New Jersey Immigration Legal Questions

Thank you for reaching out with your concerns regarding your upcoming travel. As a Green Card holder, maintaining your residency status and understanding the rules for international travel are vital. This is a situation where the distinction between "traffic law" and "immigration law" is very important. While traffic violations are usually civil matters, anything involving a court date or a suspended license can feel risky for a Lawful Permanent Resident (LPR). Important Points to Consider: Most traffic tickets (speeding, stop signs) are civil infractions, not crimes. Immigration officers at the airport are primarily looking for criminal convictions, specifically those classified as "Crimes Involving Moral Turpitude" (CIMT) or aggravated felonies. Generally, a suspended license for unpaid fines does not fall into these categories. The biggest danger for travel with a pending case is a Bench Warrant. If a person misses a court date, a judge might issue a warrant for their arrest. CBP officers see active warrants immediately when they scan your passport. Since you say the judge moved the date to April 2026, there should not be a "Failure to Appear" warrant on your record—but you should verify this with your traffic attorney before leaving. Because your case involves a specific timeline and a pending court case in 2026, we strongly recommend that you Schedule a Free Consultation with us. This will allow us to provide personalized legal guidance specifically tailored to your situation to ensure your return to the U.S. is successful. DISCLAIMER: Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain here is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.... Read Answer

For I-131/ I-765 applications filed after the I-485 has been filed, the proper address depends upon your home address as designated in the USCIS lockbox filing locations chart. The chart goes by your location rather than the three letter prefix of your receipt number. 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 question pertains to your mother or father as applicants for N-600 certificates for citizenship obtain such through a parent or parents who are US citizens. Part 3 asks for information concerning the US citizen mother or father, and the question that you are uncertain about only asks whether that parent’s current husband or wife is your other parent. So, if the answer is that the US citizen mother or father named in part 3, item 1, is your other parent, then the answer is yes – otherwise no. If yes, you would skip item 10 and go directly to part 4. If no, you would fill in item 10 with your US citizen mother or father’s current spouse. The form does not appear to be well designed, but we assume that if the US citizen parent is not married at this time, you should skip items 9 and 10 altogether. 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

For green card holders, it is generally safe to travel although there is currently extreme vetting at the borders and airports by Customs and Border Protection (CBP) officers. If permanent residents have had anything in their backgrounds that could raise a flag with CBP, however, they may think twice before taking a trip. 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

We have many EB-1A applicants who make their applications from outside the US and are successful. Being in the US is not required for such an application. Being employed in your field of expertise at the time of application is not a strict requirement, but is a factor. Emphasis in an EB-1A case is on whether the individual can prove that he or she is an alien of extraordinary ability. 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 probably know by now, Syria is on a list of 43 countries that the Trump administration wants to stop or lessen travel from. Syria falls within the red countries with a total ban. The travel ban is expected soon with full details. It is unknown at this time whether the ban will include permanent residents. I suggest that you wait until more is known about the travel ban. In addition, please note that the Trump administration has increased vetting at all ports of entry, especially targeting those critical of the Trump administration and Israel. 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 should probably wait out the process if you wish a life in America. Although there is no guarantee that the waiver will be approved, being married to a US citizen for eight years usually provides grounds to satisfy the hardship requirement of an I-601 application. Having a good lawyer to assist in preparing the application also usually helps. 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 are not on H-4 as that application has not been approved. So for purposes of filling in current status on the I-765 form where it requests current immigration status, you should fill in H-1B as that visa status is the one that you are holding at this time. 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

It is difficult to know what your qualifications are to stay in the US without more. Marrying a DACA recipient does not give you the right to live with him in the States. I suggest that you seek a consultation with an immigration lawyer who can go over your options. 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

A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US legally. This is despite that both are or will be in overstay status. It is not uncommon that the checks for USCIS filing fees have not been cashed after 30 days. There are many backlogs at most field offices so remain patient. ... Read Answer

An individual who enters the US on an immigration visa is a permanent resident upon entry. The stamp on the passport given by CBP at the airport is the confirmation of resident status. Therefore, although I do not know tax law, I believe that you should be filling out “resident alien”  as you are a permanent resident regardless of whether you have yet to receive the physical card. 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

Your mother is her own person and I imagine that she will do whatever she wishes concerning her own immigration status. You are not liable for the actions of your mother unless you are conspiring with her to have her come and stay illegally in the country. The immigration laws do not assign any form of penalties against relatives in cases like the one you describe. 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

Inasmuch as you only stayed in the US on H-1B visa status for 1.8 years out of the total allotted stay of six years, you appear eligible for a cap exempt visa petition. If approved and you pass the consular interview, you would have 4.2 years left on the H-1B visa if your count of 1.8 years is correct. 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

More than likely, you will not have a problem coming back to the US. The fact that you have not been convicted or pleaded guilty to the charge is in your favor. You should be aware, however, of something called prudential revocation of a visa in which the American consulate or embassy overseas hears about your arrest and revokes the visa. If you are outside the country when that is done, you will lose your ability to return on that particular 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

To travel with you, you could attempt to explain the situation to the American consulate and request B-2 visas for the children. If the consulate is unwilling, you could request humanitarian parole from USCIS through form I-131 Application for Travel Document. Such application has to be filed at the Dallas lockbox at: U.S. Postal Service (USPS): USCISAttn: HPP.O. Box 660865Dallas, TX 75266-0865 FedEx, UPS, and DHL deliveries: USCISAttn: HP (Box 660865)2501 S. State Hwy. 121 BusinessSuite 400Lewisville, TX 75067-8003 Good luck! 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

It is difficult to estimate how long it will take an I-130 petition to be adjudicated from the time that you receive word that your documents are being reviewed. In many cases, those words do not mean very much. USCIS has given us the same message for cases that we just filed and received a receipt. You can access published estimated USCIS processing times at its service centers by going online to USCIS.gov. We have a link to the processing times on our website www.alanleelaw.com on the right-hand side of our home page if that would be more convenient for you. 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

It is always possible to switch to another immigration attorney, but a few words of caution – your next attorney will probably want to see a copy of the entire file as he or she does not wish to be surprised by anything in your background or that has already been revealed to USCIS. You should ensure that your present attorney has your address or email so that he or she can send you copies of any communication received from USCIS. Also, your new attorney may very well be charging you a fee in excess of what you expect to pay. We have seen many times individuals who believe that they should only pay for part of the case because the former attorney did some work. To your new attorney, this is a new case, and he or she will have to go over the work that was previously done and remedy anything that may be deficient. 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 easiest way to check if one knows the “A” or alien registration number of the individual is to call the immigration court line at 1-800-898-7180. After moving through the prompts, the automated system will inform you whether there is information on the individual or not. If no information, that usually means that the person does not have a case involving removability in the immigration courts. If the individual has an upcoming court date, it will give the date and place of hearing. If there has been a disposition, it will so state and with another prompt say whether there have been any further administrative appeals or motions along with their dispositions or whether they are still pending. 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

A timely request for change of status allows an individual to remain in the US until the time that it is adjudicated. Technically, you are not in legal nonimmigrant status unless the change of status application is approved. However, you would not begin to accrue unlawful presence until 180 days after the change of status application is denied. Hopefully, this will assist you in planning your future immigration steps. 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

It is possible to bring your husband to the US to complete the Green Card process. The form required is Form I-129F, Petition for Alien Fiancé(e). This form, in addition, to applying for a Fiancé K-1 visa, is used to apply for a K-3 visa for a spouse. However, I am not sure if the I-129F might be any faster than your I-130, especially since your I-130 is already at NVC and being actively processed. That is, there is a potential that you might spend the time, money, and energy and end up not benefiting from this application. That being said, the I-129F is an option that I recommend discussing with your immigration attorney. As for your husband’s visitor extension, unfortunately, it’s not possible. I am assuming he is entering the visa waiver program, which has strict rules related to that program. Alternatively, your husband can apply for a B-2 visitor visa. The typical I-94 time frame for that visa is six months. Also, B-2 visa visitors can extend their visit for six months. That should give him a year in the US.     I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

 Did you confirm that the divorce decree is correct according to Ghana law? I have had clients who presented documents not issued by the appropriate authorities. They were either unaware of the issue or didn’t want to deal with the hassle of getting the correct record. I know it can be a real hassle, but you have no choice. Additionally, having him overstay his I-94 is not a good idea. Chances are, he is entering the US on a visa waiver program that prohibits him from adjusting his status in the US.  Further, you will still have to deal with the issue related to his divorce decree.  Lastly, if he were to seek a divorce in the UK, the date of the divorce will be after your marriage date, which would result in your marriage being void under US law.  I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer