North Carolina Immigration Legal Questions

Your facts do not disclose many of the items that would be necessary to give good advice. I assume that your husband has left the country and you want him back. However, you have not disclosed your present immigration status or that of his parents, and that would be relevant in seeing whether he could have a chance of returning if he is under a 10 year bar for unlawful presence in the US for a year or more. I suggest that you make an appointment with an immigration lawyer who can go over all your available options taking into account all of the facts.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

You are not able to hold TN and E-2 status concurrently. If you would like to change your status to E-2, you would need to concurrently file an E-2 Company Registration petition, along with the Individual E-2 application. Your company would need to first be incorporated and viable. Please note that this information is not intended to be a substitute for specific legal advice in a given situation.  If you have any questions about these issues or any other area of Immigration Law please contact our office.  ... Read Answer

U.S.C.I.S. regards the three-month residency requirement to either be applicable to the state or to the U.S.C.I.S. field office's jurisdiction. So in your case, you would be fulfilling the three month requirement whether in North Carolina or South Carolina as long as they both fall under the jurisdiction of the same immigration office.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 summary, you said, "Deportation during entry into US," and by that, I assume that Customs and Border Protection actually deported him back to Singapore. In that case, he has a five-year bar against returning to the US. If he believes that the judgment was unfair, he can request a review of the decision from the port director of the port of entry. Otherwise if he has very good reason for returning to the US before the five years, he can request advance permission to return on form I-212 after visa interview and denial to the Admissibility Review Office of U.S.C.I.S. if applying for a nonimmigrant visa, or to the Phoenix lockbox of U.S.C.I.S. if applying for an immigrant visa. It is indeed a huge issue returning to the US if an individual has been given an order of removal at the port of entry.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

With a Masters degree in agriculture, a likely way to stay permanently may be through the employment based categories which require sponsorship from a US organization. There may also be other options available. I suggest that you make an appointment with a knowledgeable immigration lawyer who can go over all options with 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

The following information is from the U.S. Department of State, Bureau of Consular Affairs concerning obtaining Birth Records from Bangladesh: "Registration of birth is required in Bangladesh under Construct 21 Rules. The Government of Bangladesh has designated local registrar offices throughout Bangladesh for issuance of birth certificates. Applicants should contact the designated office in the locality where they were born. The authorized registrar office is usually the City Corporation, the Pourashava Office, the Union Porishad Office or the Cantonment Board. In some rural areas, the municipal Chairman's office provides registered birth certificates. The format of the birth certificate should include biographic data, the serial number of the register, the page number of the register where the data was recorded and the identity of person who registered the birth. Embassy Dhaka will not accept affidavits of birth from relatives, friends and neighbors". In lieu of a Birth Certificate (where a Birth Certificate does not exist), the USCIS will also accept a Non-Existence Certificate issued by the official government authority, along with two Birth Affidavits from two elder living relatives, e.g., parents.... Read Answer

Although no guarantee of success, your fiancé can show proof that he has attempted to obtain police records from the countries in which he has resided for six months and more since the age of 16. A good-faith effort such as giving all pertinent data about himself including addresses in each country and the specific period of time spent there may be helpful. Proof of delivery to the appropriate organ in the countries would be part of the good-faith effort. The appropriate agencies in each country for police records are contained in the Foreign Affairs Manual of the US Department of State.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

Under the F-2B category for unmarried sons and daughters over the age of 21 of green card holders, the waiting time is approximately 7-8 years. You may or may not be able to adjust status in the US as TPS for purposes of adjustment of status remains controversial with U.S.C.I.S. I would assume that you will know one way or another by the time that your priority date is available for filing adjustment of status the final views of the agency and the federal courts.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

You are not required to obtain an H-1B visa before seeking permanent residence. Your employer can start the process while you are in the U.S. with a TN visa. The issue will be timing as travel outside the U.S. can be an issue as a TN visa does not allow for dual intent. You can read more about the employment-based immigrant visa process at http://myattorneyusa.com/employment-immigration.... Read Answer

In applying for citizenship based upon the three-year rule involving marriage to a US citizen, U.S.C.I.S. expects that the alien will be constantly with the US citizen spouse. Whether you can do it on the basis of three years where the wife traveled to India for six months may depend upon whether your wife had more than one trip, e.g. three trips of two months each, the timing in between the trips, or whether you accompanied her when she traveled to India. If your wife traveled to India one time for six months without you, I doubt that U.S.C.I.S. would allow you to take advantage of the three-year rule.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

Hello, At this point you really need an attorney to review all that has happened and guide you to any available options for your situation. This is too complex for you to try to do on your own. You may find an attorney on the "Find A Lawyer" tab on Lawyers.com or by contacting your local state bar. Good Luck.... Read Answer

The child could be deported only if he/she is not lawfully in the United States. Assuming the child is a U.S. citizen, he/she cannot be deported. The child and mother are free to leave the country with the father. Whether they can obtain legal status in the father's native country will depend upon that country's laws. It would be best for the father to fight his deportation. You can read more about deportation defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

CBP determines whether someone can be admitted. Even with valid ETSA a person can be denied entry on the VWP. Your friend's overstay effectively cancelled her ERSA by operation of law. To return to the United States, your friend will need to apply for a visa at the U.S. Embassy. She may also need permission to reapply for admission. It will depend upon what exactly transpired during her last entry. Your friend should have an attorney review any paperwork she was given by CBP.... Read Answer

You would have to have an alternate status to which you could change in order to ask U.S.C.I.S. for a status change. Such would be requested on form I-539 application to change/extend status in the U. S. 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

Possibly. It would depend upon whether you are subject to the two-year home residency requirement do to your recent J-1. Does the visa indicate you are subject to 212(e)? Were you outside the United States for a year? You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read Answer

Having United States children does not confer a right to remain in the United States. A United States citizen child could petition for you to receive lawful permanent residence if he/she was at least 21 years of age. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is difficult is not nearly impossible. The high school student could attend public school for a maximum of one year in an F-1 visa. However, the student will need to pay the costs of the education. You need to contact the school district to determine how much the cost would be. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

No, she would not be able to come to the United States once you petition for her. She would need to wait until the petition is approved. Only after the petition is approved can she apply for immigrant visa. Your girlfriend will require an additional step given she was subjected to expedited removal. She will need to request permission to reapply for admission. The entire process will take approximately 12 to 18 months. You can read more about petitioning for a family member at http://myattorneyusa.com/family-immigration.... Read Answer

Are you in removal proceedings? If so, your risk of being deported is great if you do seek relief from removal or, at the very least, administrative closure. If you are not in removal proceedings then your current risk of removal is minimal unless you are an enforcement priority. This is not to say you could not be removed. Sometimes individuals are simply in the wrong place at the wrong time. I encourage you to speak to an attorney to explore your options. ... Read Answer

Your husband may be able to return through an immigrant visa petition filed by you. Your husband should NOT attempt to re-enter the country without permission as this can cause irreparable harm to his ability to immigrate lawfully. Your husband may require waivers to return depending upon his immigration and criminal history, if any. This is a situation where you really need to consult an attorney directly. With additional information an attorney can explain what can be done and the process involved. In the interim, you can read more about petitioning a family member at http://myattorneyusa.com/family-immigration.... Read Answer