New York Immigration Legal Questions

In looking at the various service centers of USCIS and their published times in adjudicating changes of status to “other” categories like B-2, they are generally taking a long time. The Texas Service Center is taking between 10-13 months, California Service Center 19-25 months, Nebraska Service Center 9.5-12 months, Vermont Service Center 11.5-15 months, Potomac Service Center 10.5-13.5 months, and the National Benefits Center 2.5-4.5 months. I note that USCIS adjudications have been delayed because of the pandemic, and have hopefully begun to speed up. 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 may be possible to change from F-1 student to B-2 tourist, but such is mostly impractical at this time to a number of situations. The USCIS service centers are generally backed up on this type of adjudication and could well take over nine months and even longer to make the adjudication. If you file, you will receive a receipt, but it may take a long time before you receive an actual decision. If you decide to file and are still in the US by the time that your requested time is close to expiration, you should leave or take some other action to preserve your nonimmigrant status. Please note that a change of status is not a visa, it is only notated on a paper. If you travel outside the country, you would need to apply for a tourist visa in most cases to return as a tourist. 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

Under the F-4 preference category of American citizens filing for siblings, the current wait is approximately 14 years. USCIS does not allow an individual to file form I-485 currently unless the category is within striking range (usually by using the filing dates monthly visa chart of the Department of State). Sorry. 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

Initially, travel to India at this time in the time of pandemic is not advised and you may not be able to return because of the new travel ban of the Biden administration. That being said, it is difficult for me to imagine that the American consulate or embassy would have knowledge of your protection from abuse civil restraining order since you did not violate it. If it did, however, it might ask you for an explanation of the entire incident or incidents leading up to the PFA. Dependent upon your responses, the consular officer would make the decision. 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

Whether you will be issued a F-1 visa where your mother has already applied for your permanent residence through form I-130 will be a decision within the discretion of the consular officer. He or she will attempt to determine whether you have the proper nonimmigrant intent before making a decision. Factors such as the anticipated length of your schooling, length of time before the immigrant visa becomes available, financial status of your family, ties and bonds with the home country, and overall impression at the time of the interview may be determinative. 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 are correct that five years of information should not apply where an applicant is applying under the three year and not five-year rule for naturalization. However, in most cases, we will have the client provide five years to avoid the possibility of challenge at the time of interview. In some instances where we think that it is warranted, we stop our client’s information at three years with a note that the applicant is applying under the three year 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

One of the questions on the green card through marriage application is whether you were arrested or charged with any crime in the United States. If you were arrested or charged with possession of marijuana, then you should answer yes. If you were not certain whether you were arrested or charged with possession of drugs, then it's best that you retain counsel for advice.          ... Read Answer

Your friend the U.S. Citizen Petitioner must file the I-864. If her husband's income makes up most of the household income, he can fill out the I-864a or she can find a co-sponsor from a different household.   Please note that my response is for general informational purposes. Attorney-Client relationship has not been formed due to my response.... Read Answer

An eligible individual on a B2 visa can apply for the L1 Visa. Please kindly note that the requirements for the L1-A Visa is quite stringent and I would recommend you reach out to an experienced immigration attorney for a consultation to see if you are eligible.   Bests,  Shafi Chowdhury, Esq. schowdhurylaw.com... Read Answer

If the petitioner/ex-wife withdrew the petition, the first step is to make sure that such withdraw was effective and in fact processed. Second, this issue should be addressed in a new application because the consular office will probably ask about it. It is also necessary to know the I-130 petition was approved or not. ... Read Answer

To file for TPS an applicant must meet the statutory requirements, basically residence and physical presence in the U.S. since the declaration of the country as TPS country. Venezuela national must have been in the US since March 9, 2021. Other than that, a marriage in good faith should not raise concerns. ... Read Answer

You should be able to file for your biological father without difficulty. You will not be able to file for your stepmother as a marriage is required for Immigration to recognize the relationship, and such marriage would have had to be celebrated before you turned the age of 18. With regard to your stepbrother, any such petition that you file would be based upon the stepbrother’s relationship to his biological father. For this, you would have to be able to show that your father either legitimated or took parental concern in his welfare before the child turned 18. Perhaps you could immigrate your father first, and he obtain a divorce when he comes to the US. Then he could possibly marry your stepmother outside of the Philippines, and petition for both her and your stepbrother if the stepbrother is under the age of 21. If over the age of 21, your father would have to put in a separate application for your stepbrother. Please note that I do not profess to know divorce law, and you should consult with an attorney familiar with such before relying on the above advice. 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

The payment of fees depends upon stages of the case. For the I-130 petition, you only have to pay one fee of $535 to the Department of Homeland Security. When the I-130 petition is approved, and when it is time to submit the immigrant visa application to the National Visa Center, you or your sister would have to pay multiple fees for each member of the family that is eligible to immigrate. 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

You may want to talk with an attorney to have a clear idea of your immigration options and whether the expiration of the green is a problem. Even if the green card itself is only the evidence of the legal status and what gives legal status, it would be better to discuss it with an attorney. That said, you get a driver's license you need at least two documents that prove your identity. If you apply for the renewal of your green card, that document, together with others, may allow you to get the license. ... Read Answer

The best strategy would be for you to acquire US citizenship, and then turn around and petition for your mother. If you are a green card holder who has been married to a US citizen for four years, then you qualify to apply for US citizenship now. That process takes roughly 6 months, and then you can turn around and sponsor mom.If mom is in the United States, when you sponsor her, then she could adjust status to get her green card without going back home.... Read Answer

It is not necessary for a petitioner to be in the United States while an I-130 petition is pending. However, once it is approved he should be aware of the dates for filing the rest of the papers if an immigrant visa is available. Regarding income, if it is not enough the petition must account with a joint sponsor. ... Read Answer

Your daughter’s petition is under the F-2B category for adult unmarried children of permanent residents. That category only has immigrant visa availability for filing I-485 applications for adjustment of status for those petitions submitted before 5/22/16 for most countries of the world. Work authorization can only be filed in your circumstances where there is visa availability. So unfortunately, your daughter will not be able to obtain employment authorization. Please note that she is also not allowed to stay in the country legally just on the basis of an I-130 petition filing. 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

I believe that you have mentioned two of the more viable ways that an individual who is aging out can remain in this country. We generally recommend F-1 visa unless there are more viable options like marriage to a permanent resident, US citizen, or nonimmigrant with long-term status. I note that if you have a short-term wish to stay, you can submit an application to change status to B-2 visitor. 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

In order for you to file an I-485 application, you must be legally eligible to file such at the time of filing. An improper filing is not cured by obtaining advance parole and being paroled back into the country. If you properly filed for adjustment of status, you would not have to file for an advance parole. Assuming that you have a pending asylum case with USCIS and not the immigration court, a request to withdraw the asylum application may be helpful if the asylum office agrees to the request without doing anything further, but possibly harmful if the asylum office decides to issue a notice for you to go to immigration court at the same time. 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

If the criminal case is vacated as the judgment was wrong and not just to help to make an individual eligible for US immigration, such would take away the stigma of the criminal charge and place the individual in the same position immigration-wise as he or she was in prior to the charged act. If he or she did not hold permanent resident status, he or she would still have to have a basis to return. If the individual was previously a permanent resident and this was the only bar, he or she should work with DHS on the necessary procedures to return to the country. 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