North Carolina Immigration Legal Questions

Your boyfriend would need to apply for a tourist visa (B-2 visa). He would start the process by completing a DS-160 online. Your boyfriend will need to show his intent to come for a brief visit. This is typically done by showing strong ties to the applicant's native country. He will not be issued the visa if the consular official suspects he is intending to immigrate.... Read Answer

  I would urge you to consult with and hire an immigration lawyer to assist you with this very complicated case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result. You will need to get co-sponsors on the afficdavits of support. Good luck  ... Read Answer

You do not appear eligible for adjustment of status based upon the information provided. You would need to be the beneficiary of an immediately available immigrant visa in order to seek adjustment of status. You may be able to extend your nonimmigrant visitor status or seek humanitarian parole in order to continue to care for your mother. There is no nonimmigrant designed for the purpose of providing long-term care to a family member. You can find more information about options by clicking on adjustment of status.... Read Answer

If your husband already has a ten year green card instead of a two-year green card, he is generally not affected by the immigration marriage fraud amendments of 1986. If he only has a two-year green card, he would have to file form I-751 application to remove the conditional basis of the resident status within the 90 day period prior to the second anniversary of his having obtained the conditional card. At that point, he would be giving U.S.C.I.S. his current address. If he has a 10 year green card, he is still supposed to notify U.S.C.I.S. of his change of address, but no one (as far as we can see) is being deported because of failure to do so. 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

There are numerous other items to prove a bona fide marriage. It will depend on how long you have been married.  Your old lease is very helpful, so are joint bank accounts, insurance, driver's licenses, bill, etc. Please let me know if you would like assistance with the filing or preparation for your interview. ... Read Answer

No, there is no elimination of the F-4 category. It remains viable and we continue to submit client petitions in both the F-4 and F-3 categories. 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 can put the additional income on the line that says “I derive an annual income of:” If you wish, you can type in an explanation below the paragraph or somewhere on the column for income. You can also mark an appropriate spot with an asterisk and explain on a separate sheet of paper. 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, U. S. consulates want to see 3 years of tax returns to determine whether individuals have the wherewithal to financially sponsor relatives. From the time that the NVC acknowledges having received an immigrant visa petition and where there is immediate immigrant visa availability, the process takes approximately 4-8 months if there are no delays. Presently the NVC is experiencing backlogs and sending out notices to applicants that its review of documents is delayed by at least 60 days. From the time of selecting an agent, it will usually take up to 6 weeks for NVC to make the fee bill available. Immigration inspectors may allow your husband to enter as a visitor if they know you are sponsoring your husband, but only if convinced that he is making a temporary visit and will soon return to Chile.  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

Given the timing of your case, you would likely have to start all over again if this is a permanent move. If a temporary transfer, you could possibly explain the situation to the naturalization examiner in North Carolina at the time of the interview. 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 you are an adult and earning money, you could give your mother documentation for her to take to the visa interview including your personal letter guaranteeing her support and that she will return to Mali following her temporary visit to the U. S. and an affidavit of support on form I-134 along with proof of employment (job letter and payslips), banking statement, and last year’s tax return.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 your current green card is "unconditional" that means your marital status does not affect your green card status any more. So whether you stay married or not makes no difference to keeping your green card. However, once you are separated, you will have to use the 5-year residency rule for eligibility for naturalization. If you are married to your original green card sponsor, and living in a viable marital union, you can use the 3-year residency rule, but even a separation may disqualify you from eligibility. My view is that people should genrally do the right thing in making their life choices first, and sort out the immigration details afterwards. So if the marriage is no longer working out, I would not advise staying in the relationship in order to cut two years off your citizenship requirement.... Read Answer

The current green card renewal fee is $450 which consists of a $365 filing fee and $85 biometrics fee.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

Renting a house in the US is a transaction between two private parties. If the renter is willing to rent the house to you during the time that you are in the US under a visa waiver program, he or she can do it.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

A person on an H-1B visa is allowed to be a passive investor in an enterprise in the U. S. However, he or she is not allowed to run the business as that would be unauthorized work. If you will be entirely hands-off and only collect dividends from the operation, such would likely be OK. But if the idea is that you will actually run the business and only employ a CEO and director/HR administrator, that would likely be seen as unauthorized.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

B-2 visas are given in the discretion of American consular officers. Your friend can try again after an appreciable period of time (approximately 6 months), bring all of his documentation, and hopefully he will meet up with a more friendly consular officer. If you wish, you can also give your friend an invitation letter with a statement as to you and your friend's planned itinerary, guaranteeing his expenses, and that he will return to India once the period of his stay is finished. 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