New Jersey Immigration Legal Questions

Your friend must apply for a visitor visa. You do not need to send him an invitation letter but you can do so if you wish. A visitor visa can work if your friend can demonstrate he will depart the United States after a brief stay. This requires showing ties to his country. A J-1 visa is a completely different matter. He would need to be sponsored by an employer for a J-1 program. There is not enough information to determine if this is appropriate for him.  You read more about nonimmigrant visas at http://myattorneyusa.com/us-nonimmigrant-visas.... Read Answer

Your attendance at public school should not prevent you from adjusting your status unless you engaged in fraud or material misrepresentation. Given your concern, you may want to consider working with an attorney. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Unfortunately, you do not appear to be eligible to recapture the old priority date, because you fall into a different preference category. Had you not been married at the time your mother filed the second Form I-130, you would likely be able to recapture the priority date. Were you married at the time the visa became available? Did you notify USCIS or the NVC? If so, you could possibly argue you were in the same preference category. You can read more about priority date recapture at http://myattorneyusa.com/recapturing-priority-dates-for-family-sponsored-immigrant-visa-applications.... Read Answer

You must be a lawful permanent resident for five years in order to be eligible for naturalization. You may be eligible to seek naturalization in three years if you are married to a United States citizen and living with them. You must also meet other requirements including showing you have been a person of good moral character, meet physical presence requirements, and continuous residence requirements. You can find more information about the process and requirements at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

Hello. I'm sorry to hear about yoru situation. The US Supreme Court will decide by June 2016 whether to approve President Obama's executive order regarding parents of US citizen children or DAPA.  If approved then you should be able to be protected from deportation and will get a work permit. Also, if you were abused either mentally or physically or both by your US citizen husband then you may qualifiy for permanent resident status as a battered spouse. Please contact me for a free consultation to determine if you would qualify for the battered spouse petition.... Read Answer

1. No, you could enter in advance parole, but it would be best to obtain a new visa. 2. Your wife and children would be out of status. This may not be an issue if they have each filed a Form I-485. 3. Speak to your employer's attorney to plan how to best proceed. You do not need to extend your L-1A if you have an application for adjustment of status pending.... Read Answer

Hello. As a widow of a US citizen you should be eligible to continue your visa process. An investigation needs to be done with USCIS to determine why your process is taking so long.  You can either call USCIS or schedule an INFO Pass appointment at the local USCIS office. I can assist you with this investigation.  Please call me for a free consultation.... Read Answer

Hello. Unforturnately with our current laws you do not qualify for a work permit. Before June 2016 the US Supreme Court should decide on Deferred Action for Parents of American/LPR children.  If they find this executive action to be lawful then you may qualify for a work permit as the parent of a US child. Please contact my office for a free consultation.... Read Answer

Where individuals are applying for naturalization based on the five-year rule, the 30 month physical residence rule is mandatory. The absolute minimum physical presence is 30 months, and you should not make an application until you are sure that you have 30 months physical residence during the past 60 months before application. I further note that many immigration officers may give individuals problems even where they meet the bare minimum eligibility requirement of 30 months.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

USCIS may excuse late filings to extend non-immigrant status on form I-539 application to extend/change status under the following conditions: 1. The delay was due to extraordinary circumstances beyond your wife's control; 2. The length of the delay was reasonable; 3. Your wife has not otherwise violated her status; 4. Your wife is still a bona fide nonimmigrant; and 5. She is not in removal proceedings.  Hopefully the adjudicating officer will believe that the company's failure constitutes extraordinary circumstances if your wife submits the application.    ... Read Answer

Unfortunately, your circumstances do not describe a case for political asylum which can only be granted for reasons associated with political opinion, nationality, membership in a social goup, race, or religion. If there is more than you describe, perhaps a case may exist.  In any event, you may wish to consult an immigration lawyer to go over any viable options available to you. 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. It depends on the type of visa she has, ie, immigrant or nonimmigrant visa. Please inform of the exact visa type and when it expired. My firm has clients throughout the United States.  I would be happy to assist with her immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com  ... Read Answer

You are eligible to apply for your N-400 on your eligibility date even though your I-751 is still pending. However, you will not be granted citizenship unless and until the I-751 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

From our understanding, you can change status even if the OPT is denied in 2 situations – before completion of studies and your son would then have a full 60 day grace period; and after completion of studies but before the 60 day post completion period end date, and your son would have 60 days from the date of the decision. If the OPT is denied after the 60 day grace period, there would be no additional period of time. If out of status, he can request a late change of status from U.S.C.I.S., but if denied would have to leave the U. S. for consular processing if he wanted to be in legal nonimmigrant 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

You will you will likely be able to obtain lawful permanent residence of you marry a United States citizen. A definitive answer would rest on what your intentions were when you entered, how long you have been in the country, and when you learned of the pregnancy. The pregnancy will not complicate the matter. Your biyfriend will need to speak to his employer about health insurance benefits. I would encourage you and your boyfriend to consult an attorney to discuss the matter in detail. ... Read Answer

There is no legal requirement that an adult child sponsor and apply for both parents, and indeed the child may petition for just one parent. Significantly more information is needed, however, to assess eligibilities, options and strategies for you to sponsor your father. Especially since you are less than thoroughly familiar with immigration processes, it would be wise for you and your father to work with an immigration attorney.... Read Answer

Your father can petition for you as his adult child. However, since you are over the age of 21, you will not be considered an immediate relative and you will fall into a preference category. This can mean that you will have to wait a very long time for a visa to become available so that you can receive your green card.  ... Read Answer