son's case before the case is completed in the criminal courts. Good Luck. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen www.emenikelaw.com... Read Answer

If she entered without inspection (illegally) through the border she cannot adjust her status in the U.S. unless she is eligible for one of the exceptions. You should contact a good immigration lawyer to help you to understand if she is even eligible for this before you apply.   Karen Weinstock Siskind Susser P.C. 404-592-2085    ... Read Answer

Hello,   If you want to apply for asylum outside of the one year time frame and you have missed the deadline, you will need to take all the relevant paperwork such as documents that prove your case and consult with an experienced immigration attorney in your local area before you proceed. After a thorough case review, your attorney should be able to advise you whether you have a chance of a successful outcome. If you simply file your asylum case outside of the one year deadline, there is a very strong possibility that you may be put into removal proceedings which may lead to your deportation from the U.S. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read Answer

Hello, Since your father's application is under review by the CIS for possible fraud, you should contact an immigration attorney in your city to avoid denial due to a lack of proper preparation. You should take all the documents that prove that your parent and step mother were actually in a real marriage so that the lawyer can provide you with the best advice for your situation. Good luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen www.emenikelaw.com... Read Answer

When you say that your second H-1B expires on 04/13/2013, I presume you mean that your six years of H-1B eligibility will expire on that date as well.  In order to extend your H-1B status beyond six years, you need to apply for your green card (file PERM labor certification or I-140) one year before your sixth year expires.  In your case, you are already into your sixth year so that might be problematic. If you have traveled outside the U.S. since you obtained your H-1B status, the days that you were outside the U.S. do not count towards your six years of eligibility.  So, you may be able to recoup those days. In any event, you should start the process of obtaining a green card ASAP.  Depending on your education level and background, your employer may have to recruit for your position before filing the PERM application.  You should seek legal assistance from an experience immigration attorney who can review the specific facts of your case and advise you on the best strategy. Our office handles employment-based cases for clients throughout the U.S., including Minnesota. Good luck, Mark J. Curley Curley Immigration Law Office www.curleylawoffice.com... Read Answer

  Hello Savy,  For an idea of the current processing times for your visa, please visit the USCIS website at https://egov.uscis.gov/cris/processTimesDisplay.do. and click on the side bar link  "Processing times" . Good luck.  Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read Answer