North Carolina Immigration Legal Questions

If you have physically met your fiancé within the last two years, then you can sponsor her for her K visa. It takes roughly a year from the time that you apply until the time that she gets her interview at the Consulate to get her K visa. Once she enters the United States, you have 90 days to get married, and then after that she can adjust her status to get her green card.... Read Answer

I do not believe your wife needs to cancel the H-4 interview if you were in the US on June 24, 2020, even though the Department of State has not been entirely clear as to who is subject to the presidential proclamation of 6/22/20 affecting nonimmigrants. The Department did say, however, in June that where the principal is in the US, derivative dependents could apply for a national interest exception. Then in July, the Department posted guidance clarifying that derivative dependents who are not otherwise independently exempted from the restrictions are automatically exempted where the principal applicant is not subject. One of the examples provided for a principal not being subject was one who was in the US on the proclamation’s effective date, June 24, 2020. Good luck to your wife if you were here on that date. If not, the consulate could theoretically still issue the visa as the ban is against entry and not visa issuance. 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

In your situation, to work legally in the US with your petitioner, you either need H-1B status or employment authorization through an EAD. As you note, an EAD may take 150-180 days. Therefore, if your previous employer wishes you to work immediately, it would have to file for an H-1B transfer. 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 the month of September, the process for a parent filing for an unmarried son or daughter over the age of 21 is taking approximately 5+ years. If your brother files for you, the present waiting time is approximately 14 years according to the visa bulletin. If you wish, you can have both file for you. 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

No it won't but you will still need to meet the minimum income requirements based on your household size or if you can't meet them then qualify on the strength of your assets. If you can't meet either of those tests, then you will need to enlist a joint financial sponsor. Additionally there's a new declaration of self sufficiency form that the beneficiary must fill out that tests whether they are likely to become a public charge. Work with an attorney to help you so that your case is processed correctly. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee.... Read Answer

  If you entered the US legally, you would generally be eligible for adjustment of status. In such circumstance, if it was only an oversight on the part of your husband or you to not file for adjustment of status along with form I-130, you can do so at this time and attach a copy of the I-130 filing so that U.S.C.I.S. can see that the petition is pending. If there was some other strategy involved, then you may wish to speak to an immigration attorney. If you have questions as to whether you are eligible to adjust status, you should also consult with an immigration attorney to go over all your 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 Answer

The total period of time that an F-1 student on OPT/STEM extension can be without work is 150 days. A good question is whether DHS will accept remote work in another country as authorized STEM extension work. Another question may be whether the STEM extension in the US is even needed as part of your training since you appear to be able to carry on your work in another country. To your technical question of whether a person can reenter the US after obtaining the STEM extension EAD, you should have the card, validly endorsed I-20, valid visa except if you are also a national of Canada, valid passport, and evidence of your job offer. 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

Generally speaking, a person cannot change names on citizenship papers from any country without having some legal right or record to the changed name when it is different from the name on the birth document. For example, the US allows name changes as a part of the naturalization process, but notates naturalization certificates with the legend showing the change of name. I would assume that there is some record in the country of your second citizenship which accounts for that country's acceptance of a different first name. You will need to obtain that record. Then you can present that with your original certificate of birth. Insofar as translations are concerned, you do not have to go to your consulate of your original country. You only need to go to a competent translator who can verify fluency in the home language and attest to the accuracy of the translation. 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

Probably the better place to send it is the National Benefit Center since you have information that the case is there. The other address in Chicago is just the lockbox which collects the fees and forwards the case to the location where the work will begin to be done. Looking at the form numbers that you wish to withdraw, you are apparently the petitioner who no longer wishes to petition. If you and the beneficiary used the services of an attorney, you could ask him or her for a copy of the I-130 receipt. (There is no receipt for an I-864 affidavit of support form). 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

The immigrant spouse has to complete a medical examination. If the US citizen sponsoring spouse is on disability then it's likely he/she doesn't have the minimum income to financially sponsor the immigrant spouse. Consequently the US citizen will need to find a friend or family member to act as a joint financial sponsor. Discuss your case with counsel anywhere in the USA. ... Read Answer

As you are both overseas, you will have to file new paperwork with U.S.C.I.S. – either an I-130 petition or I-824 application for action on an approved application or petition if the I-130 petition was approved and is still sitting in the local field office or service center and was not forwarded to the National Visa Center (NVC). The NVC upon obtaining the I-130 petition file would then request support papers from you, and you would have another opportunity to submit a joint I-864 affidavit of support from a friend or relative that would demonstrate that your wife is capable of being supported when she enters the US. In your situation in which the petitioner has an impediment to working, it is always best to have a co-sponsor whose income and assets are well above the poverty guidelines. 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

Assuming that the OPT extension application was sent to the correct mailbox, you should receive the receipt of filing within 30 days. If your case was rejected for any reason, you should have received the rejected application by now, have corrected the deficiency, and sent it back in. I do not suggest resending another file to U.S.C.I.S. as you may wind up paying twice for the same benefit and possibly repeat a mistake. A USPS receipt unfortunately only says that the application was received and not that it was filed. Technically it is not proof of filing and thus not a document that an employer can accept as proof of authorization to continue employment. That being said, some organizations are more lax than others in asking for immediate proof of continuing work authorization. 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

The short answer is the back due support won’t affect your ability to sponsor your fiancé for her visa. However you must also act as her financial sponsor and your child will be considered your dependent when calculating the requisite income threshold to meet the minimum level to act as her financial sponsor. Accordingly you may need a co sponsor to assist with meeting that minimum income requirement. Discuss with counsel about your case. Counsel anywhere in the USA can represent you.... Read Answer

There is a possibility that you may encounter a problem at the time of interview if the consular officer believes that the employer and you were trying to jumpstart your date of employment.  There is a risk if your employer takes this path. Interviewing in a third country near the USA increases the chances of rejection as many consular officers believe that the persons best able to handle initial cases are consular officers in the person's home country. You may be asked to go back to your home country for interview by a third country consulate if you decide to take that path. 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

Assuming that this is a simple shoplifting in North Carolina, a conviction would not make you inadmissible to the United States. You must disclose any arrests and convictions to U.S.C.I.S. in your adjustment of status application. It is always a good idea to have a lawyer represent you in court on criminal cases. 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

Unless you received an order from an immigration judge or U.S.C.I.S. denied or revoked your J-1 visa, you are not barred from coming back to the States. Whether you can successfully apply for a C1/D visa will be up to the consular officer who adjudicates your application for such. Such visa is decided in the discretion of a consular officer. You would not appear to be under a 10 year ban. 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.   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 long as you did not violate customs regulations in bringing the money to the US, and if it was not money made through unauthorized work, there should be no negative consequences from paying $40,000 for a car here in the US. 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

Since the case was dismissed, it is my opinion that you would not be inadmissible on your next entry to the U. S., especially if the circumstances are that you only left your children alone at home for 25 minutes. Please note, however, that many nonimmigrant visas are discretionary, and if you have to apply for one, the episode might be held against you. Please also note that you must disclose any arrests on visa applications. If you are applying under the visa waiver program, the question may be easier for as the ESTA application questions the seriousness of the arrest or conviction. 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

Donna, in order to marry someone in Dubai, you first have to figure out where you are going to get married. Is the man coming over to US or you going to Dubai and get married? After you get married if you want to bring your husband to US than you will need to petition I-130 form for a spousal visa. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read Answer

Namastey, The fact of the matter is that you have overstayed the B2 visa and may be considered to have an unlawful presence in the United States, which will follow any route you take.  Your best possible option herein would be to adjust your status, whether you marry a US Citizen or the F1 like you proposed and or a pending asylum application if you submitted one. If you decide to leave the United States to go to any country, you won't be able to apply for a new visa at any consulate. You will also be opening you the door to ten-year ban as well. If all your family members will become US Citizens or if any friends or relatives are, Adjusting your status under arrange marriage might be very beneficial. Please contact an attorney directly for your concerns.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have an Immigration lawyer available in North Carolina. Feel free to give us a call for a free consultation. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Immigration Lawyer in North Carolina.... Read Answer