New Jersey Immigration Legal Questions

There are several options available to your family. What option would be best would depend upon more specific information about each family members' education, experience, and skills; investment involved; and specific plans for the company. As an F-1 status holder, you may be able to represent the company so long as you engage in no work on behalf of the company. Working without authorization would violate your status. Given what is at stake this is a situation where you should consult an attorney directly. You can find more information on options at http://myattorneyusa.com/investment-immigration.... Read Answer

Not all employment visas can be transferred to another employer. What type of visa do you hold? Assuming your visa can be transferred, the new employer can file a petition transferring your status to their company. You may begin work upon receipt of the case. It is advisable to wait to start work until the filing receipt is received. You can read more about work visas at http://myattorneyusa.com/work-visas.... Read Answer

Not all employment visas can be transferred to another employer. What type of visa do you hold? Assuming your visa can be transferred, the new employer can file a petition transferring your status to their company. You may begin work upon receipt of the case. It is advisable to wait to start work until the filing receipt is received. You can read more about work visas at http://myattorneyusa.com/work-visas.... Read Answer

There is no Dream Act. You are applying for deferred action under DACA. There is no path to residency through DACA. DACA is a deferred action program that keeps the government from seeking your removal from the country and providing you with employment authorization and the ability to travel outside the country in some circumstances. You may be able to apply for lawful permanent residence of you have some other basis such as marriage to a United States citizen but not solely because you are granted DACA. You can read more about DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca.... Read Answer

Anyone can contact DHS to report someone not authorized to be in the country. Whether DHS will actually investigate the report is another matter. You could be placed in removal proceedings regardless of your mother's immigration status. Your stepfather may be able to petition for you to receive a green card if you were under 18 at the time of marriage. You should consider contacting an attorney to see what you can do to obtain status. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You have to get an immigration attorney who understands criminal charges in the state of your residence. This case involves how federal law interconnects with the state law that results in a possible removal proceedings at the worst, or the processing may just be delayed by USCIS asking for an explanations through their "request for evidence" at its mildest.... Read Answer

If you came illegally to the country, you would not be eligible for adjustment of status unless you also qualified for the benefits of §245 (i) in which under the most current version, you would have to have a labor certification application or immigrant visa petition filed on your behalf by April 30, 2001, and been physically present in the country on December 21, 2000. Otherwise the forms that you mention have no applicability to you except for the I-130 petition for alien relative which you say is already approved. Currently if your wife is a US citizen, you may be able to apply for the Administration's I- 601A provisional waiver program under which the 10 year bar for staying in the US illegally for at least a year is waived if you can demonstrate that a return to your home country permanently would cause extreme hardship to your spouse. If your spouse is a permanent resident, the I-601A program will expand to include her in the very near future. The beauty of the I-601A provisional waiver program is that you can make the application, stay in the US to see its result, and if approved, schedule an interview with the American consulate or embassy in your home country. The visa interview would in all likelihood be normal. 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. Was there a legitimate reason for filing separate from your husband? How long ago was the shoplifting charge? Since we do not have all the facts, it is impossible to give a meaningful answers. 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 situation and advise you of your options.... Read Answer

You can always submitted a written request to exepedite any pending application or petition. You will need to provide specific reasons why your case should be expedited. You should submit supporting documentation of possible. It is up to the discretion of USCIS whether to expedite the application or petition. In the interim, you can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Assuming you are a United States citizen or permanent resident, you start the process by filing a Form I-130 with USCIS. You will need to submitted a completed Form along with the required initial evidence. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Your son may be asked about why he abandoned his permanent residence twice already. However, if he has no negative criminal or immigration history, he will likely be approved. Your son really needs to make sure to not abandon his status if granted a third time. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Unfortunately, there are substantial delays in the adjudication of asylum applications for individuals from Syria. This delay is often the result of background and security checks that must be completed on each applicant. Have you tried going to the asylum office to inquire about the case status? Have you tried contacting your Senator or Congressperson? You can read more about the asylum process at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

Typically, the derivative children must appear for the interview, but each Embassy has its own procedures. We're visa applications completed for each child? I would encourage you to work with an experienced immigration attorney and not simply someone who works in the immigration business. This is especially true given it appears the interview needs to be rescheduled and there may be other issues. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

You need to seek reinstatement of your status. To be successful you will need to show the termination was through no fault of your own. You will need to prepare a detailed statement as well as document the situation to the extent possible. I would encourage you to work with an experienced immigration attorney and not rely on an agent. You can read more reinstatement at http://myattorneyusa.com/reinstatement-of-f1-status.... Read Answer

If your mother is 70 years old and still in the United States, you would be best off applying for her adjustment of status here in the States if that is the wish of both of you. For that, you would not only be filing the I-130 petition, but also the I-485 adjustment of status along with all the other related forms and documents and filing fee. The fact that she qualifies as the immediate relative of a U. S. citizen exempts her from the requirement of maintaining status in order to file for adjustment of status to permanent residence.  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

You may be eligible for a waiver of the "permanent" bar after you have been outside the US for 10 years. At that time, you could apply for one and it would be adjudicated in accordance with law. One of the things that will be considered is the aggravated felony even if the criminal conviction was vacated. In the eyes of DHS, an individual can be declared inadmissible if he or she admits the facts of the barring act. 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 a lot more involved in obtaining L-1 status than simply opening a business. The U.S. company will need to file a Form I-129 on your behalf. You and the company will need to meet several requirements including: (1) you must established you worked for the foreign company continuously for one year during the past three years; (2) you must be coming to the United States to work in an executive or managerial capacity; (3) a qualifying relationship between the companies; and (4) the companies are doing business. There are additional requirements for new offices. A change of status will be requested as part of the process of you do not wish to leave the country. You can read more about the L-1 process at http://myattorneyusa.com/overview-of-requirements-for-l1-and-l2-visas. ... Read Answer

If the alien is in the United States, a fiancé visa is not required. You can move directly to filing for the green card. A fiancé visa is utilized where the alien is outside the United States.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