New Hampshire Immigration Legal Questions

He needs a visitor visa and you cant sponsor him for that. He needs to convince the US Consulate that he has enough money to finance his trip and finance his expenses while in the US, and that he will return once his visit is complete. Evidence to proove that would be a bank savings account with sufficient assets, proof of a job and/or proof of property ownership, payroll receipts from his job, a letter from his employer, etc. Evidence that he has a girlfriend in the US would probobally hurt his chances, but if they ask him if he has a girlfriend here, he must tell the truth. ... Read Answer

Yes, the national visa center holds the case for processing, and the immigrant has to file the non-immigrant or immigrant visa application, pay the fees, and upload documents if necessary to the CEAC website. Once the file is ready to be sent to the US consulate overseas, the immigrant must schedule an interview, and also make an appointment for a medical examination. You should retain counsel to handle the case from start to finish. Some of us charge very affordable flat fee for marriage based green card cases and fiancé based visa cases. ... Read Answer

Whether your intended husband is able to obtain a green card and come to the US through your sponsorship after you are married depends upon his immigration and criminal history. He can obtain a copy of his immigration history through the Freedom of Information Act or a legal representative can do that for him. If he has a criminal history, he can obtain a copy of it through a legal representative. With the information, you and your intended husband can see whether there are any foreseeable obstacles to his immigration. If you have questions, you and he can engage an immigration lawyer to evaluate the materials.  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

In an EB-2 NIW case, USCIS may consider whether the applicant will be working in the field of national interest. If it becomes apparent prior to the approval of permanent residence that the applicant will not, that is grounds for USCIS to send a notice of intent to revoke the I-140 petition or to deny the adjustment of status or immigrant visa. If you have already attained your permanent residence, USCIS would probably not know about your change of field unless someone notifies the agency or it is disclosed if and when you apply for naturalization. Time may also play a hand in this if you have already attained permanent resident status and worked in the field of national interest for a period of time, e.g. six months after the grant. In such case, you would likely be seen to have shown the requisite intent to work in your field at the time you received your resident status. 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

An F-1 student is in violation of status when he or she no longer studies at the school. The DS-260 asks questions concerning violations of legal status in the country. You should report the situation of your F-1 visa. I note that although the Administration wishes to punish F-1 students for past transgressions, court orders have prevented the policy from being implemented. An F-1 student would not be barred for past illegality unless the individual was unlawfully present for 180 days (three-year bar) or one year (10 year bar) AND U.S.C.I.S. gave him or her a denial decision or there was a negative ruling by an immigration judge. 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

Being married twice previously to US citizens does not make you ineligble for a fiancee visa. The marriages will be an issue, especially if the prior husbands filed immigration paperwork for you in the past. Proof of the domestic violence causing the end of the relationships (and certified divorce certificates) will help with those issues. It might not be easy to get your case approved, but it should not be impossible.     All the best,  Randall... Read Answer

Permanent residents must make the United States the country of their permanent domicile. Under US immigration laws, green card holders should stay in the country for at least six months out of every year. A person who immigrates does not have to spend any time here before going home. The U.S. entry stamp on the passport will allow the individual to travel in and out of the United States until the green card arrives. However, it should be noted that in a marriage case, it would be very suspicious to Immigration if the alien was to travel back and spend much time in the home country without the US citizen spouse. Such could cause great concern about the bona fides of the marriage. 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 may be able to obtain a green card still if divorce proceedings are not initiated until after a decision is made. Depending upon how long you have been married, you may be granted a conditional green card which means you will need to remove the conditions in two years. You can still seek to remove the conditions if divorced if you can establish the marriage was entered in good faith.  Your wife's pregnancy gives you no independent basis for obtaining a green card. A child cannot petition for his/her parent until he/she reaches the age of 21. ... Read Answer

Hello. I am sorry to hear about your situation however you can proceed with your permanent resident status without being married to your wife. Given your information you should be eligible for a waiver of the joint filing requirement to remove your conditional status. Please contact me for a free consultation to determine if you are eligible for the waiver.... Read Answer

Hello,   There is not enough information here to answer your question. Are you trying to file for a green card based on marriage to a U.S. citizen, a different relative or through work? Do you have a criminal record, etc. All these will make a difference as to whether you qualify for a waiver. It is a good idea to speak to an immigration attorney and give them your detailed personal information so that they can let you know if you can apply for a waiver.   The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read Answer

Hello, You should go to court or else you would be ordered deported in your absence. By going to court, you may be able to fight deportation if there is a way for you to get legal immigration status in the U.S. To find out what may happen in court, you would need to provide more detailed personal information than you can here. It is important that you speak to an experienced immigration attorney and let them know your immigration history and any other information that is needed to see how to help you. With this information, an immigration attorney can see if you qualify for a waiver or any other application to get legal status during the court proceedings. Please do not rely on general information from the internet for something so important.  Good luck.    Disclaimer: The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read Answer

An overstayed J-1 visa holder does not accrue unlawful presence in the country unless he or she has received a denial from U.S.C.I.S. or from an immigration judge. If you have not received such, you remain eligible for all other forms of immigration except that you will have to consular process your immigration rather than being allowed the privilege of adjustment of status without leaving. 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

Since you have a child together, you should be able to finish the immigration process even if your wife left you for a woman. (I assume that you already have at least the conditional green card). To remove the conditional basis of the residence card, you can obtain a divorce and file under the category for having had a bona fide marriage which has ended in divorce. As to how to remain in your daughter’s life, you would have to take that up with your wife and that may become the subject of a divorce action on the question of custody. 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

Unfortunately I do not see your brother being able to come back to the United States after having been deported for the crime of home invasion and serving 5 years in jail. Unless he is able to have the conviction overturned, he is permanently excludable from the country.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

Your facts are too sketchy to determine whether your father was ever a US citizen which would be crucial to any determination of whether the right to citizenship was transmitted to you. Even if he was, he would have had to have resided in the US for five years of which two were over the age of 14 prior to your birth in order to transmit citizenship.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 he entered the US unlawfully, he is not eligible to legalize his status within the US. He would have to go back to his home country to consular process but as soon as he leaves the US, he will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.... Read Answer