Ohio Immigration Legal Questions

AS I have explained to you in your post on the other site, you need to calculate the amount of unlawful presence you have accrued before an answer could me offered. I-130 without I485 does not shield you from accruing unlawful presence even if it was filed before you fell out of status.    Please see: Unlawful Presence... Read Answer

The law does protect you.  Your immigration status does not excuse anyone from paying you for your work.  If you perfomed your work as an independent contractor, you can sue the customer for payment in small claims court.  If you worked for an employer, you can sue the company or file a complaint with the Wage & Hour Division of the Department of Labor.  Also, anyone knowingly employing an undocumented worker is violating federal law.  ... Read Answer

It is unclear what was the approval for and what visa was denied. If a fiance visa was denied, they need to send for revocation to USCIS at which point, you will be contacted with the intent to revoke and at that stage you will have an opportunity to file a rebuttal. If you will the case goes back to the consulate and they will have a harder time denying this time around. ... Read Answer

It is difficult to know from your fact situation who is at fault, but it appears that you have an I-485 denial in which a partial response was given to U.S.C.I.S. You may wish to file a new application at this time and ensure that the documentation for the affidavit of support completely complies with all requirements, e.g. signed and properly filled out affidavit support form with the usual paperwork such as job letter, proof of recent pay, banking statements, and 3 years of tax returns. 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

Hello, It depends on the reason for the conviction, not whether it is a misdemeanor or felony. It could be a misdemeanor in the criminal court but for immigration purposes, it could be considered an aggravated felony. Certain types of convictions are considered very serious by the immigration service and can cause a person to be deported so it is important that your friend speak to an experienced immigration lawyer in his local city. Good Luck. Disclaimer: The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read Answer

In your case, the decision of the immigration judge becomes final when the BIA dismisses your case. Your choice to keep the case active is to pursue a motion to reopen or to sue the agency in federal court. If your case is still pending, your lawyer can request a remand to the court if you are eligible for I-485 adjustment of status. If you are under a final order of removal, your lawyer will not be able to move on your I-485 unless there are special circumstances in your case associated with you being an “arriving alien”. 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

Hello,   If you entered the U.S. legally and are married to an American citizen, you should be able to file for your green card or legal permanent residency which lets you live and work here. You should speak to an experienced immigration lawyer in your local city about this so that you get advice for your particular situation. Good Luck.   The information provided above is of a general nature and is not, nor is it intended to be, legal advice. You should consult with your immigration lawyer about your case for advice about your specific situation.... Read Answer

When you say that your husband has no documentation being here as a child, I gather that the passport that he has contains no evidence of legal entry into this country. If that is the case and he is not the beneficiary of §245(i) (which allows adjustment of status upon a fine being paid for those who had labor certification applications or immigrant visa petitions filed on their behalf by April 30, 2001, and were physically present in the U. S. on December 21, 2000), he is not eligible to change his status to permanent residence in the country. If he leaves the U. S. to consular process a petition by you, you would normally be barred from returning for 10 years because of his illegal stay of over one year in the U. S. You may explore the possibility that your husband may be eligible for an I-601A provisional waiver, which could be applied for after a petition by you in an I-130 alien relative petition is approved by U.S.C.I.S. Following such, he could make an application on form I-601A to be excused for the 10 year bar and can await the result while in the country. The criterion for the waiver is his ability to prove that denial of such would cause you extreme hardship. If approved, he could set up his consular processing and be interviewed by a U. S. consular post in his home country in a normal immigrant visa interview. Upon approval, he would be allowed to immediately return to the U. S., and the green card would usually follow within 60 days to your address. 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

The employer is obligated to give you the bottom half of the I-797 notice of approval which notes information concerning the employer, case number, and validity dates of the H-1B. On the other hand, having a soft copy of the entire H-1B approval notice is good enough to present to U.S.C.I.S. for purposes of an H-1B transfer application. As it appears that you are in legal H-4 status at this time, you would be eligible to have another employer sponsor you for another H-1B visa status. The organization would have to go through the H-1B petition process, but would not have to wait until April to apply inasmuch as you presumably already have an H-1B cap number from your first application (as long as your first employer was not cap-exempt). 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 am assuming you are a U.S. citizen and your son’s mother is not.  If this is not accurate, let me know.If that is accurate, in order for your son to be a U.S. citizen at birth, you would have had to be physically present in the U.S. for ten years before your son was born (presumably in 1975), and five of which would have had to be after the age of 14.  If this is true of your case, then your son should be a U.S. citizen and should be able to apply for a passport with the requisite evidence.If you did not meet that 10year/5year requirement in the law, your son may not be a U.S. citizen at birth.  What is not clear is how your son was admitted to the U.S. when he was 4 - e.g., as a U.S. citizen or as a permanent resident (green card holder).  It was probably one or the other.  You and he need to explore that completely, and possibly file Freedom of Information Act requests for a complete picture, which will take time.Due to the timing issues here, I suggest that you retain counsel promptly in order to see what can be done in the short term.     ... Read Answer

I will assume that the undocumented immigrant's fiancé is not a US citizen or permanent resident. Under Pres. Obama's recent executive action, he may become eligible for the new program, Deferred Action for Parental Accountability (DAPA) which is scheduled to take effect 180 days from the president's announcement on November 20, 2014. The conditions are that as of that date, the parent be illegal, have a US citizen or permanent resident child, prepare to pay taxes, and not have committed a felony, significant misdemeanor, three other misdemeanors, be a gang member, or a threat to national security, etc.  Successful applicants will be allowed to stay for three years with employment authorization. It is not clear at this time whether advance parole to leave and reenter the country will be allowed as part of the program. At this time, without benefit of the program, the undocumented immigrant who leaves the country and attempts to reenter would be subject to a permanent bar. 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

Hello,   If you are a U.S. citizen, you should be able to file an application for your girlfriend to get a green card after you marry her. It is very important that you both consult with an experienced immigration lawyer in your city in advance and do take her passport and proof of entry to the U.S. with you. Please review any immigration and criminal history she may have with the lawyer to make certain that you will not face complications with your application. Good Luck.     Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer

The USCIS Website is not always accurate or current. Tell your lawyer to send you the denial so you can read it for yourself. You should have an opportunity to appeal, which is typically 30 days from denial. So, you have an interest in getting the denial into your hands as soon as possible.   ... Read Answer

Since you have a photocopy of your green card, you can apply for a replacement on form I-90 “Application to Replace Permanent Resident Card.” The application fee is $450 and should be mailed to the U.S.C.I.S. Phoenix lockbox facility. If using U.S. Postal Service, send to: U.S.C.I.S. PO Box 21262 Phoenix, AZ 85036 If using U.S. Postal Service express mail or courier, send to: U.S.C.I.S. Attention: I 901 1820 E. Sky Harbor, Circle S, Floor 1 Suite 100 Phoenix, AZ 85034 Insofar as a state ID is concerned, you should be able to obtain such as soon as you obtain a replacement green card. Insofar as Social Security is concerned, you can attempt to obtain a new one now and if rejected, wait until you have your new green card before trying again at your local Social Security office.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

Law schools offer classes in family law and criminal law, and an increasing number in immigration law. You can take multiple classes in the first two, at least one class in immigration law, and take part in clinics or internships which are offered pertaining to the 3 fields.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 have a lot of things you should deal with immediately.  The most important may be the green card being expired, depending upon whether that green card was conditional or not.  If it was, you may be out of status now.  If it wasn’t (i.e., it was 10 years old back in 2007) then you may not have a status problem.  There are remedies to each of the problems you are facing.  But they case-specific require analysis. ... Read Answer

A student may work as a volunteer or unpaid intern, where this practice does not violate any labor laws. The work must be at least 20 hours per week for a student on post-completion OPT. A student must be able to provide evidence acquired from the student’s employer to verify that the student worked at least 20 hours per week during the period of employment.   I hope that helps.... Read Answer

It sounds like you may have filed in a way that USCIS will not be able to easily sort out.  I expect they may loose or ignore certain evidence, issue RFEs, possibly reject some of what you are sending them, or deny applications for not having required initial evidence.  If you file family members’ I-485s piecemeal, you need to make sure they clearly relate to the I-140 and the principal I-485 case.  USCIS will not accept medical exams that are not sealed.  To fix this, you may need to interfile or refile some or all of your cases.  I am not clear whether the NIW was already approved.   But if it is not, and it is ultimately denied, you will loose the filing fees for all the I-485s and have to pay them all again when you refile. ... Read Answer

As long as your brother has the financial wherewithal, he can act as the joint sponsor on form I-864 affidavit of support. You of course are the primary sponsor and are also obligated to submit form I-864, but your brother can submit a separate one to ensure that your wife will not become a 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