New York Immigration Legal Questions

You need to update your driver's license once you moved. You have to change your address. If your driver's license show a CT address but you are called for an interview in NY you will be sent to CT for an interview and vice versa. So your DL has to be from the state where you actually live.... Read Answer

Looking at the TSA website, the TSA would allow someone to carry brass knuckles in luggage but not on the carry-on. So it is unlikely that your incident is either a CIMT or aggravated felony. That being said, a B-2 visa is given in the discretion of a consular officer. It would be up to you to bring whatever evidence you have and attempt to convince the consular officer that you are deserving of the discretionary 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

Generally speaking, a simple one time DUI would not make you inadmissible. Any criminal encounter could cause delays in your case as officers many times review cases involving incidents with their supervisors before making final decisions. 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 assume your spouse or adult child who is sponsoring you is a US citizen ? I also assume you also entered the country legally, ? If that's the case then you do qualify to be sponsored for a green card barring any grounds of inadmissibility. As every case is unique reach out to an immigration lawyer for a totally free consultation. Counsel anywhere in the USA can represent you. Also the new public charge rules went into effect on February 24th and counsel can also explain whether you are at high risk or low risk for being denied. Good luck. ... Read Answer

U.S.C.I.S. is most interested in N-400 applications with addresses near the time of filing to determine whether the case is properly filed. For mistakes in addresses, you can correct those with the immigration examiner at the time of the interview. 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

Although your mother could file an I-130 petition for you, that process is approximately 5-6 years for persons born in countries other than Mexico and the Philippines. I note that you would not be eligible for adjustment of status under her petition at the end of the process unless you are also the beneficiary of §245 (I) under which you or your parent would have had to have a labor certification application or visa petition filed by April 30, 2001 and have been physically present in the country as of December 21, 2000. If you win your asylum case, you would be eligible to apply for adjustment of status one year thereafter. I  further note that if you are ultimately able to go through with your mother's case and you have not been placed under removal proceedings or had an order of removal, you may or may not be able to self sponsor yourself financially depending upon what the law looks like in 5-6 years and whether you still hold a work authorization card. 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

It is largely up to you whether to continue schooling after having filed an I-485 application since the I-485 filing generally freezes your case with U.S.C.I.S. until the time of interview. Our usual recommendation is to continue schooling since there is the possibility of preserving a nonimmigrant status if anything goes wrong with the I-485. If you stop schooling, you would have no backup. 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

Technically you are eligible for asylum, but questions may arise as to the level of your fear of persecution since you appear to have been using the passport of your home country and have been traveling in and out – apparently without fear of the authorities. A new set of circumstances since your last entry giving rise to a fear of persecution could largely allay those concerns. 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

Yes, your brother will have to start from the beginning. A green card is nullified by deportation/removal. In addition, a waiver of the deportation/removal would have to be approved if your brother has not been outside the US for the required period of 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

Once you are married, She  can apply for a spousal visa (as opposed to a fiancé visa) at the US consulate overseas. That process takes longer than a fiancé visa, more than a year but less than 2 years and is less expensive as far as processing fees paid to Uncle Sam. If she gets married on a tourist visa and then remains here that would technically be considered immigration fraud. Why? Because she obtained a temporary B visa but her concealed intent was to remain permanently. Consider working with an attorney so that the case is processed correctly. Some of us charge a very affordable flat fee to handle the case from start to finish. Good luck. ... Read Answer

If he needs another 2 semesters to complete , then you should right now apply for a spousal visa-that is available to couples where the US citizen spouse is here in America and the foreign spouse is overseas. As of late 2019, it is taking roughly 12-24 months to get the I-130 approved, and once that is complete, then a visa application form is submitted to the NVC, and when the NVC sees that all the paperowk is in order, they send it to the foreign consulate near where your spouse lives where his interview will take place. Thereafter, he will be approved for his immigrant visa and then a green card when he gets to the United States. Consider working with counsel to help you. Counsel in any state can represent you and some of us, including me, charge a very affordable flat fee to see the case through from start to finish. ... Read Answer

If a parent enters the country on a temporary visitor visa with the concealed intent to apply for a green card and reside here permanently, USCIS would consider this immigration fraud. If your mom wants to apply for her green card, you should do it honestly so that the case is handled properly. Retain counsel anywhere in the USA. Some of us are very affordable. ... Read Answer

Generally speaking, most individuals who have been in the US illegally for one year or more are barred from returning to the country for 10 years. That being said and assuming that you are subject, you could apply for a nonimmigrant visa and request a temporary waiver during the time requested to stay in the US. A US consular officer or immigration inspector would have to recommend the waiver, and it would be adjudicated at the Admissibility Review Office of U.S.C.I.S.  If you have any basis to immigrate and you are subject, you would apply for an I-601 waiver of inadmissibility at the end of the process which requires you to prove that denial of such would cause extreme hardship to a qualifying relative – a US citizen or permanent resident spouse or parent.  You would apply to U.S.C.I.S. after your immigrant visa application has been denied at a US consulate or embassy.  In lieu of applying for waivers, you could wait outside the US for 10 years after which you would no longer be subject to the 10 year bar. 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

Unemployment is not the same as a means tested benefit. You already earned the money by contributing to the fund during the time that you were employed. It should not negatively affect your husband's application although you will still need to demonstrate that he is able to be supported by either you or your cosponsor. 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

Perhaps your brother could send you a detailed resume of himself, and you could send a number of copies to companies or other organizations that might be interested in his education and skills. They could possibly interview him via telephone or Skype, or your brother might even be able to arrange to visit the US if potential employers are interested in in-person interviews.  If willing to go futher, they might be willing to sponsor him for a temporary work visa or even permanent residence. Currently (except for those born in China and India), successful labor certification sponsored cases for green cards are taking approximately 2 years and less to process. As the unemployment rate is now very low - 3.5% - the chances of success are high since the labor certification process tests the US job market for available US workers, and most are already currently employed and not looking for work.  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 you only wish to stay in the US for another few days to visit friends, you do not have to do anything at all as the P-1 visa has a 10 day grace period at the end of the status. 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 there is a medical malpractice action, you should be able to file. You could attempt to change your status to B-2 visitor if there is a need for you to remain in the US because of your injuries. If approved, you could possibly file for extensions of that status until U.S.C.I.S. denies your extension request. If seriously injured, you could apply for deferred departure, although the Trump administration has shown disfavor for such requests. If you have to leave the US, your attorney could possibly write statements on your behalf to the American consulate or embassy to support your request for visiting visas to come to the US during the times that you are required to appear for your suit. 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 unfortunately no relationship between you and your daughter-in-law that would allow you to petition for her. Unless she has some other relative who is sponsoring her or can sponsor her within a short period of time, or an employment opportunity in the US, she would likely have to wait until your grandson reaches the age of 21 to petition for her assuming that he is a US citizen by that time and that the law has not changed to disallow petitions of US citizens for their parents. 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 standard for immigration misrepresentation is that the misrepresentation must be material to the application. If you are immigrating through employment, this would likely not be material to your application. If you are immigrating through the family based categories, it may depend upon what category you are immigrating under. 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

For your mother to petition for you as a married son of a US citizen, it would take approximately 12 years. If you divorced, the waiting time is approximately 7 years. Please note that these estimates are based upon the present visa chart and assumes that you are not born in Mexico or the Philippines, in which case you would have to wait a longer period of time. In addition, as you are probably no longer holding legal status, you would likely be subject to a 10 year bar for having remained in the country illegally for over one year. For such a situation, you would have to file an I-601A waiver-of inadmissibility based on extreme hardship to your mother when your priority date is close to becoming available. You would also not be eligible for adjustment of status would have to consular process your final immigration. 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