New York Immigration Legal Questions

On taxes, you will have to fill out the I-864 and attach a statement as to why you have been exempt from the filing of US taxes. Given the fact that you have not been filing, you should find a joint sponsor to file another I-864 support affidavit unless you have sufficient liquid assets to cover the amount required to sponsor your spouse (I assume that this is for your spouse as children of US citizens are generally US citizens by birth and do not require sponsorship). For that, you would have to look at the poverty guidelines on form I-864P to ensure that you have sufficient assets (three times the required amount). Presentation of job letter, payslips, and non-liquid assets may assist in swaying an immigration officer of whether you are fully capable of supporting your wife and other members of your household. In the event that you are uncertain on this point, you may ask a close friend or relative to file a joint I-864 for your wife. 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

Prior to 2015, changes of location for H-1B holders were not important. That changed with Matter of Simeio Solutions LLC, a decision in which the Administrative Appeals Office (AAO) of USCIS upheld the revocation of a petitioner’s H-1B petition due to changes in the beneficiary’s places of employment, which were not communicated to USCIS. In your case, your transferring from New York City to Philadelphia is not within the same metropolitan statistical zone, and so your employer will have to file a H-1B amendment with USCIS to allow you to legally work in that location. The amendment requires the submission of a new I-129 with documentation and new labor condition application (LCA). 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

Dependent upon how observant the adjudicating immigration officer may be, he or she may consider what effect (if any) the child would have on your VAWA case, and also why you would have failed to mention a child in your I-485 application. For any concerns, an immigration officer can issue a Request for Evidence (RFE) or other inquiry giving you an opportunity to respond. I cannot tell you what the potential consequences could be in your case as I am not aware of your particular facts. 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

Your wife’s case is undoubtedly under administrative review, where reviews can be short or long. It appears that you have done just about everything that you can. You can either continue to wait and do what you have been doing or engage an attorney to file a lawsuit against the Department of State which may or may not be successful in getting the post in Pakistan to make an adjudication. 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

Being denied under INA §217 means that she is not allowed to come in with visaless travel. She should make an application with the American consulate or embassy for a visitor or other appropriate visa to the US and be prepared to explain and overcome the basis for the refusal by CBP to allow her entry. 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

Generally speaking, a F-2A application of green card holder for spouse will likely take about 2-3 years if the beneficiary is born in any country other than Mexico (which will take longer). That category just backlogged on the visa chart for April 2023 from being current to being available for final immigration only to those who filed I-130 petitions prior to September 8, 2020. I note that it is possible that the F-2A category can rebound to a more current date in the near future, but that is uncertain. 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 assume that when you say KY case got denied, that was the naturalization application. Generally speaking, a person with a violation and conditional discharge for one year which has ended is eligible for naturalization immediately. However, naturalization requires that an individual demonstrate good moral character for the required period of time, which in most cases is five years unless married and living with a US citizen. So relevant questions before giving the all clear are what is on the disposition, was there an allocution before the court in which you admitted more than was on the violation, and whether you admitted to an offense other than the violation during the immigration interview. 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

Starting and working in your own separate business while on H-1B status is a violation of that status. It is not legal for you to work and bill for the work when you obtain your EAD. I do note that illegal work will not adversely affect you in the adjudication of a marriage based green card application to a US citizen. 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 expiration of your tourist visa should not have any effect upon your ability to adjust status to the green card in the US. If you decide for some reason that you would like to consular process your case rather than adjust status, you would be barred from coming back for 10 years because of your having been illegal in the US for over one year. To adjust status, you would file Forms I-130 petition for alien relative, I-485 adjustment of status application, and if you wish to obtain employment authorization or advance parole to leave the US during the time of the adjustment application, Forms I-765 and I-131. Documents required would generally be proof of your spouse’s US citizenship, marriage certificate, proof of dissolutions of all prior unions of either one of you, your birth certificate, passport, and optionally (at the time of filing) proof of bona fide marriage and Form I-693 medical examination. 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

You can definitely apply only for your father and not for your stepmother as you are petitioning under the immediate relative category, which does not allow dependents. For you to petition for your stepmother, you would have to file a separate petition. That being said, once your father immigrates to the US, he can file a separate petition under the F-2A category for spouses and unmarried children under the age of 21 of permanent residents and have his wife join him later in this country. 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

It appears that you have the necessary residence in the US (five years with at least two of which were after the age of 14) to transmit US citizenship to your legitimate children. You should make an application to the consulate or embassy on form DS-2029 Application for Consular Report of Birth Abroad of a US citizen child. For your wife, you would have to file an I-130 relative petition for her, have that approved, and she would ultimately interview for an immigrant visa at the American consulate or embassy having jurisdiction in the home country to issue immigrant visas. 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

At the very least, a H-1B transfer to another employer if approvable can be approved up to the end of June 2026 if the employer agrees to sponsor up to that period of time. H-1B visa status is generally good for a maximum of six years. You can probably get the entire three years by showing that you have a valid I-140 petition approval which has not been revoked and in which the priority date has not long passed your country’s availability date. If not through that method, you can also get the full three years by showing that you were out of the US for the period of time that you mentioned since time spent outside the United States while under H-1B visa status can be recaptured. 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 the first place you need to understand that one thing is the expiration of your visa and another is your authorization to stay in the US. Usually B1/B2 holders receive a 6 months authorization. Additionally, you would need an employer sponsor. H1B visas are subject to a lottery. Finally, there maybe other options like doing some study first. ... Read Answer

I typically advise client’s not to leave the country while their adjustment of status application is pending. However, I recognize that family emergencies can happen, so not departing the country might not be an acceptable option.  Yes, you are allowed to travel with your advance parole document.  That being said, I recommend you talk to an immigration attorney to identify any issues that might make traveling outside the country ill-advised. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

ESTA in my understanding does not apply to Canadians. The question to a CBP officer is whether you would be a bona fide visitor. Usually, a bona fide visitor spends less than six months per 365 days in the US. Having been in TN status for six months (presumably within the past 365 days) could raise concerns on the purpose of your stay. If you have a legitimate reason for coming back so soon as a visitor, you can attempt entry visa free since six months is not a hard and fast rule. 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

Unless you have a clear connection with the UK, you may find that the embassy will be less than sympathetic to a request for an H-1B visa appointment as third country cases are generally disfavored. You may wish to continue monitoring the situation in India to see if a slot opens up, and if it does, to grab it. Hopefully, you will be able to obtain a slot to fulfill your plans of returning to the US in January. 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

First, congratulations on your third anniversary. Second, without the ability to ask clarifying questions, any response I give here will be inadequate, so please keep that in mind as you read this. Based on what I can glean from your statement, I think a few things are happening.  1. Your primary objective is to get health insurance for your wife. So that you know, your wife doesn't need an SSN to apply for private health insurance. She might need an SSN for government health insurance. You need to talk to a security disability benefits attorney to determine if she needs an SSN. 2. Your wife is a noncitizen who doesn't appear to have a Green Card. I recommend that you talk to an immigration attorney to help apply for your wife's green card. In the meantime, please visit the USCIS website to become familiar with the green card process. https://www.uscis.gov/green-card All that said, your question was about her eligibility for an SSN. The social security administration (SSA) is responsible for issuing SSNs. The SSA has different eligibility requirements for the two types of noncitizen-applicants (immigrant vs. nonimmigrants). Please refer to SSA's website or visit your local SSA office for up-to-date information. Here is a link to the SSA eligibility requirements for noncitizens: https://www.ssa.gov/pubs/EN-05-10096.pdf.If you meet the qualifications, you can apply online at their website (https://www.ssa.gov/ssnumber/) or visit your local office and apply in person. ... Read Answer

The question would appear to be the relevance of the divorce document. If it was not relevant to the question of your qualification for naturalization, you can submit a new application. If it is germane to the qualification, you should obtain it either by the time that you file for naturalization or by the date of your interview. 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 NVC like other immigration related agencies has been slowed by the pandemic and revenue problems, and so has many delays. Two months does not seem like an overly long time. You may wish to check back again with the NVC before hiring a lawyer. 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 do not know your particular situation and so cannot advise you which one is the better opportunity for success. If you have completed a specialized master related to the position, perhaps your chances are as good or even better with your current company than they would be with the new company. If you are really confused, you should speak with the attorney or attorneys who are handling your case for an opinion. Good attorneys will usually give a candid assessment if you request one. 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

Due to the displacement of Ukrainians, many of whom are viewed as refugees, they will likely have to process as refugees unless they already have a non-immigrant visa to visit.  Note that a person who applies for a B1/B2 non-immigrant visitor visa is presumed to have immigrant intent as a matter of law.  The burden of proof to overcome that presumption which is required seems to outweigh the cost of filing for a non-immigrant visitor visa. The U. S. Consulate in Krakow seems to be routinely denying such humanitarian B2 visa requests.  It is unclear, even if unlikely, whether any exceptions are being made or alternatives provided without careful inquiry. There are other options such as humanitarian parole, but the evidence required often outweighs those who are seeking refuge as war victims.  Again, this latter options will take less time for a decision compared with seeking refugee status, but humanitarian parole is used for purposes different from those fleeing the terror of Putin.  This, given the alternatives provided in Europe. If there is interest in seeking or reviewing the facts and the grounds for humanitarian parole, then schedule a consultation with a competent and experienced immigration attorney who has worked with cases involving humanitarian parole, such as my office.  Particularly, an immigration attorney who will take enough time for a reasonable review, but also provide advice. This is general information, not legal advice, and does not create an attorney client relationship.imm ... Read Answer