Ohio Immigration Legal Questions

In your situation, I suggest that you write a specific letter or email to the NVC outlining your request and attaching all evidence including original approval of the I-130, your marriage certificate, and whether you wish to add any dependents to your application. I believe that either your letter was unclear or the NVC representative had an off day. 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 best bet is to retain counsel to navigate the cmplex immigration rules so that her entry into the USA is valid. One issue that would be a red flag is her "intent" on entering the USA. If her real intent is to permanantly reside here, but she enters the country on a visitor visa, then that could constitute immigration fraud and her entry could be barred by an immigration officer at the point of entry. Counsel anywhere in the USA can assist you. Good luck. ... Read Answer

The DHS officer would most likely be looking into the question of whether there was fraud in the petition that you filed for your ex-husband’s permanent residence. This may be in connection with his application for removal of the conditional basis of residence status, his naturalization application, or petition for another spouse. If everything was on the up and up and you have proof of the bona fides of your marital situation, it would perhaps be OK for you to talk to him without a lawyer. Otherwise you may wish to have an attorney present at the time of your interview with DHS. 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

Mahesh your sister-in-law can apply for a tourist visa because sponsoring/petitioning a sibling will go through the regular channel of 10-12 years of the waiting period. We are based in New York but we do provide services in your state. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager.... Read Answer

In your situation, you can transfer to another employer and begin working immediately once the transfer is filed. The risk is that a failure of U.S.C.I.S. to approve the transfer means that you will be considered out of status. Whether to wait for your approval to be completed is up to you, and you would have to take into consideration your wishes for safety and permanent residence. A new employer can begin your green card process even if you are not on the payroll. An employment based PERM case does not require the beneficiary to work for the employer until permanent residence is approved. 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

Although your green card is based upon your prior marriage, your showing proof of abuse and having lived in a shelter would go a long way to convincing a naturalization officer that your green card was legitimately obtained and should not be questioned again in the naturalization setting. Changing addresses and not informing U.S.C.I.S. is only a non-favorable factor if it was done intentionally. A tax transcript or other proof of having paid taxes is not required except in situations where individuals have worked in this country and are supposed to have filed tax returns. It would not appear to apply to you unless you had other income of a high enough amount to require reporting. 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

Optional practical training (OPT) is only allowed for those who are in F-1 status. Unless you are back in F-1 status, there is no authority to allow you to change from your present H-1B to OPT.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

One criteria requires you to live in the state where you will be applying for naturalization for at least 3 months prior to filing an application for naturalization. You can find a comprehensive list of requirements at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

A friend can be a joint sponsor so long as he/she is at least 18 years of age, a lawful permanent resident or citizen of the U.S., and earns sufficient income or posses sufficient assets to meet the affidavit of support requirements. You would still be able to sponsor your spouse in the future assuming your income and/or assets are sufficient to sponsor two aliens. You can read more at  http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.... Read Answer

Yes. If your son is convicted, his immigration status could be jeopardized. It is important to not plead guilty or accept any plea deal until you speak to an immigration attorney. As to travel to Canada, you will need to speak to an immigration attorney licensed to practice law in Canada. Canada has its own grounds for denying admission. You can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read Answer

I suggest that your girlfriend attempt to apply for a visiting visa to the US and that you should strongly support her application with a letter of explanation of your predicament and promises that you will be responsible for her financially during the time of her visit and guaranteeing that she will return to the Philippines after the period of visit is over. You should support her application with proof of your ability to financially support on form I-134 affidavit of support, job letter, bank statement, tax return, proof of your medical condition, and of your ongoing relationship. Good luck!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 would need to file for a visitor visa in order to come visit the United States. You start the prices by filing a Form DS-160. It is important to keep in mind that you face the likelihood of being denied. It is very difficult for individuals from the Philippines to obtain visitor visas. You need to show substantial ties to your country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas. Before you can become a United Srares citizen, you must first become a lawful permanent resident. You will need to marry before your spouse could start the immigration process for you unless you first apply for a fiancé visa. You must marry within 90 days of your entry. If you do not marry, you will need to depart the country. Failure to depart the country will mean you are without immigration status. In theory, you can marry beyond the 90 days but it is not a good idea. You can read more about inmigrating to the United States at http://myattorneyusa.com/family-immigration.... Read Answer

You are indeed in a difficult situation in which you will have to choose between having a record of your work and continuing to work for someone that you consider less than honorable in taking credit for your work. Choosing the former course may not be as consequential as you believe as there is not to my knowledge automatic data sharing between U.S.C.I.S. and IRS.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 EB-1A had you both as the petitioner and beneficiary and not your company. In such circumstance, I see no problem with your leaving the U. S. on advance parole. If the green card is issued during the time that you are overseas, you can have your friend send it to you, and you can reenter the U. S. on the basis of the card. 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 cannot simply enter the United States and remain her permanently unless you enter with an immigrant visa. To remain in the United States, you would need a lawful immigration status. There is not enough information to determine what status you could seek. You should consult an experienced immigration attorney not companies for advice. You can read more about immigration at myattorneyusa.com.  ... Read Answer

1. You may remain in the United States with a pending Form I-485. While you will not hold an immigration status, you are allowed to remain in the country until your application for adjustment of status and will not accrue unlawful presence. 2. EAD approval does not provide a basis to remain in the country. You are simply authorized to work for a certain period of time. In your case, you would be authorized to work while your green card application was pending. In addition, an approved EB-1 petition conveys no right to stay in the country. 3. You are not required to hold a job at all during the green card process.  Keep in mind that you may linger be able to adjust status if your employment is terminated. You should consult an attorney as soon as possible to plan what to do if your employment is terminated. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

I understand you have a lot of questions about how to proceed. This is why working with an attorney is best as a strategy can be developed based upon the specific facts of your case. You may file a Form I-485 at any time assuming the priority date is current. Your Form I-485 would be independent of your H-1B petition. The issue is timing. If you were to file the Form I-485 now, you could not travel outside the United States unless you were granted advance parole or have H-1B status. If you travel outside the United States relying on your J-1 to re-enter, there are two issues. First, your Form I-485 will be deemed abandoned due to your departure. Second, you may be denied entry because of immigrant intent. Unlike H-1B, J1 does not allow for dual intent. I encourage you to actually consult attorney to develop a strategy. In the interim, you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status. ... Read Answer