New York Immigration Legal Questions

For preserving a residence in the US for naturalization purposes, a six-month absence has a rebuttable presumption that you have lost the residence. Absences of 12 months and more are almost conclusive evidence that the residence for purposes of naturalization is lost. That occurs even if the individual has obtained a reentry permit. I would suggest that you not apply for naturalization at this time as an application would be risky.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

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What is his immigration status? Was he a Permanent Resident? Asylee? Undocumented? Was there a conviction? How did the case get sent back to criminal court? Was an appeal granted and the conviction overturned? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your friend's situation.... Read More

No, you will not get into any trouble for "harboring" your husband. However, since your husband overstayed his visa, he may need a waiver for his unlawful presence. I would suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your situation, advise you of your options(and, if possible, make sure that the necessary paperwork and documentation is properly presented so as not to delay the process. Good luck.... Read More

B-1 is a business visa and not appropriate in your case. A common reason which individuals in your situation of dependent whose status is ending give is to spend more time taking care of arrangements before having to leave 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 More

You have been out of status since you ceased your employment. It does not appear the new H-1B grace period applies to you given your employment was terminated before the regulation went into effect. You do not appear to have triggered enough unlawful presence to trigger a bar to admission, but consular officials and CBP have broad discretion. The sooner you depart the better. You can read more about H visas at http://myattorneyusa.com/work-visas.... Read More

The company may be able to sponsor you for an H-1B visa depending upon whether the position is a speciality occupation. You would likely not be able to change your status in the U.S. unless you or the employer is cap exempt. If neither you or the employer is cap exempt, you wil have to go through the lottery process. Your potential employer can file the petition on April 1st for work beginning October 1st. You can read more at http://myattorneyusa.com/introduction-to-h1b-visas.... Read More

If you are deported back to the US by Canadian authorities, the US Department of Homeland Security would know and would likely begin proceedings to challenge your right to remain in the US with the green card. Whether or not to detain you would likely be a joint decision of Customs and Border Protection And Immigration and Customs Enforcement.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

You need to look up the procedures based upon the county where you live. Each county's procedures vary. Most county's publish information about the process as well as documents needed to get married on their websites. Once married, you can start the green card process. You can read more about the green card process at http://myattorneyusa.com/adjustment-of-immigration-status.... Read More