New York Immigration Legal Questions

There is no automatic right to return using a B-1 or B-2 extension receipt. Each entry will be judged on its own merits. The idea of returning with your receipt is to show that you did not unlawfully overstay your period of visit in the US. Such an overstay would automatically invalidate your 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 More

There is nothing sacred about the I-130 form. You can print it out and either type in or write in the correct information. With the number of form changes at USCIS in the past couple of years, there is much room for correction. 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

Yes. If you're a US citizen, you can apply for your fiancé but you will need a joint financial sponsor if you don't have sufficient income to do that on your own. If she entered the country legally and no other grounds of inadmissibility exist like crimes and past immigration violations, then she should be fine. ... Read More

You probably need another plan since a sibling petition takes approximately 12 years to turn into a green card. There are probably other quicker ways to immigrate, e.g. marriage, employment sponsorship. In addition, persons here in the country who are being sponsored as siblings under the F4 category must ultimately leave the US for consular processing to obtain permanent residence if they are not legal. DACA is not considered a legal nonimmigrant status. The difficulty is that you would be under a 10 year bar for having stayed in the US unlawfully for one year or more if you left 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

I am not sure that your wife will require an SB-1 visa to return to the United States under the circumstances that you describe. It is still a long time until your wife will be one year outside the United States. At that point, she may or may not require an SB-1 visa. I note that the permanent residence card allows trips of up to but not including one year although CBP may give a hard time to someone who is six months or more outside the United States on any one absence. If still within the one year, CBP may be amenable to the excuse of inability to return because of Covid-19 and your condition. Even if a year or more, CBP has discretion to allow a permanent resident to enter the US. In the latter situation, however, you can certainly try to get the SB-1 visa if you think that it can be obtained. Having the visa in hand before attempting reentry would undoubtedly be less nerve-racking to your wife. 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 to stay in touch with NVC at least once a year for the case to remain active. You can use ASK NVC function for that. If you do not do that, the case will be terminated and you will have to start the process again. Other than that, there are no time deadlines to submit documents with the NVC. ... Read More

You may file as many I 130 petitions as you wish. The question will be if your parents and boyfriend can adjust or get a visa which depends on many factors such as their entry into the US, waiver prospects: See a detailed explanation here: https://www.shautsova.com/law-publications/i-485-form-adjustment-of-status.html... Read More

Yes the 944 has to be completed. Every case is unique as to the level of income needed. It depends on the household size and the state you live in, etc. Are you a US citizen and did mom enter the country legally. Discuss with counsel. Counsel anywhere in the USA can represent you. Some of us charge a very affordable flat fee for representation from start to finish. ... Read More

The 944 form is a brand new one. This form explores many issues into the personal situation of the intending immigrant. USCIS wants to find out whether the intending immigrant will "likely become a public charge" based on his/her education level, age, health, financial situation, past usage of public benefits and employment prospects.If the interviewing examiner feels that the immigrant is likely to become a public charge then said immigrant could be denied admission into the country. ... Read More

How long have you had your green card? How did you acquire it? How old are you? US citizens have special privileges that allow you to sponsor your parents despite their overstay. Unfortunately green cardholders do not have these privileges. Discuss your case with counsel anywhere in the US via a free consultation. More facts are needed to form an opinion. ... Read More

Unfortunately not. The law does not provide for parents to bring over dependents when they are being sponsored as immediate relatives of US citizens. As you may know, your parents can sponsor both you and your twin sister once they obtain residence status, but that process currently takes about between 5-6 years if you are born in countries other than Mexico and the Philippines. You and your sister would have to stay single during all this 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 More