Missouri Immigration Legal Questions

if your wife is a US citizen, she can sponsor her own daughter as an immediate relative if she is under 21. If the daughter is over 21, then she would fall into a preference category and she would be able to get a visa when her priority date becomes current. So she should start that process now. There is no category for a US citizen to sponsor their granddaughter. As far as the sibling is concerned your US citizen wife can file an I 130 but the wait time is going to be about 15 years before a visa is available.    ... Read Answer

If you have been deported, you cannot return to the US unless you have advance permission from USCIS to return or you have served out the period of time required by law for your deportation. That applies for any type of visa, including F-1. If you believe that you have a sympathetic case, you can apply for the F-1 and upon being refused, ask the consular officer to recommend to DHS that you be given a temporary waiver to enter the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

The porting form, I-485J, has no requirement that the employer be on E-Verify. The employer must be bona fide and have the wherewithal to take on your employment. Also, the position must be in the same or similar occupation with your sponsoring employer as outlined in the labor certification. Whether you are in the EB-3 unskilled category or any other employment based category, the rules of porting are the same. Kindly note that porting is available where the I-140 has been approved, an I-485 has already been filed, and the I-485 has been pending 180 days. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 quite understand your stating that you were on a temporary work permit in 2015 through migration. F-1 student status would not bar you from returning to the US as long as you did not receive revocation or denial of such status or were not the subject of removal proceedings with unfavorable results. But if you changed to some other nonimmigrant status or attempted to obtain an extension or change that was denied, you would likely be subject to the 3/10 year bars for having overstayed in the US. If your overstay was over 180 days, you would be subject to a three year bar on entry. If the overstay was one year or more, you would incur a 10 year bar. You may be able to obtain a waiver for nonimmigrant purposes, but for that to occur, you would have to apply for a visa, have it denied, have the consulate agree to recommend a waiver, and have the Admissibility Review Office in the US approve it before you could return. In the event that you are not barred, you would have to apply for and receive a F-1 visa from the American consulate or embassy. The issuance of such is within the discretion of a consular officer who will have to consider the effect of your previous day on the question of your ability to demonstrate nonimmigrant intent, which is necessary for the approval of a F-1 visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

USCIS does not at this time request H-1B applicants to undergo fingerprinting or answer questions concerning crime on the petition forms and so there is a good chance that the shoplifting charge will have no effect upon your eligibility for the H-1B if you will be applying for a change of status. I note, however, that if you go outside the US for a visa from an American consular post, you will have to disclose whether you have ever been arrested and undergo fingerprinting. At such time, the shoplifting case may be a subject of discussion with the consular officer. Generally speaking, shoplifting such a small amount would not be a ground of inadmissibility, but note that all nonimmigrant visas have a measure of discretion in whether they are issued or not and consular officers have been known to delay adjudications for a long time where crimes are involved. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

While one cannot discount Customs and Border Protection inspectors looking with interest in any arrest, the fact that your case was never filed with the court is very favorable towards allowing you reentry into the States. Kindly note that an admission of guilt to an immigration inspector has the same effect as a conviction when you are trying to be admitted as a nonimmigrant to the country. If the arrest was for an excludable act, and it was admitted, then you would have difficulties. You may wish to bring a copy of the proof that the case was never filed to court in the event that there are questions. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

As you know, TPS is individual, and every TPS holder must qualify. If your wife is here, perhaps her F-1 schooling can be extended or she can transfer to another school, or she can become eligible for some other type of working visa or longer duration visa. As you are a TPS holder and presumably have employment authorization, you may be able to support her financially past her 32 week intensive English course. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 may be able to withdraw your husband’s co-sponsorship by communicating with the agency which is holding your sibling’s application at this time. I do note, however, that the NVC and consulates are sometimes reluctant to continue processing cases where a spouse does not put in the I-864 A form. This may be because the agencies want to see more of a level of support, want to see the whole picture of the petitioner’s ability to support, because there are mixed assets belonging to both parties, or for other reasons. So you can make the request, but there may be some resistance. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

So a United States citizen can sponsor a foreign national for a fiancée visa, but they need to physically meet that person within two years from the date that they apply for the visa. Once the visa is issued, she can travel to the United States, and must marry the US citizen within 90 days of arrival. After that she can adjust status to get her green card. This is the most common route that most couples take in order to gain lawful status for the foreign national. She could also file to get a visitors visa at the US consulate in Peru, but those are hard to get unless she can claim that she has a very good job, and she owns real estate that would motivate her to return to her country.  ... Read Answer

It is highly doubtful that you will have the green card reinstated given the circumstances that you have described. An adjudicator may point out the same thing that you did in your fact situation that you could have applied for an SB-1 visa to return to the US as a permanent resident. 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 it may affect your case. The new regulations require that the intending immigrant demonstrate financial self sufficiency. If you are her sponsor and are bankrupt then the case would be negatively impacted. You may enlist a joint sponsor but under the new rules that will not rescue the case. Consider working with an attorney to represent you from start to finish. Some of us charge a very affordable flat fee. Good luck.... Read Answer

Under the circumstances that you describe, your brother's family will not be allowed to immigrate to the US on the basis of the I-130 for your deceased brother. That is because the relationship is between you and your brother, and the family members are only dependents. I do not know of any exception where the beneficiary's family is overseas. Perhaps his wife could be sponsored under an employment visa if she has skills that are needed in the States. 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 should retain counsel to handle all steps from A to Z so that your case is processed without any problems. These cases take up to a year and longer and there are many steps along the way. Once counsel is retained, a G-28 notice of appearance is filed with the case and all notices will be sent to your attorney. Counsel anywhere in the USA can handle your case.... Read Answer

If you are a US citizen, you can sponsor him immediately. He could either process at the consulate in India or you could sponsor him for his fiancé visa. Both paths are taking about the same time so either alternative would be viable. A fiancé visa may take less time so I would recommend that path. You can retain counsel in any state to represent you. Good luck.... Read Answer

May be a little touchy. You dont want to open the door unnecessarily, but you do need to proceed with extreme caution.  You may start by calling the non profit, and asking if they receive government funding.  If they do or dont, you would want some type of written affirmation, or published document of that answer. If they dont receive government funding, and you are able to get such in writing, I would still have an immigration attorney look over the written affirmation, as well as prepare your amended I- 485 if advised to still file it. If the agency is receiving government funds, it would be a decision that more likely than not, you would need to file an addendum.  In either case, because of the seriousness of the consequences, immigration legal counsel would be suggested.  ... Read Answer

You should understand that once the K-1 visa is approved and your fiancé comes to the US, you are given 90 days to marry. Therefore your statement that you "intend to marry someday" is not appropriate. Other than that, you would have to show U.S.C.I.S. proof of your bona fide relationship and having met within the past two years when filing the I-129F form. The question of a cosponsor may come up at the time that he is interviewed at the American consulate or embassy and the co-sponsor should provide the I-134 affidavit of support with job letter, banking statements, proof of recent pay, and at least the last year's tax return.  Once your fiance enters the U.S., and you are both married, he can file for an adjustment of status to permanent residence on form I-485 and at the same time request work authorization on form I-765. 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 I-94 expiration date was March 12 and your employer applied for your eighth year extension on March 9 and the H-1B petition was properly receipted by the expiration date, the extension petition would be legal as long as the I-140 or labor certification application has been pending 365 days. In point of fact, most immigration practitioners including me would argue that you have a 10 day grace period from the ending of your H-1B status in which the petition extension could be filed. I do not quite understand the concern unless there are other factors in your H-1B extension petition which have not been explained.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

The law does not give extra time for a dependent to leave the country upon the dissolution of a marriage. Perhaps advance planning such as requesting a change of status to B-2 visitor to obtain the additional time that you require to leave the country would be in order. In addition, although U.S.C.I.S. does not provide an additional period of time automatically, most U. S. consuls and embassies are not apt to penalize an individual applying for a new U. S. visa if the person leaves the U. S. within a fairly short amount of time after the status is over. 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. Yes, you can marry now and apply later. You will have to maintain your F1 status to be safe. We have handled many similar cases and several LGBT cases. We also can process out of state. Let me know if you would like to schedule a more detailed phone call. 858-874-0711.  harun@ksvisalaw.com ... Read Answer