Ohio Immigration Legal Questions

If you are getting married to a United States citizen, you would have to file a 601 waiver for each of these incidents. I don't do waivers, but I know a good lawyer in Orlando here that does them. And he's got an excellent track record. If you need a referral then I would be happy to give you one. Counsel in any state can represent you. ... Read Answer

So I've been an immigration lawyer for 25 years. The way I got started is there was an externship at my law school and for three hours a week I would just go to the local county bar association Immigration clinic and folks would come in and we would help them fill out forms and that's how I learned initially. So if you apply to law school, ask them if they have that externship or internship available. Also websites like AVVO and martindale and justia, have question boards where immigration lawyers Answer questions that people post with immigration issues have, for free, and I learned a lot and I'm still learning a lot after 25 years by participating in that endeavor. I wish you the best of luck.... Read Answer

Hello..If your girlfriend has a job and a minor child and owns property overseas, then it looks good that she may qualify for a B visa. She should bring multiple years of tax returns, deed to her home and any custody order from the court showing she has custody of the minor to her interview. ... Read Answer

There is no restriction on getting married while waiting for your naturalization interview. (I assume that you did not immigrate through marriage and are applying under the three year rule). You can apprise the naturalization examiner of your change of circumstance with documentation of the marriage (marriage certificate) at the time of 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

If you are a US citizen, you can sponsor her for a fiancé visa immediately provided you have physically met her within the last two years. If you have met only online that does not count. Alternatively you could travel there marry her and then she could process at the US consulate for a spousal visa. The fiancé visa is taking less time as of now. ... Read Answer

Hi Darlene. A fiancé visa can be issued to a foreign national spouse who is sponsored by a US citizen. Are you a US citizen? Also you must have physically met within two years from the date of filing? Some counsel charge a flat rate reasonable fee for these cases. This site precludes attorneys from soliciting your case so you would have to reach out to one of us. Finally the Trump travel ban may impact the K visa processing but because it's a nonimmigrant visa it may not. Discuss with counsel. Counsel in any state can represent you. ... Read Answer

When a fiance visa is issued, a fiance has 90 days to get married to you after entering the USA. Assuming that she and you married within that time frame, and then she returned home..at what time did she return home? If she is in the Phillipines now, she wont be able to adjust status because she currently doesnt have a status. But she is your wife now and therefore , she can process for a spousal visa at the foreign consulate. Consider working with an attorney so that the process is done correctly without delays etc..Counsel anywhere can represent you and some of us including myself charge a very affordable flat fee to represent you from start to finish. I file a G-28 Notice of appearance of attorney in the case so that USCIS and the Dept of State send me dual notices. Good luck. ... Read Answer

Although your plan sounds feasible, there are dangers as an immigration inspector may question the appropriateness of re-admitting a person with limited time on OPT whose employment has just ended. That being said, even immigration officials are known to be more generous to persons coming to the US on Christmas. 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

Being given a ticket for possession of alcohol is not considered an arrest unless you were booked and fingerprinted. If not, you should be okay. 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 company incorporated in 2007 and not doing business until 2018 may well be able to qualify for L-1A petitioning with the caveat that it may have difficulty being recognized as a new company and be held to the standards of an established company for purposes of sponsorship. 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

An expired passport would not prevent anyone from applying for adjustment of status to permanent residence. A valid passport is not a requirement. 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 really have a dispute with your lawyer that you cannot resolve and have already tried to obtain a refund without success, you can inform him that you will be filing a complaint with the State Bar Association. That may spur him to action. If not, you can file a complaint against him, he will have a chance to respond, and the Bar Association may or may not sanction him. Otherwise you can attempt to obtain satisfaction through your city or town's Better Business Bureau or Consumer Affairs Department. 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 were born here, then you are a US citizen. Accordingly, you can sponsor your fiancé for a k visa which allows him to travel here to marry you after 90 days of entry, or you can marry him there and then have him process his green card at the consulate overseas. Both options are taking about 1 year in processing time,  with the k visa route taking slightly less time. If he comes here as a tourist, that may be viewed in the future as committing immigration fraud as his intent is not to visit but to stay here permanently. Discuss the case with counsel. Counsel anywhere in the USA can represent you.... Read Answer

$12.50 an hour with 40 hours a week or $26,000 per year may not be enough to convince a skeptical consular officer to issue a B-2 visiting visa. American consular officers like to be convinced that a visa applicant has enough support to visit the US without having to work. If your girlfriend or her family have monies of their own, she could show that to the consular officer as proof that she would not have to work in the US. Also if you have close relatives who are capable of giving an I-134 affidavit of support, that might help. She will also have to convince the consular officer that she intends to just visit and will return at the end of her stay.  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 is a conditional resident, you can decide whether to assist him in removing the conditional basis of residence status by signing the I-751 form and cooperating throughout the adjudication process. If he is already a permanent resident (marriage was at least two years old prior to him coming to the US), you have less hold over his actions. At present, you have suspicions, but there is likely nothing that you can do with them vis-a-vis U.S.C.I.S. Even in the event that he eventually initiates divorce proceedings, you would probably not interest the agency into going after his green card since it appears that he has been living with you for the duration of time that he has been 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

Taking WIC benefits should not affect your filing for citizenship and for your family after you graduate. WIC is not targeted in either current law or even in the proposed regulation on public charge. 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

As your wife and children are overseas, you cannot file an extension for them with USCIS. They would have to be back in the US under H-4 status for you to do so. Otherwise you would have to wait until your H-1B is approved and they would have to interview overseas at the US consulate or embassy for new visas to return to the States.  in that event, a consular officer will look at the criminal issue in deciding whether to issue your wife a new visa. She would have to explain her entire situation to the consular officer. Given the circumstances and the amount involved in the shoplifting charge, the consular officer would likely give her another visa. She should bring all the paperwork of the criminal case with her to the consulate if that is the way that it turns out. 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 fiancé may find it risky to return in a short amount of time under his visitor's visa if he has spent significant time here during this current stay. If he spent only a month or so, a reasonable period of time to come back would be in three months. Dependent upon his obligations and your mutual wishes, you may consider the possibility of him remaining and adjusting status in the US to permanent residence if you are a US citizen and you marry. Such would mean that his ability to travel would likely be curtailed for about six months, but would allow him to remain for the birth of your son. 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