New York Immigration Legal Questions

I am sorry to learn about the trouble with your son's marriage. If appropriate, I hope the couple may get marriage counseling to try to resuscitate the marriage even if just for the benefit of your grandchild. If your son and his wife no longer are living together and are contemplating divorce, it still may be possible for your son to succeed with immigration, although obviously the matter will be more complex and will require persuading the USCIS that the marriage was valid when entered notwithstanding that it ultimately failed or is failing. It would be wise for your son to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain his goals, and who then could offer legal representation in the often complex application process.... Read More

It indeed may be possible for you to again obtain U.S. immigration benefits for your former wife in connection with re-marrying her. You may apply for a K-1 fiance visa so that she may re-enter the U.S. in order to become married to you within the required time, and then apply for adjustment of status; alternatively you could marry abroad and seek consular processing. Of course, many other details determine eligibility and the best decision among options. It would be wise for you and your former-wife/now-fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

Generally, a foreign national who enters the U.S. lawfully and with inspection, such as with a visitor's visa, and who then becomes married to a U.S. citizen, may succeed in a marriage-based adjustment of status case to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the initial visa may have expired, and regardless of whether the marriage took place before or after the visa expired. Of course there are many additional details that determine eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

Generally a U.S. citizen age 21 or older may sponsor a parent for immigration benefits in the Immediate Relative visa category, and may sponsor a sibling in the Family-based Fourth Preference visa category. There is no backlog for visas in the Immediate Relative category. There is a very long backlog for visas in the FB4 category - while it may appear to be fewer years, in fact the waiting period is likely to be 15 - 20 years or longer, and so that rarely is a satisfactory immigration strategy. Of course, there are many other details that determine immigration eligibility. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant information about your mother and sisters, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

Although not completely clear from your question, I presume that you are a U.S. citizen, your income is relatively low, and you are interested in petitioning for your children to get immigration benefits. If my understanding is correct, then be aware that a citizen's income is merely one detail involved in determining immigration eligibility, and if (1) eligibility requirements otherwise are satisfied, and (2) the petitioning U.S. citizen has insufficient documentable income to meet the Affidavit of Support requirements, then it may become necessary to have a joint sponsor in the application process. Generally, a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support. It would be wise for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More

Generally, when a U.S. citizen marries a foreign national in another country, the couple can succeed with consular processing so that the foreign national spouse can become a Lawful Permanent Resident (can get a "Green Card"). This is true even if the couple lives outside of the U.S., although it would be necessary to show that the couple intends to become domiciled in the U.S. That intention can be shown, for example, through a job offer, the rental or ownership of a home in the U.S., etc. It would NOT be permissible, however, for the foreign national spouse to enter the U.S. with a visitor's visa while intending to reside permanently in the U.S. The reason for this is that a visitor's visa requires "nonimmigrant intent," i.e. an intention to remain in the U.S. only temporarily. Misuse of a visitor's visa can constitute visa fraud, with very harsh immigration-related consequences. It is not surprising to me that you have found articles that seem to be or are inconsistent. Immigration law is a particularly complex area of the law, and of course there are many other details not mentioned in your question that can determine immigration-related eligibility. There really is no substitute for you and your husband to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.... Read More