New Jersey Immigration Legal Questions

The law between 1952 and 1986 required that a US citizen parent be physically present in the US or possession for 10 years prior to the child's birth, five of which were after the age of 14, in order to pass US citizenship at birth. Honorable US military service can be included in the calculation of years. Assuming that you can prove the circumstances above, you would be a U. S. citizen. If so, you should contact the American Embassy to take steps to secure your 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

Provided that you will not have exhausted the six-year limit on the H-1B visa, you would be able to have a new employer sponsor you for H-1B status even if the H-1B work will be totally different. That is assuming that U.S.C.I.S. believes your new position qualifies as one of specialized knowledge. Your being outside the U. S. instead of inside makes no difference.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 under the Dream Act, you must have entered the US by June 15, 2007, in order to qualify. In the expanded version of DACA which is being held up in the Fifth Circuit Court of Appeals, you must have entered the US prior to the age of 16 and have resided continuously in the country since January 1, 2010. Even with that scenario, it is questionable whether you would qualify as you left the US for almost 3 years. U.S.C.I.S. might not credit you with the initial date of entry when you were 13 and only with your later entry at the age of 16. 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

Usually the case law suggests that the examination is "continuing" from the initial application. However, the regulations indicate that the decision to grant or deny should be made within 120 days after the date of initial examination. So it depends on more facts to determine if the "initial examination" is continuing. This is a bit of a murky area to draw the line.... Read Answer

There is some hope in the adverse facts that you presented once you are in the immigration court for removal. When such proceedings are initiated in that court for removal (deportation), you may be able to seek judge's discretion who takes a "balancing of equities" test to determine if they can cancel the removal proceedings and grant you status. Much depends on the personal and public records of yours in an in-person consultation with an attorney to come to take such a risky route. Alternatively, you may have to leave the country and re-apply under another visa.... 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. Since we do not have all the facts, it is impossible to give a completely accurate answers. Are you here legally or illegally? Do you have a green card? If you do not have a green card and are undocumented, you are being deported because of your illegal presence in the U.S. and not because of the DUI. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your situation. They would then be in a better position to analyze your case and advise you of your options.... Read Answer

I assume that you are talking about an I-864 affidavit of support. Under the poverty guidelines for 2015, a couple without children or other dependents and who has sponsored no others in the past, is able to support 8 people under the 125% guideline used in immigration cases. So if she and her husband are 2, and you and another person are another 2, that would only be 4 people – a number able to be supported with the income of $54,000. 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

Pres. Obama's executive action of November 20, 2014, would not serve to remedy your situation under DACA since, even under the expanded version of DACA, applicants must still be under the age of 16 at the time of entry. However,under the expanded plans for I-601A reliefto apply to more than just immediate relatives of U. S. citizens, there is the possibility that if your father petitions for you and your priority date comes close to becoming current, you would be able to file for an I-601A waiver in the U. S., have it adjudicated while you are here, and if approved, complete your immigration by going overseas for a consular interview which in all likelihood would be uneventful. 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

Hello,  In general, if a person has proof of their legal entry to the U.S., are married to a U.S. citizen, and does not have certain criminal convictions or previous immigration problems, they should be able to become a legal permanent resident. Having DACA will not prevent you from getting a green card. It is not clear why you were not able to become a legal permanent resident at the same time as your parents,  and it is advisable to speak to an attorney in your local city to discuss your immigration history for advice specific to your situation. Good Luck. Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer

Thank you very much for your question. It is very difficult to answer since it is context-sensitive. For individuals who handle a great deal of these types of treaty investor visas, it is important to review all of the facts of the case and circumstances to fully be able to advise. If you would like to have our office review the information for the investment, we would be happy to do so as we do so for many of our clients on a routine basis.... Read Answer

Yes. Because you are a new H-1B applicant, and there are no visas currently available but will only open up when the new fiscal year begins on October 1, if the petition is selected in the lottery and approved, it can only become active (valid) once the new year begins which is on October 1, 2015.... Read Answer

If you are sponsoring your wife under your green card status, the priority date of the I-130 petition must be current for visa availability and she must be in valid nonimmigrant status to be eligible for the I-485 to be filed. If not, she can either return or wait for you to become a U. S. citizen. Upon your citizenship, her category would change to immediate relative, a preference which is always available, and her overstay would not prevent her from filing an acceptable I-485 application. 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