New Jersey Immigration Legal Questions

I recommend that you keep the application running and do not attempt to have your husband come to the US and restart the paperwork. Such would involve questions concerning misrepresentation or preconceived intent to stay in the US during the time that he has already had an approved immigrant visa petition. The time involved would also undoubtedly be longer than your present process. 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

Technically, you appear to meet the requirements of automatic visa revalidation as you have a current status, an expired US visa, and will be in Canada for less than 30 days on each trip. You may be questioned on the purpose of your frequent trips if there is some thought that you may be doing something illegal, but I do not otherwise see a problem. The fact that you have a visa appointment at the consulate scheduled for October should not affect trips done before the interview. Insofar as Canadian entries are concerned, I possess no knowledge of Canadian immigration law and cannot inform you as to whether there are restrictions. 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

Given the circumstances you may be a perfect candidate for VAWA. The violence against women's act, which also applies to men, allows a foreign national immigrant to acquire a green card without the participation of their spouse, if they are the victim of not only physical violence but emotional abuse and verbal abuse. You don't need physical abuse in order to qualify, because emotional and verbal abuse is sufficient. You should retain counsel to process your case from start to finish. Counsel in any state can assist you.... Read Answer

H-1B holders who are dismissed or leave their present employment are given 60 days to file further papers with USCIS to keep themselves in status. In your case, if your new employer filed for an H-1B transfer for you within 60 days of your leaving or being dismissed from the former company, you would be considered in status by the agency. 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

If you do not wish to take a risk, it would likely be better to forgo the trip to Puerto Rico or to any other location outside the continental United States. We have heard accounts of people who left the 48 states and were subject to immigration inspections when trying to come back home. We are in the time of Biden and not Trump, but caution should perhaps continue to be exercised. 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

She doesn't unless she independently qualify for relief.  More information is needed.  Is she in the U.S.?  Does she fear persecution in her home country?  Is she from Ukraine? When did she arrive?  A U. S. Citizen cannot petition a friend as a matter of law. However, you can waste money and time trying to do this. A U.S. citizen can petition a fiance or spouse with enough evidence to prove that the relationship is in good faith, not just to get someone a green card. Otherwise, that is fraud and can lead to a permanent bar to lawful immigration.  A U.S. Citizen can seek labor certification from the Department of Labor for a potential employee, where they can afford to pay the prevailing wage, but any sort of employment based petition for a friend can prove extremely difficult and time consuming. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complications.  This is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

I strongly suggest that you make an appointment with an immigration lawyer to go over your situation and discuss your options. Your question is just too general to answer. 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

Assuming that your parents have maintained their legal statuses while in the US and have the proper nonimmigrant intent to only visit and go back to the home country, they could still be allowed to reenter the country on their visitor visas even though they already have I-130 petitions filed on their behalf. They must of course tell the truth to the immigration officer at the port of entry if asked whether they are being sponsored for green cards. 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 our knowledge, the decision of whether and when to add dependents is largely up to the principal applicant under US immigration law. Whether he can be made to include you in the immigration application may be a subject for a family law attorney. 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 your situation, you would be in a quasi-legal status in which you are allowed to stay during the time that the I-485 application is pending. You can also include your husband by having him fill out a separate I-485 adjustment of status application. If the petition will not be approved and your F-1 status is already expired, you would not have legal status anymore unless you appealed the petition denial and that was approved. You could conceivably be in the US unlawfully for a long period after that inasmuch as the Biden administration is not targeting most status violators for removal proceedings. At such point, you may wish to consult with an immigration lawyer for any further 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

Hi Ari.  There are two pathways to accomplish your goal. The first is to marry the foreign national immigrant, and then she would apply for a spousal visa at the US consulate overseas. The second pathway is for you to file a sponsorship for her fiancé K visa, and then she would Process at the overseas consulate. Both pathways are taking roughly the same time, with the fiancé K visa pathway taking slightly less time. Keep in mind that if you use the fiancé visa approach, you have to have physically met the woman within two years of filing your sponsorship. Counsel in any state can represent you, and some of us take the case for a flat fee with no hidden costs from start to finish.    ... Read Answer

I believe that you have misread the form. There is nothing in the law that requires a person like you to be married to a US citizen spouse before filing the N-400 application unless you are attempting to file under the three year instead of five year rule for citizenship. If filing under the five-year rule, you should be able to file for naturalization as long as you are not barred by any of the grounds outlined in the application questions. 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 processing of an I-485 application generally does not bring the privilege of a driver’s license. For that, our understanding for New Jersey as well as for most states is that you would have to either have the I-485 approved or apply for and have approved an employment authorization card. Such an application is on form I-765 and can be filed concurrently with the I-485 application or at any time thereafter. 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

Filing the paperwork for permanent residence will generally not be enough to obtain financial aid from a college or university. However, colleges and universities have different packages dependent upon scholarship/financial aid, and you could inquire of the colleges and universities in which you are interested as to whether you might be eligible for some type of assistance. 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

Currently in the month of July, immigrant visa availability is only open to those who filed I-130 petitions under the F-4 category for siblings of US citizens before February 8, 2007, except for natives of India, Mexico, and the Philippines who face longer wait times. So currently for your brother, the waiting time looks like approximately 14 years. If your brother has other ways to immigrate, he should explore those options. Your petition for him should be used as a backup only. 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 I-130 form asks for employment information for both the Petitioner and the Beneficiary.  If  you are not employed, simply enter "Unemployed" in the space provided.  You do not need to be employed to be sponsored for a green card. I hope that this information is helpful to you. Mark Curley... Read Answer

It seems as if the plan depends upon whether CBP believes that your entry under a B visa is for a short period of stay, and not a substitute to stay in the US for a long period of time in lieu of an H-4 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

Although some sources of money related to unemployment cannot be counted toward income for purposes of Form I-864 (such as food stamps, SSI, Medicaid, and TANF), unemployment benefits are in a different category. However because the immigration officer will want to know your current employment situation, it is advisable that you get your employer if you have one presently, To draft a letter indicating what capacity you are working for him under and what your rate of pay is.... Read Answer

The question is close, but the answer seems to be that even working as an independent contractor as a yoga instructor is a violation of the immigration laws. An argument can be made that you are an independent person and not taking away a job from a US worker, but the counterargument is that you would be taking away a job opportunity from other US workers who could otherwise find employment as a yoga instructor. You should wait for your work permit if you wish to be entirely legal. I note, however, that illegal work is not a bar to your receiving permanent residence since you are in the immediate relative class for immigration, and persons who take up unauthorized work are still allowed to adjust 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

If your I-94 date matches the date on the petition approval, you can continue working for the company until November 18, 2021. A visa generally only restricts the period of time through which you can travel in and out of the US. 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