New York Immigration Legal Questions

Generally, if a foreign national entered the United States lawfully and with inspection, and becomes married to a U.S. citizen, the couple may succeed with a marriage-related adjustment of status case by which the foreign national spouse can become a U.S. Lawful Permanent Resident (get a "Green Card"). Generally, the federal government's USCIS will recognize a marriage as lawful if it was lawful where it took place, and so the validity of a marriage to a first cousin will be determined by the laws of the state where the marriage takes place. Of course, there are many other details that determine eligibility for this type of application process. It would be wise for you and the woman you plan to marry to consult with an immigration lawyer who, after learning all of the relevant information about you and the woman, would be able to advise about immigration eligibilities, options and strategies and would be able to offer legal representation in the often quite complex application process.... Read Answer

Best wishes for your plans to become married. Generally, if a foreign national entered the U.S. lawfully and with inspection, such as with a B1/B2 visitor's visa, and later marries a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application process by which the foreign national spouse can become a Lawful Permanent Resident (get a "Green Card"). The process includes such things as filing a properly prepared and fully documented Petition for Alien Relative, Application for Adjustment of Status, Application for Employment Authorization Document, biographical information forms, Affidavit of Support (a joint sponsor may be needed if the U.S. citizen spouse does not have sufficient documentable income to meet the I-864P requirements), etc. A full "step-by-step" set of instructions will depend upon details applicable to each spouse. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information, could advise about immigration eligibilities, options and strategies and could offer legal representation in the often quite complex application process.... Read Answer

I am sorry to learn of your relative's drinking problems. Being a "habitual drunkard" (a strange term used in immigration applications) can make a foreign national ineligible for certain immigration applications, but there are no steps that immigration agencies can take to prevent someone from leaving the U.S. to visit India. It would be wise for a professional with skills and experience in addressing alcoholism to provide advice to your relative (and/or to you).... Read Answer

You may still take advantage of the I-601A program under which your US spouse would file an I-130 petition for alien relative on your behalf, and upon its approval you would file an I-601A application to remove the bar of unlawful presence based upon extreme hardship to your US citizen spouse if the provisional waiver is not granted. If U.S.C.I.S. approves the I-601A, you would then begin consular processing with the National Visa Center with the aim of ultimately interviewing with the American consulate or embassy in your home country. Assuming that your only bar to the US was your unlawful presence, your interview would be like any other applicant's for an immigrant visa.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 no expiration date on persons who have been deported for crimes except as related to prostitution offenses. You would have to have an immigration lawyer go over your entire situation to decide whether and how you could again become a resident of the US. Insofar as your question of visiting the country, you would apply for a visa at the American consulate or embassy if not a Canadian national, and indicate that you would also wish to file for a waiver to enter the US as a visitor. The consulate or embassy would deny the visa application as a matter of course, but inform you whether it would agree to accepting a waiver application and if so, tell you the specific procedure involved. Ultimately the consulate or embassy if recommending a waiver would forward the application to the admissibility review office of U.S.C.I.S. which would make a decision. If the decision is favorable, the consulate or embassy would then issue the visa.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

My personal feeling is that even with the amount of experience that you have, lacking any type of post secondary education, a U.S.C.I.S. officer would be hard-pressed to approve an H-1B application for you. In addition, of course, the position that is being offered must be one that normally requires at least a baccalaureate degree in the field of specialization. Finally if your question is whether you can obtain an H-1B status in the US without leaving assuming that the H1B petition can be approved, that might be problematical in terms of timing. The H-1B lottery season begins on April 1, but selection and approval only make the beneficiary eligible to begin work on October 1 at the earliest. You must be able to show U.S.C.I.S. that you are entitled to stay under some type of legal visa status until September 30 to successfully change status in the US. Whether you will be able to extend your present status or change to another status is a question that you may wish to explore.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