New York Immigration Legal Questions

I 140, PWD, and premium processing are not your forms: they are filed by the employer and the employer is the attorney's client. I 485 form, I 765 are your forms. You can consult with a malpractice attorney regarding the delays, however, keep in mind that the employer's portion of the case is not technically yours even through you are the beneficiary, and it is the employer not you who would have to 'sue' if there are violations of standard of care and damages.... Read Answer

If your employee filed for an extension of their EAD and received a letter confirming that their original EAD is automatically extended for 180 days from the date of its expiration, a company may continue employing them. You can look at I 9 employment book and see what documents may be accepted as proof of employment eligibility. ... Read Answer

You are correct that where your H-1B is valid until 6/2022 and your wife has H-4 status until the same date, you do not need to extend your wife’s status as it is not dependent upon the employer but upon your maintaining H-1B status. Your wife may wish to do so, however, to keep the same date as yours on your H-1B transfer. If you decide to file the I-539, your wife would put in the same proposed date of validity as your new H-1B on box 1 of part three. 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

When filing for a TN visa extension with USCIS, only a copy of the passport is required. Please note that USCIS does not do anything with the passport and only issues an I-797 s notice of approval if it decides to favorably adjudicate the TN extension request. If you travel outside the US, you will still have to pass inspection with Customs and Border Protection when you reenter the US in which the officer will take a look anew at the merits of your request for TN extension. 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

For TN extension, you can either go outside the US and cross back over with the adjudicator being Customs and Border Protection or you can request USCIS for an extension in the US. You would use form I-129 with the TN supplement. The address to mail to USCIS is: USPS, FedEx, UPS, and DHL deliveries: USCIS Vermont Service Center Attn: I-129 TN 38 River Road Essex Junction, VT  05479-0001 I-129/I-907 Premium Processing Premium Processing Service USCIS Vermont Service Center Attn: I-129 TN 30 River Road Essex Junction, VT 05452-3808 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 you are not certain on how to process and prepare all the documents and collect all the documents that need to be obtained, then I suggest that you retain counsel to Represent you throughout the entire process. Some of us charge a reasonable flat fee and handle the case from start to finish.... Read Answer

You will need to consult with an attorney to see if your husband qualifies for any relief from removal. I 130 helps only if you guys can prove real marriage and your husband qualities for adjustment of status or I 601a waiver. During the process for adjustment of status or Immigrant visa, you need to show you have sufficient income to sponsor your husband. That is when taxes come into play. If you cannot demonstrate that you have sufficient income, you will need to find a joint sponsor. Also, joint taxes help proving real marriage ... I hope to guys work with an experienced attorney.  If youare looming for more information of issues related to green card based on marriage you can check it out here: https://www.shautsova.com/m/law-publications/green-card-based-marriage-usc.html.  ... Read Answer

As it is difficult to know your husband's case from just your fact situation, I suggest that you may wish to make an appointment with an immigration lawyer to go over your husband’s situation and to express an opinion if you are really worried. Otherwise, you can continue to wait. 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 depends. You may be able to qualify under the violence against women act and thereby self petition without his involvement. Spousal abandonment may constitute a form of abuse that may constitute grounds to self petition under the VAWA act. However I would not represent yourself in this type of case. You should get counsel to represent you from start to finish.... Read Answer

You can file for a replacement card by filling out an address change if you have not received it in the mail. If you have been married for more than two years at the time of the consular interview then it's likely you received the permanent card. If you received the temporary 2 year card then it's going to be challenging to remove the conditions to get the permanent card when it expires. Retain counsel for representation. ... Read Answer

The status check information is unofficial and, in your case, obviously confusing. If you properly appealed the denial, you will receive a decision in writing. I suggest that you wait for it. 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

For the month of October 2021, the F4 category for sponsored siblings of US citizens is available for immigration visas for those who filed before March 22, 2007 for all countries of the world except for India, Mexico, and Philippines natives who must wait longer. If born in all other countries, the waiting time is thus 14 years currently. 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 applying for a discretionary visa like J-1, there are generally no guarantees that the visa will be issued by the consulate or embassy. Although your wife is not the direct beneficiary of the I-140 petition, she may be asked whether you have filed any immigration petitions. A good factor for your wife to point to if such comes up is that you have elected consular processing instead of an adjustment of status application. On the question of an impact to the immigration visa process, your wife’s applying for the J-1 visa would not impact it as long as she does not make any misrepresentations on form or speech before the consular officer. Under recent guidance, a dependent family member does not have to state on the nonimmigrant visa form that he or she has applied for a visa petition. You have indicated the better strategy if deciding to apply for the J-1 visa to make the application first and then continue paying the IVP fees and completing the DS-260 form. 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 sister can apply for you while you are here in the States, but her petition does not give you any rights to stay in the country while your case for immigration is pending. For the month of October 2021, the F-4 category for sponsored siblings of US citizens is available for immigration visas for those who filed before March 22, 2007 for all countries of the world except for India, Mexico, and Philippines natives who must wait longer. If born in all other countries, the waiting time is thus 14 years currently. 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

Practically speaking, it would not appear to make much consequential difference as to what you do vis-à-vis your work where USCIS has already approved your I-485 adjustment of status application. If the unofficial online notice is correct, you should receive the official notice and green card shortly thereafter. The date should coincide with the unofficial online notice date. Technically speaking, however, employment authorization on the green card does not begin until you receive the green card itself. Your C9 card which I understand that you did not use is expiring next week, so you are authorized to work under that until next week. You have said that your OPT is expiring in 2022. So if you have not yet received the green card, you should technically be able to continue work on your OPT until you actually receive the physical green card. I do not believe that this is a fish or fowl situation. Interesting question. 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 looking over our cases since the beginning of the year (which we do not separate by service center), only one employment authorization application based on adjustment of status has been approved. Nebraska has a posted EAD processing time of between 7.5 –9 months. 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 is highly doubtful that you can get an expedited request granted. There are millions of people that are waiting all over the world to come to the United States. The Covid virus has caused enormous back logs in every US consulate all over the planet. They do allow for expedited requests based on humanitarian grounds and emergency medical situations, but being in love or being apart from your loved one for an extended time period is not a sufficient enough basis to be granted an expedited request.... Read Answer