New York Immigration Legal Questions

This unfortunately sounds like a bad idea. You and your boyfriend are contemplating an adjustment of status for him in the US, yet thinking of him going home to finalize his affairs in Canada before returning as a visitor and then trying to file for adjustment and advance parole during the time that the application is pending. That plan sounds like preconceived intent to go around the immigration laws which separate nonimmigrants from intending immigrants. You may have problems because of that, and the best recommendation is that he not go home, that you marry and file for his adjustment of status and advance parole, and he waits until the advance parole is approved before he goes back. You can file as soon as you are married and the period of time for an advance parole is generally 3-6 months.  The alternative is that you marry and file for his permanent residence with the idea that he will interview for the green card with the American consul in Montreal.  He may be allowed to visit you for short periods during the time of processing (approximately 1 year) or you can visit him in Canada. 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

Qualifications for an L-1 visa are that there is a proper relationship between the US company and the overseas company, and if your mother owns three restaurants and will own the restaurant in the US, there appears to be the proper relationship; the person to be sponsored must work in the overseas operation for at least one of the past three years prior to filing; and the work being done must be either executive, managerial, or involve special knowledge. No one can guarantee you a visa, but your chances are good if the three conditions are fulfilled. 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 a K-1 visa, you would file an I-134 affidavit of support since this is a nonimmigrant visa. If your mother is living with you, you could perhaps adapt the form to include both of you for the support. If your mother is living apart, she could perhaps file another I-134 form. After your fiancé is admitted to the States and you are married, an I-864 affidavit of support will be required for the adjustment of status. You would have to fill it out, and your mother could join in with an I-864A supplement if living with you. If not, she would be filing a separate I-864. If your mother files her taxes as married, she would likely have to include the spouse in the count of the number of people in her household. An I-134 is judged at 100% and an I-864 125% of the poverty guidelines.  I do note that although the above are the rules, we have sometimes been surprised by a consulate asking for an I-864 for K-1 processing, so it may be safer to prepare both.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

Is it an adjustment of status application? Are you filing for a work permit and/or a travel document? If no travel document or work permit, then the filing fees would be about $1700 but a little more if you are filing the work permit and travel permit. Counsel anywhere in the USA can represent you. Some of us charge very affordable flat fees-(less than the filing fees). Discuss with counsel for a free consultation. ... Read Answer

If you are  US citizen, you can sponsor him for his green card. As for his financial sponsor, you can enlist a joint financial sponsor who can file the paperwork for that portion of the case. Some of us charge very affordable flat fees to handle the case from start to finish. Call to discuss. ... Read Answer

To return to the US as a permanent resident, the first hurdle is that you have to have a basis to immigrate. DHS will not allow a person who has been a former permanent resident to use the former basis to come back. Therefore if your brother or sister wishes to petition for you, you would have to wait approximately 12 years for the backlog to clear under the F-4 category before immigrating. Assuming that you have some viable way to immigrate sooner, the 10 year bar for having been deported may well be overcome, but the question is whether you are inadmissible for other reasons, such as crimes or fraud/misrepresentation. If there are other bars, you would have to obtain waivers before being allowed to immigrate. If you are subject to no other bars and wish a nonimmigrant visa to return to the States, you would apply directly to the American consulate or embassy if the purpose is to visit and usually to U.S.C.I.S./consulate or embassy if you wish a temporary work 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

You should discuss this issue with your sponsoring company or agency's attorney who is handling your file. If theres no one to talk to, you should retain counsel to assist. A full review of the facts of the case will be needed before including any documents and specific advisory opinions in your visa petition. ... Read Answer

Generally speaking, it currently takes about 12-13 years to immigrate through the F-4 category for siblings of US citizens. An immigrant visa is not assured at the end although the percentage of success is very high. A factor that could come into play is President Trump's proposal that the category be abolished completely. Also the visa applicant must be of good moral character and not have incurred a bar to coming to the US such as convictions, fraud or misrepresentation, terrorism, communism, or even not passing the public charge ground which is being made much tougher by the president. 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

Most clients in your situation opt to bring their fiancé over on a K fiancé visa. She can process the paperwork at the foreign consulate and once it’s available, she can travel and marry you within 90 days of entry. After that, she can adjust status to get her green card. If she travelled as a tourist , she may be viewed by the officer who ultimately conducts the marriage interview as having preconceived intent and thus committing immigration fraud. I tell all my clients to go ‘by the book’ and be honest and process the case ethically. My office has a very affordable flat rate fee to process , from start to finish, these types of cases. Good luck.... Read Answer

If your spouse is a US citizen, she can sponsor you for a green card at the consulate overseas if you are there. If you are already in the US and you entered the US legally, you can adjust status to obtain a green card here, despite if you are currently out of status. Counsel anywhere in the USA can represent you. Some of us charge very affordable flat fees. Good luck. ... Read Answer

The brother files a petition for the brother and not for the brother's wife. However, as long as you are still married when the immigrant visas are close to becoming available, you can join the case as your husband's dependent and immigrate 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

Your US citizen fiance can only file the case to sponsor both you and your son (assuming he was a minor when both of you got married) after you get married. Once the case is filed, it takes about a year for both of you to acquire Lawful permanant residence. Your work authorization can usually be issued shortly after the case is filed..usually in a few months. Counsel anywhere in the USA can represent you. Good luck. ... Read Answer

The question is – where are the kids? If they are here and legally residing in the States under some type of nonimmigrant status, you may be able to adjust them immediately to permanent residence since the visa chart for July 2019 shows open visa availability for the F-2A category (LPR filing for spouse or unmarried child under the age of 21). If your children are not in the U. S., you will have to wait until U.S.C.I.S. approves the I-130 petition for alien relative, the petitions must then go through consular processing, and the kids can only be interviewed after that if the priority date (date of filing I-130 petition) is current. A rough guess for the time process would be approximately 2 years if that was the case. 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

As you have the I-797C receipt notice, you are able to use that to file an I-485 adjustment of status application to permanent residence for your wife at this time if you are a US citizen and she entered the country legally. You would attach a copy of the I-797C receipt in the I 485 filing to show that the I-130 petition is pending. U.S.C.I.S. will process the I-485 and usually link the 130 petition with the I-485 filing in time for 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

If you received a notice to provide more evidence, that means that U.S.C.I.S. has already received your case and is only asking for the additional evidence at this time. Your fee has certainly not been lost, and you should check carefully to see what U.S.C.I.S. is requesting to ensure that the evidence that you initially provided was sufficient. If you believe that it was, you can send it again, but I note that U.S.C.I.S. usually asks for evidence because it is not satisfied with what was originally submitted. 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 fail to see how the question would come up during an immigration inspection at a port of entry since you left on time. If you are visiting the US again six months after leaving, and have a good nonimmigrant reason for the visit, you would likely have no problem on entry. 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

Unfortunately this is the risk that F-1 students face when they either want to or have to go overseas to obtain a new visa to reenter the US. In these days of emphasis on security threats, many applications are being held up in administrative processing. Although it may or may not help, you can ask your school to contact the American embasy or approach a congressman or senator's office, explain the situation of hardship, and attempt to have their offices contact the embassy. 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