North Carolina Immigration Legal Questions

It occasionally happens. Appointments are usually calendars at a service center, but there are occasionally glitches that require the local office to reschedule. The need to reschedule does have any bearing on whether the application will be approved or not. If you are concerned about the strength of your case, you may want to consider having a consultation with an attorney.... Read Answer

Unless there are extenuating circumstances such as 365 days passing since a labor certification application was submitted or an I-140 preference petition being approved for a person from a country with backlogged quota, you would not be able to extend the maximum six-year period on the H-1B visa by having your company file for a new H-1B (capped or uncapped) in 2017.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

This individual should call the police if he feels unsafe or she threatens him. He should also consider obtaining a restraining order against her. He can contact The Department of Honeland Securiity to report her. Contact information can be found at https://help.cbp.gov/app/answers/detail/a_id/735/~/reporting-illegal-activity.... Read Answer

Your husband can petition for you at any time but you cannot remain the country beyond your authorized stay. As the spouse of a green card holder, you must wait for an immigrant visa. A visa is not immediately available. The wait is approximately 1.5 to 2 years. You would not be able to adjust status in the United States if you fall out of status. There is also no visa or nonimmigrant status that allows you to live here while waiting for a visa to be available. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The question is when your mom came to the U. S. The Department of Homeland Security is no longer giving I-94 cards to most people coming into the U. S. Since the last few years, people can access I-94 history and the latest entry by going on the customs and border protection (CBP) website (www.CBP.gov/I94). If your mother came in prior to May 2013 and does not have an I-94, she should file the I-102 with the adjustment of status application. 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

I assume that your friend has a two-year bar because she previously came to the US as an J-1 exchange scholar or student for which there was a two-year foreign residence requirement. A J visa bar is inapplicable to persons who apply for another J or F-1 student visa. In that case, a qualified candidate's visa application is decided in the discretion of the US consular officer.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

Your mother has the burden to prove she was inspected and admitted. An I-94 is proof of admission. If she has a legible entry stamp in her passport this will likely be sufficient. If the entry stamp is not legible, you should consider filing the Form I-102. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration. ... Read Answer

You could file a fiancé visa petition on his behalf. This would allow him to come to the United Stares for the purpose of marrying you and seeking permanent residence.  The other option would be to marry outside the United States. Once married, you could start the immigrant visa process.  You can read more about both options at http://myattorneyusa.com/family-immigration.... Read Answer

No one needs to apply for US citizenship if he or she does not wish to do so. If your question is whether you can apply for US citizenship instead of only the green card, the law requires that you demonstrate good moral character during the five-year period prior to the application (three years if based upon marriage to a US citizen and applying on the basis of three years). If the courts dismissed the three charges against you without having you acknowledge guilt, then you may very well be able to meet the good moral character requirement provided there is nothing else in your background of a negative nature.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

If your husband entered the US legally, and has no other disabilities or grounds of inadmissability, he should be able to adjust status to permanent residence upon your sponsoring him. If entering illegally and he is not under proceedings with DHS and manages to leave the US under advance parole, he may be seen as having been inspected and paroled into the US upon his return and may be able to adjust status to permanent residence. Otherwise he might be able to apply for permanent residence under the Obama administration's I-601A program under which you would file the I-130 petition for alien relative, have it approved, and he would then file for a waiver of the 10 year bar on form I-601A for being in the country illegally for one year, wait for its result, and if approved, go overseas for an immigrant visa interview in his home country. Adjudication of the waiver would depend upon his ability to establish that you would suffer extreme hardship if he was refused a waiver.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 need to notify USCIS immediately if divorce proceedings are initiated. You will need to request the joint petition previously filed be converted to a waiver petition. You will need to provide a copy of the case opening papers. You are also required to notify USCIS of any change of address. Divorcing at this stage will likely delay a final decision but so long as the marriage was entered in good faith you will receive the ten year green card. You should work with an attorney to ensure the case is properly handled. You can read more about removal of conditions at http://myattorneyusa.com/seeking-waiver-of-joint-filing-requirement-of-uscis-from-i-751.... Read Answer

Hello. My firm initially charges $3,500 for K-1 visas but depending upon the case there could be additional charges. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com  ... Read Answer

Hello. If you have status (US citizenship/lawful permanent residence) then you should petition for your husband as soon as possible.  If he were detained by ICE and does not have a pending or approved I-130 petition from you then it greatly increases the chances of him being deported. Manner of entry into the US (legally or illegally) will determine if he will receive his immigrant status either in or out of the U.S. Even if he is not able to adjust status in the US, an approved petition greatly increases his chances that ICE will exercise prosecutorial discretion and allow him to remain in the US. My firm has clients throughout the United States.  I would be happy to assist you with your immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq. sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

A United States may file an immigrant visa petition on behalf of his/her sibling. The citizen needs to file a Form I-130 on behalf of his/her sibling. It will be many years before the sibling and his/her family can immigrate due to limited visa availability. The wait is currently more than twelve years. You can read more about family immigration at http://myattorneyusa.com/family-immigration. ... Read Answer