North Carolina Immigration Legal Questions

Where both parties have signed on a joint I-751 application to remove the conditional basis of residence status, U.S.C.I.S. looks to see whether there is an ongoing bona fide marriage. Parties having separate residences usually raise red flags. You and your wife may be better off if you get back together – either you move to North Carolina or she moves to New York. I do not know the schedule of interviews in North Carolina, and I also do not know whether U.S.C.I.S. would be willing to transfer an interview from New York (if scheduled) to North Carolina if you have no residence in that 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

You must be a United States citizen in order to petition for your mother to become a US permanent resident. If you are a US permanent resident, you should consider filing for your US citizenship so that you will be able to bring your mother to live in the US permanently. Whether you are able to apply for US citizenship right now depends on several factors, including how long you have been a green card holder, how you obtained your green card, and other eligibility requirements such as satisfying the residence requirement, payment of taxes and good moral character. It is possible that you can become a US citizen within a few months and then be able to begin the process of bringing your mother to the US to live permanently.... Read Answer

While the law does state that someone filing an H-1B extension is allowed continued employment authorization for 240 days, I doubt that the regulation was written with your particular situation in mind. You are only authorized another five days under your H-1B limit and to attempt to extend that by way of filing an extension request may be seen as a petition without merit. When you later attempt to file another H-1B extension once 365 days have passed since the filing of your labor certification, U.S.C.I.S. may very well deny an extension for you to obtain the status in the US and you may have to return to your home country to apply for the H1B visa at your home consulate.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 current immigration laws, he is not eligible to legalize his status within the US if he entered the US unlawfully. He would have to go back to his home country but as soon as he leaves the US, he will trigger an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.... Read Answer

If he entered the US unlawfully, under the current immigration laws, he is not eligible to adjust his status within the US. He would have to go back to Mexico but as soon as he leaves the US, he automatically triggers a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.... Read Answer

Congratulations on your engagement!  Generally, entering with a visitor visa means that you intend to leave the U.S. after a temporary visit.  If your plans change while you are in the U.S., such as getting married, you can apply to adjust your status to permanent resident in the U.S. without leaving.  USCIS is concerned about foreign nationals using the visitor visa to circumvent the consular process at the U.S. embassies around the world.  If you had no plans to marry and stay here when you entered the U.S., then you should have no problems. Good luck!   Mark J. Curley Curley Immigration Law, PC, LLO 8420 West Dodge Road, Suite 310 Omaha, NE  68114 402-733-8989 www.curleylawoffice.com   Find us on Facebook!  www.facebook.com/curleyimmigration Follow us on Twitter! @CurleyLaw ... Read Answer

The I-864W is not for the petitioning US citizen or permanent resident, but for those who are applying for permanent residence and can show that they have worked for 10 years in this country. In such case, they are not required to have an I-864 affidavit of support from a petitioner. However, they must be able to show that they will be able to maintain themselves at the poverty guideline level of 100%, and not necessarily the125% required of other petitioners to support intending immigrants.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 note that you applied for reentry permit, had every intention of coming back, kept all your family ties and bills and paid your taxes. However, staying outside the US for over one year breaks the period of continuous residence for purposes of naturalization. You would have to start a new period of residence beginning in July 2012. You would then be eligible to file for naturalization four years and one day from the date of your return assuming that you do not take further extended trips out of 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 Answer

If you entered the country legally and marry the American girl, you would be eligible for adjustment of status to permanent residence without leaving the country. If you did not enter the country legally, you might benefit from the Administration's I-601A program if you married the American girl and she filed papers on your behalf. In that process, she would file the I-130 relative petition for you, and upon approval, you would file form I- 601A application for provisional waiver of your illegal presence to U.S.C.I.S. which could be approved while you are here in the country as long as you are able to prove that your departure would cause extreme hardship to your wife. Once the waiver is approved, you would then complete your case by submitting to consular processing and having a normal interview at an American consulate or embassy in your home country. If everything goes well, the time that you would be outside the US would be approximately 6 weeks. You could also wait and see what will happen with the comprehensive immigration reform legislation which for the moment appears to be held up in the House.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 TPS status you are not eligible to petition for anyone to join you.  They would have to qualify in their own right for entry into the US (for example, as a refugee).  It is possible for someone in TPS to obtain travel permission and then, after returning to the US, to adjust status to lawful permanent resident.  But even as a lawful permanent resident, you would have to marry first in order to file and then you would be subject to the quota system.  The wait for a visa number can be many years.... Read Answer

It sounds like she applied for a waiver of the ten-year unlawful presence bar.  The 10 year bar was not punishment--it is a consequences of being in the US without authorization.  If she already tried to get a waiver (which is what it sounds like), then there is nothing left she can do.... Read Answer

Immigration consequences of criminal convictions is a very complicated legal question and it requires a thorough analysis of the facts and the law.  Your criminal defense attorney should contact an immigration attorney to ensure your plea takes into account the immigration consequences.  It is not as simple as you think.  One cannot say that a domestic violence conviction is necessarily a removable offense without knowing more about the elements of the offense and how you intend to plea.... Read Answer

U.S.C.I.S. normally wishes to say the most recent payslips from the approved H-1B organization when an applicant is attempting to transfer his or her H-1B to another employer. There is no grace period during which an individual is allowed to remain in the States following the ending of H-1B employment except for the 10 days when the H-1B period expires. That being said, you could present your proof of being on personal leave if the information is requested, and it would be up to the immigration officer handling your H-1B transfer as to whether to accept the explanation or request that you obtain your H-1B visa at an American consulate or embassy. 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 by your impatience that your daughter is a US citizen and that she is sponsoring her husband for the green card. Two years does seem a little long for this type of case. If your granddaughter is the product of the relationship of your daughter and her husband, then we can assume that the relationship is bona fide You may wish to have a full consultation with an immigration lawyer to obtain his or her opinion as to the reason why the case seems to be delayed. Perhaps he or she can suggest some alternatives.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 sneaked into the U. S., but does not have any immigration proceedings against him or any bars other than time spent in the U. S. illegally, he could quite possibly qualify for the Obama administration’s I-601A program if you are a U. S. citizen. Under the I-601A, you would petition for him as an immediate relative and once approved, he would be allowed to submit an I-601A application for waiver of being here illegally based upon extreme hardship to you. He would also be allowed to see the result while he is here in the States. Once that is approved, he would complete the process by leaving the U. S. to attend an immigrant visa interview at the American consulate or embassy in his home country. If you are not a U. S. citizen or he does not choose that option, he could possibly wait for the result of the bill for comprehensive immigration reform, which is presently the focus of the House of Representatives after having been passed by the Senate. If such is enacted into law with a path to citizenship, he would be allowed to soon obtain registered provisional immigrant status with the right to travel and work. Under the Senate version of the bill, he would be eligible to receive a green card in 10 years. Another alternative would be for him to undergo removal proceedings if he has not already been under such and request relief through cancellation of removal by the immigration court. He would have to prove 10 years residence in the States, good moral character, and that his departure would cause you or your child exceptional and extremely unusual hardship. 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

Once you know that the appeal has reached the Board of Immigration Appeals, the petitioner can either write a letter or submit a motion to withdraw the appeal. There is no specific form for withdrawal. 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 the 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 you have a commitment to agricultural work, you may wish to stay as any comprehensive immigration reform legislation will allow agricultural workers who make a commitment to continue working in the field to have a faster path to citizenship than others who may gain legalization. This country has need for agricultural workers to plant and harvest its crops, and therefore the proposed immigration legislation will benefit this category of workers. 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