Nevada Immigration Legal Questions

All immigration questions are complex, fact-intensive and no definite answer can be given without meeting you in person and going over all of your life history and documents. A competent immigration attorney can help you apply for the relief you qualify for under the law and make sure your USCIS applications are the right forms done the right way.... Read Answer

Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Your engagement in my opinion will make your petition stronger. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.... Read Answer

At the time you need to show support (affidavit of support) you will need to either have sufficient income and/or assets or have a joint sponsor to sign the affidavit of support on your parents' behalf. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

You cannot petition for him as your fianc? if you are only a permanent resident. Only US citizens are able to petition for fianc?. You can get married, however, and petition for him as your spouse. Employment-based process for a physical therapist will be significantly faster than a family-based petition for a citizen of Philippines, however. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

Yes, that would be your legal name now, that you are married. You only need to show your green card with the new name and your marriage certificate, if you need to prove it. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

Why was their case denied? They were not supposed to leave the US if their case was filed under 245i. They would not be eligible for adjustment of status now if they left the US and reentered. Only if they can prove that they entered the US lawfully in 2008 (it is doubtful that it was really lawful with that AP document since they were not supposed to use it) can they apply for LPR status through you now. Be very careful, however, because the whole thing is likely to come up and they can be subject to removal. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

She can travel, but essentially she would be abandoning the extension petition that was submitted since she does not need that for the visa stamping. Only your H-1B extension needs to be approved for her to apply for a new H-4 visa abroad. Also, she would not be able to return until she gets the new H-4 visa and that can only happen once your H-1B is approved. Depending on how long she plans to be in India and when the H-1B would be approved would determine when she might reasonably be able to return to the US.... Read Answer

Your cousin needs to apply for a visitor's visa by showing that he does not intend to immigrate to the US and that he has strong ties to his home country by showing proof of school, work, family, finances, etc. Realistically, it will probably be fairly difficult for a 18-year old from Afghanistan to show that there is something really keeping him back in Afghanistan these days.... Read Answer

Sorry to disappoint you, but nothing in the immigration law and practice is ever easy or quick. You did not say whether your father is in the U.S. or abroad. So lets look at both possibilities. Assuming that your father is abroad, I have to say that, if you are your father's only blood relative in the U.S., and there is no company that would sponsor him for a green card, than you both have a long wait ahead of you. You have to be 21 to file a petition for your father. The petition now takes from 7 months to a year to get approved. Then the case goes to the National Visa Center and to the U.S. embassy in the country where your father lives. All this now takes, depending on the country, about a year (no one can say how long this process will be taking 8 years from now). If your father is in the U.S. and entered legally, it is almost the same story - wait until you are 21, and file the petition. The difference is that, with your petition, your father would file an application for a green card, and the entire process would be done in the U.S., without going to an interview at the U.S. embassy in your father's native country. If your father is in the U.S. and illegal, it is possible that he might obtain legal status if it can be proven to the Immigration Court that his deportation would cause "exceptional and extremely unusual hardship" to his U.S. citizen or permanent resident wife, child, or parent. This is not an easy thing to do, and all the circumstances of the case have to be carefully analyzed by an immigration attorney in a personal, confidential consultation.... Read Answer