New York Immigration Legal Questions

As you are over the age of 18 and a U. S. citizen, your father cannot legally force you to go back with him to Africa. 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 More

  Part of the difficulty here is the timing and the other part may be questioning the bona fides of a marital relationship in which one party joins at the last moment. Diversity Visa lottery applicants and their families must be fully immigrated to the U. S. by September 30th of the year of selection. 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 More

A concurrent filing of an I-130 Immigrant Petition and I-485 Adjustment of Status application to Permanent Resident is an option for an Immediate Relative, such as a spouse of a U.S. Citizen. With the concurrent filing, one may also apply for an I-131 Advance Parole Travel Document and I-765 Employment Authorization Document, which provides for work authorization and travel authorization while the application is pending. The I-131/I-765 benefits can take up to 90+ days for approval. Please note that this provides general information and is not intended to be a substitute for specific legal advice regarding an individual matter.  As the immigration laws are constantly changing, we strongly encourage you to work closely with legal counsel when pursuing any immigration benefits.   ... Read More

If you have already filed an I-130 petition and she has filed for an I-485 adjustment of status, she is allowed to remain in the U. S. while the application is being adjudicated. She is in a quasi legal state in which the illegal presence bar does not apply. 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. o:p>  ... Read More

Although Pres. Trump would like to have all undocumented immigrants out of the US, there are approximately 11,000,000, a Herculean task. Most likely you would just join the ranks of the undocumented. If you wish to see what can be done about your immigration, you should consult an immigration lawyer who can go through your possible options. 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 More

There is nothing precluding an individual from marrying a student on an F-1 visa, and having her send out the OPT prior to the marriage is probably a good idea as it gives options in the event that something goes wrong with your application process.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 More

The age gap between two spouses is just one factor that a an immigration adjudicating officer may take into account to determine whether the couple lives together in a bona fide marital relationship. When accompanied by a strong set of supporting documents, a 25-year age gap should not stand in the way of succeeding in a marriage-based application. Exactly what constitutes a strong set of supporting documents differs from couple to couple. It would be wise for you and your boyfriend/fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about immigration eligibilities, options and strategies, and could offer legal representation in the often complex application process.... Read More

Generally, registration for selective service is required of Permanent Resident males age 18 - 25, and those who fail to register because they do not want to be registered can be ineligible for naturalization due to lack of good moral character and/or lack of attachment to the laws and Constitution of the U.S. Failure to register because one was unaware of a need to do so, however, is different. For a male between the ages of 26 and 31 who failed to register to nonetheless remain eligible for naturalization, he must demonstrate that his failure to register was not a "knowing and willful" failure. For this, the person may seek a status information letter from the Selective Service showing a current attempt to register, showing they were not permitted to register because he is over age 26, and confirming that they failed to comply with timely registration. At a naturalization interview/examination the USCIS adjudicating officer will question the applicant under oath on this subject in order to make a determination about whether the failure to timely register was knowing and willful. The officer may examine a sworn declaration explaining a failure to timely register and may examine other evidence of an applicant's good moral character. For a male who has reached age 31 (five years beyond the maximum age for registration requirement), the immigration legal analysis is different. It would be wise for you to work with an immigration attorney in connection with your goals of becoming a naturalized U.S. citizen.... Read More

It depends upon the documentation of your relationship. There are two to three parts to the process at both USCIS and the State Department. I strongly recommend an appointment with a competent and experienced immigration attorney, where you want the process to go smoother and thereby faster, but not fast. It can take about a year, perhaps longer. Some may be disqualified.... Read More

Once a foreign national becomes married to a U.S. lawful permanent resident (holder of a "Green Card"), it becomes extremely challenging to persuade immigration authorities that the foreign national intends to enter the U.S. with an F-1 visa to study and then return abroad after completing her studies. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all the relevant details about each of you and your goals, could advise you about immigration-related eligibilities, options and strategies.... Read More

In general, eligibilities to adjust status to become a Lawful Permanent Resident (to get a "Green Card") fall into two main categories: family-based applications and employment-based applications. If you believe you may have a family relationship or employment opportunities that could form a basis for adjustment of status, you should consult with an immigration attorney. Upon learning all of the relevant information about you and your family relative and/or employment opportunity, the lawyer will be able to advise you about eligibilities, options and strategies.... Read More