Missouri Immigration Legal Questions

If they are already in the US on a tourist visa, you may file a concurrent I-130/I-485 application to adjust status to permanent resident for each of them. You must be aware of immigrant intent issues if they entered on a B2 visa, and strongly advise to consult an immigration lawyer prior to filing their case. If they are in Turkey, although a longer process, you should begin consular processing their immigrant visa at the US Consulate in Ankara or Istanbul. It would be misrepresentation if they entered the U.S. on a visitors visa with the intent of filing a permanent residence (green card) application.... Read More

Hello. If your fiance did not hold a J1 visa with a 2 year home residency requirement, it may be possible. However, you MUST get this filed in 1 week. The category for marriage to a Lawful Resident (green card) is current for the month of September. Thus, he can file for his green card now. However, it will get backlogged and delayed. If the case is filed in September, he can stay while it is pending and get the right to work and travel in 3 months. Although you have 7 days, our office could file and get it done if this is possible on your end. You can call or email to help if you wish: 858-874-0711    harun@ksvisalaw.com... Read More

If your sister obtains a nonimmigrant visa tomorrow in Mexico, and it is a B-1 business or B-2 visitor's visa, she can enter the US immediately. If F-1 student, she can only enter within the period of time of 30 days prior to the beginning of schooling. If H-1B, she is allowed entry within the 10 day period prior to the beginning of the H-1B working period.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 More

Generally speaking, if you obtained a B1 or B2 business or a visitors visa,you should be able to leave your home country as soon as you obtain your nonimmigrant visa as long as you have satisfied the exit requirements of your country. However, some visas like F1 student or H-1B specialized worker have restrictions on how soon in advance of study or work you can enter the country.  If by some chance you were inexact in your question, and actually meant when could you leave the US after obtaining a change of status, you can leave immediately.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 More

Hello. I would be happy to help. Denied Tourist Visa applications do not necessarily mean the fiance visa will be denied. However, it may affect it based on what was provided or said during their interview. Feel free to call or email with more details about your fiance. 858-874-0711    harun@ksvisalaw.com... Read More

Unless you have committed crimes, the Department of Homeland Security is not interested in your houses, cars and money. You can give all your belongings to your son by giving him or someone else a power of attorney to dispose of your property and assets if you wish. 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 More

Generally speaking, if you are not a US citizen by birth, you would have to be a permanent resident for five years, spend most of the time (over half) during that period of residency in the country, and not be excludable or deportable for any of the reasons as outlined by the form N- 400 questions in Part 10. If you are married to a US citizen and living together for three years, you can also apply for naturalization in three years after obtaining conditional or permanent residentce provided your US citizen spouse has held US citizenship for the three years. 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 More

As there was an H-1B lottery this year, the question would be whether you were selected as a positive response would make the actions of the DSO moot. If selected, you are allowed to work under H-1B cap-gap regulations until October 1, 2013, unless the adjudication is unfavorable. If you are selected, USCIS would probably take its time in making an adjudication. If it had a question concerning the petition, it would generally request further information which would put the date past any extension date on your CPT. The difficulty would be if you were not selected. In that case, you would probably have known prior to the CPT expiration date and could have informed the DSO who could then have reconsidered her decision. 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 the 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 More

Generally speaking, the period of time between filing and adjustment of status interview at a local USCIS field office is approximately 6 months nationwide. If your boyfriend's OPT status exceeds six months past the date of filing, he will likely be okay working-wise as long as the case is approved on the date of interview. USCIS also offers employment authorization on the basis of a pending adjustment of status application to those who make application for it. Such employment authorization application on form I-765 is usually filed at the time of the rest of the I-485 adjustment of status application paperwork. That work permission normally comes within 90 days. Such document may prove especially beneficial if the case is not approved at interview since it then usually becomes difficult to know how long US CIS will take to adjudicate the case unless the immigration examiner is forthcoming with such information. Applying for employment permission at that time would take another approximate 90 days. I do note that in a marriage-based adjustment of status application case involving a US citizen petitioner, illegal employment is not a bar to approval. 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 More

First of all, ask yourself if you think this is a good lawyer and do you think that you can work with him? Also, I recommend doing a 2nd or even 3rd consultation with other attorneys. It is worth the money! Third, find online sources for this attorney's work. See if any disciplinary actions are on file with the state board of professional responsibility where this attorney is licensed.... Read More

Hello, Since your daughter is serving a two year sentence and she has legal permanent residency or a green card, she is at serious risk of deportation after she finishes her sentence. This is because the USCIS will very likely put her into removal proceedings at the end of the two year period to deport her. You should consult with an experienced immigration attorney in your city and take the certified court transcript of her conviction along with information about her immigration history with you so that you can determine your best option. You may want to do this before she completes her sentence. 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... Read More

Hello, Yes, it is possible to have dual citizenship as the U.S. permits this. You can visit the U.S. as freely as you wish as a US. citizen even if you live abroad permanently. To find out about how to obtain Nigerian residency and citizenship you should contact the Nigerian Embassy in Washington D.C. or Atlanta. There are also customs and immigration offices in Nigeria that you would be able to visit for further information when you arrive there.  Disclaimer and Notes: This information is of a general nature and not,nor is it intended to be legal advice. For legal advice about your specific situation, you should consult with an immigration attorney.    ... Read More

You did not mention if you are already a permanent resident or not.  You must be a permanent resident of the U.S. for three years, if married to a U.S. citizen, before you can apply for U.S. citizenship.  This process can be completed without a lawyer, but I strongly recommend that consult a local immigration attorney before you begin this process.  You can also find more information on the USCIS website: www.uscis.gov  Good luck, Mark... Read More