New Jersey Immigration Legal Questions

Reentering the U. S. on an advance parole instead of H-1B is not a permanent choice. The individual holding an H-1B status can simply go outside the United States and come back in using the H-1B visa instead of advance parole the next time. And so you can go overseas and have H-1B and H-4 stamping for yourself and your wife before your I-485 is approved. 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

By the time that you obtain your I-20, your divorce will still be in process according to your fact situation. You are eligible to file for a change of status from H-4 to F-1 as long as both you and your spouse have been maintaining valid nonimmigrant status. If you file for the change of status before the divorce, the divorce will not affect U.S.C.I.S.’ adjudication on the F-1 application. You will of course have to show adequate financial support to be a student who can remain here without working. Change of status for those who are in status is usually more certain than consular processing. If you decide to go with change of status and once your change of status is approved, it is up to you as to whether you want to go outside the U. S. to have a visa stamped in your passport. That is not a necessity and many people just stay here with the change of status. You would be allowed to stay as long as you are still maintaining your F-1 status. You are allowed to attend college prior to having your F-1 stamped or even before U.S.C.I.S. makes an adjudication on the change of status. 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 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. . When you say your "parents fixed out immigration papers years ago", do you mean that you received a green card? How did you receive your work authorization and social security number? 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. (S)he would then be in a better position to analyze your case and advise you of your options.... Read Answer

This question is not very clear, but generally people who are in the U.S. with a valid nonimmigrant visa and then become eligible to adjust status in one of the many immigrant visa categories, may go through the adjustment of status process in the U.S. This generally requires that a visa is "immediately available" for the person at the time the case is filed. Determining whether a visa is "immediately available" can be discerned by review of the current Visa Bulletin issued by the U.S. Department of State. Some visa categories (such as EB2/NIW and EB1 Extraordinary Ability) are "self-sponsoring," others require a qualifying family relationship or sponsorship by a qualified employer. If you are asking about eligibility based on some specific family relationship or some specific job, it would be wise to consult with an immigration attorney who could learn all of the relevant facts and then advise you about eligibilities, options and strategies. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.... 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. How were you "illegally detained? Was there an ICE hold on you? Were you picked up by Ice for some reason? I suggest that you contact an experienced civil rights attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.... Read Answer

The US Virgin Islands is still part of the US, but of course immigration officers usually take an interest in people returning to the mainland from parts of the US not attached to the mainland. If an immigration officer inspects you and ask questions, there is a likelihood that he or she would be satisfied with your explanation as long as there is reason to believe that the UK citizen will indeed go home. If you go through with your honeymoon plans, your UK citizen citizen spouse should have proof of a return ticket to the UK within the 90 days. 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

I assume that your brother had a problem on entry which caused the 5 year bar. After the 5 years, he may be able to apply for another tourist visa, and whether he gets it will depend on the discretion of the American consulate or embassy officer. If he is able to show that he has good ties and bonds with the home country and makes a good impression, there is a good chance that he may be able to obtain the tourist visa.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

As you are a US citizen, marrying your boyfriend before his son turns 18 would automatically make him your stepchild for immigration purposes. You could then also petition for him as your child. If your boyfriend and his son entered legally, they would likely be able to adjust status in the US. If they entered illegally, they would generally not be able to adjust status. They might, however, be able to qualify for the Administration's I -601A provisional waiver program under which you would file I-130 relative petitions for them, and once approved, they would file I-601A waiver applications based upon extreme hardship to you if the applications were refused. The waiver applications would be adjudicated in the US and if approved, they would begin to process their cases with the American Consulate in their home country for immigrant visa interview. With approved waivers, the interviews would in all likelihood be passed. 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. You will not get a "change of status" h1b on this new filing. Since your H4 was denied, you have no status. You should leave immediately, wait for the h1b approval and process at the US Embassy. You should not overstay more than 6 months or you can be barred from coming back for 3 years. You have been out of status since 07/08/2014.... Read Answer

Hi. Sorry to hear your L1 was denied. A normal visa for a franchise is the E2. We help process them. I would need more information about the investment, source of the money, your current status, etc. Please email me if you would like a more detailed free consultation. Harun@ksvisalaw.com ... Read Answer

L-1 nonimmigrant status has no grace period in your situation. That being said, your leaving the United States quickly after your project ends would be seen favorably by an American consular officer when you return overseas for your H-1B visa interview. 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. If you just received your new green card and want to change it, you have to file to change your name. It is not a new family case. It is called an I-90.  You should be able to get the SSN with your green card and not your passport. However, the marriage and birth certificate should fix that also. Your SSN must match your green card name. ... Read Answer

Hello.  the fiancé visa takes about 5-6 months in the US and then about another 3 for the embassy interview.  The K3 takes a few months longer, because of the different stages.  In addition you would need to fly to get married to do the k3(assuming you have enough proof to file the k1 now).  Please let me know if u can be if any help.  ... Read Answer

Hello. This will depend on the process you use to apply. If they are going to file the Labor Certification/PERM with the Department of Labor, then, they must pay for all associated fees and costs. The 2nd and 3rd stages with the USCIS is arguable, but they are not required to pay all those fees and costs.  Thus, I would need to know more about your specific employment and current visa situation. ... Read Answer

I assume from your questions that you did not attend a state certified school and that it is not just a matter involving certification of your diploma. If you disagree and believe that the Institute that you attended was a state certified high school, you can perhaps contact the Institute for verification of such and send its affirmation back to U.S.C.I.S. Otherwise you can attempt to send U.S.C.I.S. proof that you are currently in attendance at a GED program. If U.S.C.I.S. wishes to accept it, it can although it may also reject it based on its sometimes enforced rule that an applicant must be qualified at the time of the filing. If it is so denied, you can always file a new application for deferred action. 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 given such stamp which usually means no adjustment of status/no changes status/no extension of status generally means that you would not be eligible to obtain an extension from U.S.C.I.S. if such as requested. That being said, if you can produce a letter from your physician that it would be unsafe for you to take an extended flight at your stage of pregnancy, you may still be able to obtain an extension. I also note that a timely application for extension of stay usually takes at least three months for U.S.C.I.S. to adjudicate. By the time that you receive the decision, you may already have delivered your child. If the answer is negative, you would only be barred from returning to the US if you stayed 180 days after the date of the decision. 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