New York Immigration Legal Questions

From your facts, it appears that your spouse fell out of lawful status after you arrived in the US as an F-2 dependent prior to your spouse filing for asylum. Your nonimmigrant status was based upon your spouse, and you would also be considered out of status. USCIS will generally not approve a change of status application in your situation as you were already out of status prior to your spouse’s asylum filing. I am sorry that my answer cannot be more encouraging. 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

I am not aware of any formal process for Yemenis to overcome the current Trump administration ban on entry to nationals of the country. That being said, any exception would have to satisfy the criteria of urgent humanitarian need, no national interest concerns, and that the waiver would be in the public interest. Probably the best strategy for interview would be to gather up all documentation of the extreme hardship to your wife along with her sworn statement, produce anything that you may have that can show that you are not a security risk, and show any reasons for which it would be in the national interest to admit you to the country. You appear to be outside of Yemen from your facts, and any documentation showing that it is unsafe for you to be in that third country might also be helpful. The chances are likely not good, but best of luck. 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

Yes, you can generally request to expedite your request through USCIS website as well as through a phone call. As the USCIS reviews such requests through case-by-case basis and generally require supporting documentation, acquiring legal representation is integral to ensure this complex situation remains rectified. (The answer given here is general and based on the general facts regarding the question. As a result, the answer does not comprehensively capture your holistic situation and does not constitute legal advice. Please remember it is always best to speak with a qualified attorney regarding the comprehensive nature of your question. As every case is unique, we encourage you to contact mc@barduccilaw.com to speak with a qualified, esteemed, and strategic attorney.)... Read Answer

If you are approved for O-1B prior to your departure from the US, you may encounter two difficulties in deciding to return on the OPT – first, there is a question of intent. You would be making a representation to CBP that you intend to complete your OPT and return home. In this age, it is dangerous to be anything other than on the up and up with CBP. Second, if you do manage to reenter the US under OPT, it is doubtful whether your change of status to O-1B would automatically kick in on July 15. It should also be noted that most attorneys are suggesting that nonimmigrants should not take unnecessary trips outside of the country given the present climate. I suggest that you speak with your attorney before finalizing your travel plans. 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

With the present situation of extreme vetting by the Trump administration, our general recommendation is that nonimmigrants should not make nonessential trips outside the US. If you do go out of the country, however, our recommendation is that you reenter under an O-1B visa rather than OPT. 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 interval between obtaining permanent residency in February and your plan to change jobs in July 5 months later, my opinion is that your spouse should not have a problem on her adjustment of status application because of your job change. It might be a different story if you changed jobs quickly after obtaining your permanent residence since an employment based green card (presumably through PERM labor certification) presupposes a commitment by both employer and employee to have a permanent job for the employee. 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 STEM OPT program requires that you work with an E-verified employer. You are not allowed to work with one that is not on E-Verify. 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 friend’s J-1 is not subject to a two-year home residence requirement, she can seek a change of status to nonimmigrant categories other than H and L in the US. Attempting to switch to tourist or student visa could run into questions about whether she actually intends to leave the US following the expiration of those statuses. A possible problem is that if the U visa application is approved and then a nonimmigrant status is approved, the later approved application will be the one that is valid. Although we are not that familiar with U visas, we understand that U visa applicants are usually allowed to remain in the US under deferred action or parole during the pendency of the application. Other than these observations, I suggest that your friend attempt to keep closer communication with her legal team on her options after the filing of the U visa application. 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 your second question, US citizens should not be worried about travel bans at this time. You, your siblings, and mother should be safe in traveling. The birthright citizenship Executive Order has no effect at this time. On the second question of your mother’s approved petitions for her siblings, President Trump has not yet proposed changing the family preference categories as he did in his first term, but there is a good possibility that he will get around to doing so. In that case, any effect on your mother’s petitions would be determined by the language of the passed legislation. Please note that such a change would require a bill by Congress and could not be done through regulation or executive order. 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

That is a good question for which I do not have an answer. Perhaps a solution is for you to leave the US and reenter the country using the approval of the company for which you intend to work. In most cases, this would involve arranging an interview at the US consulate or embassy overseas to be visaed under the desired company. 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

I will assume for purposes of your question that you are a US citizen. If an LPR, the child can be added as a dependent. However, an I-130 petition filed by the US citizen for a spouse falls in the immediate relative category, which does not allow dependent children. Please note that the new child may be a US citizen if you are a US citizen who has been physically present in the US or its outlying possessions for five years prior to the child’s birth, at least two of which were after the age of 14. In such case, you would apply at the US consulate or embassy for the child’s recognition as a US citizen. If you do not meet those conditions, you would file an I-130 petition for the child. 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 this is the first time that the F1/F2 visas will be used, your son cannot enter the US before you as you are the principal F1. If you had already entered the US using the F1 previously, and were just outside the US on a trip, he could enter before you – but the rules for first-time use dictate that you must enter first or you can both enter together, but he cannot go first. 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

Form DS-160 asks the question, “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?” While fare evasion and a fine is not a large infraction, it appears to fit within the definition of an “offense” and should be put down on the application. You can at the same time explain what happened at the time that you went through the turnstile. 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, E-2 spouses are not required to apply for employment authorization as that is given pursuant to status under the code E-2S. We have heard of situations in which some consulates are still giving the designation of E-2D, and CBP sometimes does not make the correction at the port of entry. In such case, your wife would have to contact USCIS for the correction. I note that some E-2 spouses choose to apply for an EAD just to have a document which clearly spells out that the individual has employment authorization. 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

That depends upon whether your bachelor’s degree was earned in the US or if not, is the equivalent of a US baccalaureate degree – and whether it is related to the position that you will be sponsored for, which must be in a specialty occupation requiring a related bachelors degree. If your bachelor’s degree is not the equivalent of a US bachelor’s degree, you might be able to qualify for H-1B specialty occupation status if you had sufficient related professional work to make up for the lack of a US degree. In immigration parlance, three years of such work can make up for one year of missing education. There is even the possibility of your master schooling being added to your baccalaureate schooling to give you the equivalent of a baccalaureate degree related to the specialty occupation. If you meet those conditions, your employer can sponsor you. For FY-2025, cap H1B registration season goes from 3/6/24 – 3/22/24. If you miss this registration, you would have to wait until next year for the next round. 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 an application from B-2 to F-1, the usual inquiry of USCIS is when was the first contact with the school. This is seen as more relevant in determining the intent of the individual upon coming to the US than applying for a driver’s license or opening a bank account. 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