New Jersey Immigration Legal Questions

There is no immigration law prohibiting marriage following expiration of one's OPT status, whether before or after the end of the "grace period." Additionally, when a U.S. citizen becomes married to a foreign national who entered the U.S. lawfully and with inspection (such as with an F1 visa), the couple can succeed in the adjustment of status application process so that the foreign national spouse can become a U.S. Lawful Permanent Resident (get a "Green Card"), and this is true regardless of whether the application is filed after expiration of the foreign national's nonimmigrant visa (and even if that person may have become employed without authorization). Of course, there are many other details for adjustment of status eligibility. Also, failure to properly prepare the multiple relevant applications and to provide a full set of supporting documents can cause significant delay or even more harsh consequences. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant details about you and your fiance?, would be able to advise about eligibilities, options and strategies and would be able to offer legal representation for the application process.... Read Answer

You may only file for AOS if your priority date is current on either the final action bulletin or the AOS application filing date bulletin. You can find the bulletin at https://www.uscis.gov/visabulletininfo. In the interim, you must continue to maintain nonimmigrant status in order to file for AOS. You can read more about AOS at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You would likely be able to obtain a green card based upon your marriage to a United States citizen. More information about the type of visa used to enter, immigration history and criminal history is needed to make a definitive assessment. The process will take about 8 months from filing to interview. This time could be shorter or longer depending upon the field office that will handle the case. There are a lot of forms and documentation required to properly prepare the case. I encourage you and your girlfriend to meet with an attorney to understand the process fully. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Good day, there are two main issues in your case, aside from those ordinarilly faced by visitor visa appicants.  The first is the overstay of the visa.  Since it wa 14 years ago you should be abel to overcome this by showing you are firmly established in Ireland and have no intention of coming to the US to stay but only to visit your daughter.  The second issue is the child endangerment felony, which is fairly serious and most likely qualifies as a crime of moral turpitude (the statute for every state is different so the NJ statute would have to be carefully reviewed fir accuracy).  Assuming it is a crime of moral turpitude, you are inadmissible to the US, but are eligible to apply for a waiver under section 212(d)(3) of the Immigration Act.  Applying properly is a time consuming process and the most important part is knowing what to submit in order to convince the US consulate that you are in fact rehabilitated and deserving of the issuance of the pardon and visa.  If you would like assistance with this, please contact our office and schedule a telephonic appointment. Our telephone number in the US is (619) 291-1112.   Best regards, Jan Joseph Bejar, Esq.... Read Answer

Employment contracts are often heavily in favor of the employer. Whether the contract would be enforceable is a matter of employment/labor law in the state where the contract is executed or the choice of law provision of the contract. You should have the contract reviewed by an attorney before signing. ... Read Answer

Once you marry, you can file an immigrant visa petition on his behalf. While deportation is always a risk when one is in the country without authorization, the risk is low unless he is arrested. Your husband will not be able to adjust status in the United States given his manner of entry. He will obtain a visa through consular processing. This will require him to obtain a waiver for his unlawful presence. This waiver is based upon hardship to you if you had to relocate to Necico or live apart from your husband. He will likely qualify for the provisional waiver, which allows him to have it approved before going to Mexico for a visa interview. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The DREAM Act (DACA) is only temporary relief with work authorization. You would have to have some other basis for permanent residence. The chances of a general legalization being passed are of course better with a Democratic president and Congress. Hopefully that will come into being with the November elections.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

Adjustment of status may be used by someone in F-1 status to become a lawful permanent resident. However, adjustment of status is only available if an immigrant visa is immediately available to you. You cannot file an application for adjustment of status if your priority date or application filing date is not current. In your case, you indicated the process would take about ten years. This indicates that you fall into a presence category and must wait years for a visa to be available. If this is correct, you cannot file for adjustment of status at this time. You could only do so in about ten years when the visa is available. You are not authorized in the United Srates simply because an immigrant visa petition is pending. You also are not entitled to employment authorization. Upon the completion of your studies, you will need to depart the United Stafes or change your status to another nonimmigrant category. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

He should be able to travel with a valid visa, proof of H-1B transfer, and evidence he has maintained nonimmigrant status. The new I-94 should be valid until the date indicated on the H-1B transfer and extension or his passport validity date, which ever is shorter. You can read more about H-1B visas at http://myattorneyusa.com/work-visas.... Read Answer

You would need either a family member or employer to file an immigrant visa petition on your behalf. Your sister could not petition for you until she becomes a citizen. You do not need to be in the country for a family member or employer to petition for you. You can read more about inmigrating to the Unites States at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

Where an individual has an H-1B filed on his or her behalf which states that the petition is for consular processing and not for change of status, the cap gap extension does not apply. Your college was wrong in informing you otherwise. It would not appear to be contrary to the rules for you to request a STEM extension under your circumstances. If the H-1B is approved and the petition was marked for consular processing, you would not receive a change of status. For the H-1B to go into effect, you would have to go outside the US for a visa interview and stamping. While cap gap extension should technically not apply in your case, a valid one will continue to be valid during the course of an RFE response up to the ending date of every cap gap extension, September 30. 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

It is controversial with U.S.C.I.S. as to whether an H-1B that began over six years ago is still allowed to be used for cap exemption purposes where there is a new petition. Adjudications have been varied where the situation has presented itself. The further difficulty in your case, however, is that any time used in L-1 status is also counted against the six-year limit of an H-1B. It would thus appear that if U.S.C.I.S. were to honor the first H-1B as conferring cap exempt status on the second petition and approve the second petition, it could only do so for a limited number of months – that amount of time that you have left after deducting all time spent under H-1B and L-1 statuses.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

Yes, it is plausible the petition was denied but the information was not updated on USCIS's website. Unfortunately, the information on the website is not always up to date. Your brother and his attorney should have been mailed a copy of the decision. At the very least, his attorney should be able to provide a copy. Your brother can also contact USCIS by phone to verify a denial was issued and request another copy of the decision be sent. You can read more about removal of conditions at http://myattorneyusa.com/removing-conditions-on-permanent-resident-status-derived-from-marriage.... Read Answer

No. You can only obtain a green card based upon domestic violence if the abuse was perpetrated by a qualifying family member. You may qualify for a U visa if you are a victim of a qualifying crime but only if you have cooperated with law enforcement. There is a path to a green card but there are specific criteria that must be met. It is not clear whether you were the victim of a qualifying crime and whether the incident was reported. You can read more about the U visa at http://myattorneyusa.com/u-nonimmigrant-status-u-visa.... Read Answer

I would not be concerned at this stage. When a decision cannot be made, the officer must check the decision cannot be made box. It does not mean your case will not be approved. Given you had a speeding ticket, the officer may need to verify with a supervising officer your case can be approved. USCIS has 120 days to make a final determination. If you have not received a decision in 120 days, I would encourage you to speak to an attorney. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

If you believe your husband committed marriage fraud to obtain his green card, you should notify the U.S. Department of Himeland Security. You can find contact information at https://www.ice.gov/webform/hsi-tip-form. You may also be able to obtain a maintenance order against him from family court but that may difficult if he is leaving the country.... Read Answer

You may only file for naturalization after you have been a resident for three years. You will need to file a Form N-400. You will also need to file a Form I-912 to request a fee waiver. You can find the forms and instructions at www.uscis.gov. The fee waiver is not automatically granted. You will need to establish economic need. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

The United States does not recognize second marriages such as the one your husband entered. Your husband would have to have first divorced you and then married in order for the U.S. Government to recognize the marriage. The only way he could petition for this second spouse would be if he submitted fraudulent information and/or documentation. ... Read Answer