Missouri Immigration Legal Questions

Hello, The processing time for a Motion to Reopen (MTR) will vary according to the type of case as this will determine the USCIS unit that will review the Motion. Another major factor that will affect the processing timeframe will be the number of cases that the USCIS unit which has the MTR has in the pipeline. If they have a backlog then the motion may exceed the regular processing times. The complexity of the case should not really affect the processing times.   Notes: This information is of a general nature and is not, nor is it intended to be legal advice. You should consult with an immigration attorney for specific advice for your case.... Read Answer

Hello,  Generally, you would need to marry first before you file for your residency based on marriage, therefore you may want to move up your wedding date and file in a timely manner if you need to start work as soon as possible. To find out the current processing timelines for permanent residency in Canada, and for specific information regarding the procedures, you should consult with an immigration attorney that specializes in Canadian immigration law to discuss your case and your arrival date. Notes: The information here is of a general information and is not legal advice. You should consult with an immigration attorney for legal advice for specific needs. ... Read Answer

Traveling directly to and directly from Alaska should not be seen as departing the U.S.  You should not need a new visa to travel to Alaska if you never depart the U.S. If you do end up in Canada, you may be able to use automatic visa revalidation to return.    In general, automatic visa revalidation applies when: (i) You are in possession of a valid Form I-94, Arrival-Departure Record, endorsed by DHS to show an unexpired period of initial admission or extension of stay; (ii) You are traveling to canada ro mexico for less than 30 days; (iii) You have properly maintained nonimmigrant status and intend to resume nonimmigrant status; (iv) You are applying for readmission within the authorized period of initial admission or extension of stay on your I-94; (v) You are in possession of a valid passport; (vi) You do not require a non-immigrant waiver; (vii) You have not applied for a new visa while in Canada or Mexico. ****  Some nationals do not qualify for automatic visa revalidation.  These provisions do not apply to the nationals of countries identified as supporting terrorism in the Department's annual report to Congress entitled Patterns of Global Terrorism. *** Automatic visa revalidation can still apply even if you have changed status from within the U.S. since your last entry.  In cases where the original nonimmigrant classification of an alien has been changed by DHS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read Answer

In general, obtaining an approved SB-1 returning resident visa is very difficult.  In my experience, they do not have a high approval rate and the burden is on you to prove that your prolonged stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.) If your husband returned to the U.S. and you stayed in Italy, it may be tough to prove why you could not return to the U.S. as well. You may find info at: http://travel.state.gov/visa/immigrants/info/info_1333.html Overall, I think the SB-1 visa may be tough in your case.  Every case is different though and you may want to have your very specific facts reviewed by an attorney. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

The general rule is that you are able to travel outside the United States and reenter the United States using your expired green card and your original I-751 Receipt Notice.  As you correctly noted, your I-751 Receipt Notice itself states that "Your conditional resident status is extended for a period of one year.  During the one-year extension, you are authorized employment and travel."  As long as you continue to receive and respond to communications from USCIS regarding your I-751 (i.e. biometrics appointment, Request for Evidence, interview notice), travel abroad should not be a problem. Be sure to track processing times for your pending I-751 and place an inquiry with USCIS if it exceeds that time.  As of July 2011, both the Vermont Service Center (EAC) and the California Service Center (WAC) report processing times of 6 months for these types of petitions.  Thank you. Nisha V. Fontaine, Esq.* Serotte Reich Wilson, LLP. 300 Delaware Avenue Buffalo, NY 14202 Ph:    716-854-7525 Fax:   716-854-0294   Nfontaine@srwlawyers.com... Read Answer