New Jersey Immigration Legal Questions

Tricky situation.  She is responsible for you as your sponsor, but your turning against her may create problems for yourself with Immigration and maintaining your status. Questions such as what is your current status, and the child?  Is your father involved in the situation?  If she opts to withdraw her sponsorship, you could be facing removal.... Read Answer

Although no one can give you a guarantee of what direction U. S. law enforcement may take, U. S. immigration laws are generally attuned to criminal and not civil matters. It is more likely that if the investigation turns criminal and you are arrested at some point in the future, the Department of Homeland Security may take an interest, and that could cause an immigration issue. Barring that, the chances are that you will not face an immigration issue on your way back to the country. 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-824 is moving forward the approved case. The case has been approved. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read Answer

And answer is Yes and No at the same time. It is because you are asking two questions in essence. 1. Who can file the I -130. 2. Can an I -130 be filed by two different family based petitioners for the same beneficiary.  As to the first question, the answer is "no". Only a qualified relative of the prospective beneficiary can be a petitioner. Beneficiary, cannot self petition.    As to the second question, the answer must be "yes". A beneficiary can be petitioned as such by any number of eligibile petitioners. That is true even if one of the petitioners is the person's prospective employer. ... Read Answer

Hello Grant and thank you for posting the question. You are asking for legal services and not a general question. What you are seeking to do will need to be discussed with an attorney. We charge $250 for immigration consultation and if you retain us for your immigration matter, the $250 will be applied towards your retainer fees. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager ... Read Answer

Before the commission of the first crime, if you were a person who was lawfully admitted for permanent residence for not less than five years, and had resided in the United States continuously for seven years after having been admitted in any status, you would likely be eligible for cancellation of removal for permanent residents. On the other hand, if you were not in those circumstances, you would have a much more difficult path to keep your permanent residence if placed under removal proceedings. You would likely have to have the Xanax pill conviction overturned. With the arrest for possession of marijuana and paraphernalia, you would not be deportable on the charge if it related to 30 g of marijuana or less. If not, you would have to have avoid conviction on the charge if the case is still going on. If already convicted, you would have to have the conviction overturned.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

Immigration is one of the legal categories that is flooded with lawyers and document preparers. What is your current immigration status? And are you still looking for a competent immigration attorney for your wife? It's a shame to see what extent attorneys go to earn a client business. Well, we are glad that we review the case first before taking money to ensure that we have the time and expertise on the subject matter. Anyhow, please reach out to my office and let us see what can be done regarding both your wife immigration case and attorney Lawrence Holmes.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in New Jersey.... Read Answer

If you have lived in India since 2002 and your temporary green card in your passport expired in 2002, you have undoubtedly lost your permanent residence. You will not be able to regain it by filing an I-90 application to replace your permanent resident card. If you are interested in obtaining a visa to come to the US for employment, I suggest that you make an appointment with an immigration lawyer who can go over your options for a working 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

If your husband has convincing evidence that he did not engage in marriage fraud, you can appeal the I-130 determination within 30 days with all proof of the bona fides of his marriage. If the evidence is not available in time for an appeal, you can file a new I-130 petition when he obtains the evidence, and include that in the I-130 submission.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

SSN and DL are not immigration benefits. They are benefits of the state law. If you are eligibile under the State rules, you can apply. AS to what "paperwork" to file to adjust status, visit www.uscis.gov and look for an article about petitioning for a spouse. It will guide you. You can also hire an immigration lawyer to represent you which is always a better idea. ... Read Answer

A U. S. citizen child must reach the age of 21 before being able to sponsor parents and siblings. Prior to the change of law in 1976, babies could petition for parents and siblings, but Congress became alarmed and raised the age limit to its present 21. 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

There is no section of inadmissibility such as you have put down. The symbol after 212(a)(6) is not a number, but an alphabet symbol. For example, if the symbol is (C), such indicates some type of fraud or misrepresentation. If the symbol is (E), the ground of inadmissibility is smuggling of others. Without the information and other particulars about your case, I could not tell you whether you could reopen your file. You may wish to have an immigration lawyer examine all your papers to determine your situation and 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 Answer

No one can predict with any great certainty what will happen now that Donald Trump is president. He has emboldened ICE to even hang around courthouses in the hopes of catching undocumented immigrants. That being said, ICE usually has a concern with the individual previously when it does that. As New Jersey is not a red state, the chance of you having a problem appearing on a traffic ticket in New Jersey is very low if you have not had prior encounters with Immigration.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

Even if your husband divorces you at this time and your case is still pending, U.S.C.I.S. would give you the opportunity to amend your I-751 to another category such as having been in a bona fide marriage which is now dissolved. You would notify U.S.C.I.S. of the development once you divorce, and U.S.C.I.S. would reclassify your case. You would not have to refile if your case is still pending.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 will assume for purposes of your question that you were not cleared of the charge. Naturalization requires good moral character, in most cases for five years. You have a questionable case as to whether an application would be granted at this time. If only one DWI, however, the odds are good. DWIs in the past were not considered too damaging to applications, but have received much attention in this past decade. That is because of the pressure brought on to members of Congress by aggressive lobbying by interested parties, which in turn has meant the dragging of DHS officials before congressional committees on the issue. If you do decide to go forward with your naturalization case, you should attempt to make a showing of any equities that you have including any explanations for your DWI arrest .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

Unless there are special circumstances, you are not eligible to apply for asylum as the application must be done within one year of the individual's entry into the United States. You are eligible to apply for withholding of removal if you believe that you would be persecuted in your home country, but the burden of proof against you is higher and it does not lead to a green card. Marriage would not help you to adjust your status even if you have special circumstances that would qualify you for asylum since a C-1/D visa holder is generally not allowed to adjust status to permanent residence. If you go back to India after you have submitted an asylum case and before its decision, you would technically be barred from returning to the US because of your unlawful presence for over one year in this country.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

  Taking into account the time that will be involved when your 21-year-old child petitions for you both on I-130 Petitions for Alien Relative and the time required for National Visa Center (middle point between U.S.C.I.S. and American consulate or embassy) and final consular processing, the timing is approximately one year. There does not appear to be contemplation of any change of law that would affect your type of case.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

Having such an EAD, you may be allowed to do such since the card allows open market employment. In addition, you may be able to use the EAD position as a basis of your green card if you are in the last phase of your immigration to the US, and have already had your I-140 petition approved and the I-485 adjustment of status filed. Under the rules of porting, you are allowed to move to a same or similar occupation and keep your case if the I-140 petition is approved and the I 485 has been pending for 180 days. U.S.C.I.S. has said that porting can be to self-employment so long as it qualifies under same or similar occupation. Please note, however, that the agency is getting more technical as to what qualifies as same or similar.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 brother can request to recapture the old priority date but do not be surprised if the request is denied or ignored. The petitioner and beneficiary have the responsibility to notify USCIS, and the NVC, of any address changes. Your brother missed important correspondence because he moved. You can read more about family petitions at http://myattorneyusa.com/family-immigration.... Read Answer