Mississippi Immigration Legal Questions

After you have married your US citizen girlfriend, she can petition for you on form I-130 and you can apply for adjustment of status concurrently on form I-485 with USCIS. You do not need to return home to apply for a fiancee visa. If your application is approved, you will be granted residency status and can stay in the US legally. It's currently taking USCIS about 4-6 months to process the application before calling you and your future wife in for an interview.... Read More

You could adjust status to permanent resident based on marriage to a US citizen, and remain in the United States while your application is being processed. A fiance visa is not needed in your case, but I would consult with an immigration lawyer before filing the petition to make sure you don't have any other ineligibly issues.... Read More

I am sorry but it is exceedingly difficult for a person who has been deported twice to return to the US. At a bare minimum, at least 20 years must pass before such person's return to this country is possible. The 20 year bar is counted starting from the date of the last deportation. Also, if your mother again attempts to return to the US, the 20 year bar clock is stopped and restarts again when she is deported again,... Read More

In response to the question on any government form , your primary duty is to be honest In this instance, if the father of the baby is an illegal person, you must still disclose his name as the father of the baby on the birth certificate. For the most part, this information is required by the hospital and or the state department of health where the baby is born. And this has nothing to do with the immigration authorities. Therefore, your disclosure will not expose the father to the Dept of Homeland Security. Next, regardless of the identity of the father, if you are qualified, you will still receive and as a child born in United States, your child is also entitled to governmental assistance, irrespective of the nationality of the parent.... Read More

Usually, the primary source of the record of birth should be in the hospital where the birth took place as well as the county clerks office in the county where the person was born. Your wife should first contact the hospital if known, next she may contact the county recorder's office in the county where the hospital is located with as much information about herself, her parents and actual or approximate date and place of birth. If it is not available in either of those places, she should contact California State Dept of Public Health and Vital Records in Sacramento.... Read More

You should apply for a Form I-130 Reentry permit before you leave the US if you wish to be away from this country for an extended period of time. If your reentry application is approved, you can be away form the US for up to 2 years and safely return without losing your residence status. Please note that there a number of requirements for a Form I-131 reentry permit. So, you should consult with an attorney in detail if you wish to avail yourself of this alternative... Read More

The H1 visa you are referring to is most probably the H-1B visa which is available to those foreigners coming temporarily to the US to perform a specialty occupation (medicine and health, education, business specialties, accounting, law, mathematics, theology, social sciences, architecture, engineering). Applicants must have a minimum of a US bachelor's degree or its equivalent. The H-1B visa is capped at 65,000 per year, therefore applicants are encouraged to file the 1st day filing is permitted, which is 4/1/2014 to commence employment not before 10/1/2014. "Premium Processing" on the other hand, is an expedited service for processing for certain employment-based petitions and applications, including the H-1B visa (it is not a "premium visa"). Applicants for Premium Processing pay the US Immigration & Citizenship Service an extra $1,000 to obtain a decision within 15 calendar days.... Read More

They can apply but it is best to wait until they have been in the US for at least 90 days since their last entry so that it does not look like misrepresentation of intent at the time of entry. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read More

As a school official, your better option is to direct your inquiry to USCIS regarding this student. But if the student involved has changed his status from F-1 to H-1B, then, he is no longer in F-1 from the date the change was effected by CIS. He is authorized to work legally in the US, but then only for the company that filed the H-1B petition for him. If this student was the principal of the F-1 visa, then, the F-2 visa for his spouse, his also terminated since the spouse' F-2 would also have been simultaneously changed from F-2 to H-4 dependent .... Read More

If she comes legally to the US and you want to marry her, you can, if you wish then file the paperwork for her to stay in the US.The procedure will take about 8 months and I suggest that you consult with an experienced lawyer. There are too many variables in the immigration process and you need to understand the implications... Read More