New Jersey Immigration Legal Questions

  I think you're okay, but you'll need to reveal all arrests and dispositions. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result, and also attend/assist you at the interview.  ... Read More

The coke collection agency may not notify CBP but they seem to have access to hospital billing. I have heard many people denied entry for accepting Medicaid or failing to pay hospital bills. These individuals are denied admission on grounds they are likely to become a public charge. Your friend should try to contact the hospital or collection agency to resolve the matter.... Read More

It is not clear whether you are eligible for lawful permanent residence. You may qualify for DACA. While DACA is not an immigration status, it does give you a deferral of any action to remove you, employment authorization, and possibly the ability to travel outside the United States. It is not clear whether you meet all the eligibility requirements. You can find more information about the program by clicking DACA.... Read More

Generally speaking, most immigration to the States comes through family petition, employment petition, immigrant investment, or asylum. Being pregnant and later having a US citizen child will not allow you to become a permanent resident. The law was changed in 1976 to prevent a US-born child from petitioning for the parent until the child is 21 years of age. If you wish to stay, you should consult with an immigration lawyer to go over all your options. 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

Your mother unfortunately cannot be waived for the English test as that is only available for persons who have held the green card for 15 years and are 55 years of age or 50 years and held the green card for 20 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

Unfortunately the law provides that your period of residence for naturalization purposes ended once you stayed outside the US for one year or more. The fact that you were volunteering for the Ebola response is not considered an exception to U.S.C.I.S. even though your action was highly commendable. The law only allows exceptions where you could not come back.  For example, if you were under some form of quarantine, that would probably be such a circumstance.  (Even if you had a reentry permit, such would not preserve your residence for applying for 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 More

For purposes of answering your question, I will assume that your son holds a visiting visa. If your minor son overstayed the period of time on a visiting visa, his visa is automatically canceled even if the date on it has not expired. Technically he would have to seek a new visa from the American consulate before attempting to come to the U. S. If he decides to come on his present visa, there is a large possibility that he will be turned back at the point of entry because of the overstay and that the visa is automatically canceled. 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

Regardless of which L-1 category you hold, your wife remains an L-2 as long as there is no break in status. Normally I believe that your wife would not need to do anything concerning her work authorization if she did not apply for an L-2 extension when you applied for your L-1B to L-1A visa conversion. The difficulty here is that the employment authorization is generally seen as tied to the application. U.S.C.I.S. has a procedure under which the application for L-2 benefits must be approved first and then the EAD application can be approved. So technically, the first petition would be superseded by the second petition and the EAD attached to the first petition could be seen as invalid. It may turn out, however, that if no one says anything, nothing will happen as your wife is still carrying around a facially valid EAD and the law in this area is not tremendously clear. 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, It is not clear whether the I-94 you mention is for a visitor's visa to the U.S or for a work or student visa. Please note that if your wife entered on a visitor's visa and later changed her name, she would not be able to change her I-94 because the I-94 simply captures her entry information at the time and date of entry. You may want to keep both passports and present them when necessary to show that she is the same person. 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 More

Hello,   If you are under 26 years of age and a legal permanent resident of the United States you are required to register for selective service. Please note that failure to do so, can have an impact on your future citizenship application. Good Luck.   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 More

You should bring back your marriage certificate, proof of termination of all prior marriages for both you and your husband, proof of your bona fide marriage such as photographs together, lease or deed, utility bills, telephone bills, banking statements, etc., your husband’s original I-797 H-1B approval sheet, his employment letter, proof of his recent pay, tax returns and H-1B petition copy. 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

An H-1B holder can obtain an extension of time past the 6th year under one of 2 conditions – that it has been 365 days since a labor certification application was filed, or that an I-140 petition has been approved and the priority date is not yet current. With reference to the 365 day rule, you would only be able to invoke that if the starting date of your employment is 365 days from October 22, 2014.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