New York Immigration Legal Questions

If you wish to remain in the US, you would likely have to file for another extension of your status even though the current application is still pending. Otherwise you may be in the unenviable position of having an approval which does not extend up to the date that you are still staying in the US.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

Approval of a Form I-130 Petition for Relative Alien does not, by itself, authorize presence in the U.S. or entry into the U.S. Moreover, it (as well as your marriage itself) can demonstrate "immigrant intent," i.e. an intention to remain in the U.S. permanently, which could make him ineligible to re-enter the U.S. with the B1/B2 visitor's visa I presume your husband already has. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

You appropriately recognize that correct and precise identification of names can be essential for success in an immigration application. While it may be possible to initiate a name change application in the Superior Court in the county in which you and your wife reside, that is unnecessary. Your wife has the option of identifying your last name as hers following marriage, but in the immigration application process she should clearly show that she also has been known by her maiden name (as reflected on her birth certificate, and presumably as reflected on the marriage license). It is unnecessary for Social Security records to be updated prior to completion of a marriage-based adjustment of status application process. Identification of names is just one of many topics that can be significantly more complex than it may appear just from reading the instructions on the immigration forms and reading the immigration statute itself. Errors can cause significant delays or even more harsh consequences. It would be wise for you and your wife to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer

Significantly more information is needed in order to provide a legal analysis of what may need to be done and when it should be done. That might include, for example, in what family-based visa category was the I-130 filed? is the beneficiary located in the U.S.? is a visa "currently available" in the applicable category? Etc. There really is no substitute for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read Answer