Ohio Immigration Legal Questions

The question of domicile usually comes up at the time of the consular interview for the immigrant visas. At that time, you would be asked to show that you have some domicile in the country. Items that the consular officer may be looking for would be a job offer from the US, transfer of bank accounts to the US, purchase of a residence, registering to vote, etc. I also note that if you have the required residence of having lived in the United States for five years prior to the child's birth, two which were after the age of 14, your child is a US citizen and you should be able to obtain a US passport for the baby so that the child travels with you to 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

There are two ways for her to immigrate: 1) by marrying abroad and having her apply for her green card in Romania; and 2) applying for a fiance visa, having her move to the U.S. adn then marry and apply for her green card within 90 days of arrival.  Both methods take 9 to 18 months to complete - the difference being where she will be speding much of that time; here with you or there waitig for a green card.  Her son will be eligible for the same immigration benefits she is.  However, she will need to have full custody of the child, or the permission of the father.  We are currently handling a very similar case for another couple - the woman is from Romania with a child from a prior marriage.... Read Answer

It sounds like your green card application process is dependent on your husband’s.  Therefore, if you divorce, your process will be terminated and you could be removed from the United States unless you have a valid, underlying immigration status that is independent of your husband’s.  Unfortunately, even though you have a protective order against your husband, unless he is either a Lawful Permanent Resident now, or a U.S. citizen, you do not have relief available to you under the Violence Against Women Act (VAWA).  In order to pursue permanent resident status on your own, without your husband, you would have to have your own employment-based case (e.g., approved PERM and I-140), family-based petition, or, perhaps an asylum case if you can show you would be persecuted if you returned to your home country.  You could also immigrate based on investment.  Alternatively, if you can delay your divorce process until such time as your husband’s I-485 (and yours) is approved, you will either be an LPR in your own right, or if not - but still married to him when he becomes an LPR, you may be able to self-petition under VAWA, depending upon the facts of your case.Brian J. Halliday, Esq.  THE LAW OFFICES OF BRIAN J. HALLIDAY, INC.The Office Loft | 3789 Green RoadBeachwood (Cleveland), Ohio 44122www.immigrationlaw.pro | www.hallidaylaw.comIntegrity in Immigration Law AdvocacyBrian@Hallidaylaw.com  (e)  216.896.0855 ext. 302 and Toll Free 866.604.3723  (v)     216.896.0724  (f)... Read Answer

Unless you were born in the U.S., or have certain relatives who are U.S. citizens, you will not be eligible for U.S. citizenship until you get a green card and have met certain eligibility requirements. In order to get a green card, you must first have a legal basis for one.  These are generally refugee or asylum status, certain family relationships, employment, or investment.  Brian J. Halliday, Esq.  The Law Offices of Brian J. Halliday, Inc. The Office Loft | 3789 Green Road Beachwood (Cleveland), Ohio 44122 www.immigrationlaw.pro | www.hallidaylaw.com Integrity in Immigration Law Advocacy Brian@Hallidaylaw.com  (e)  216.896.0855 ext. 302 and Toll Free 866.604.3723  (v)     216.896.0724  (f)... Read Answer

The short answer is maybe. Your fact pattern is complicated. You may be able to do an H for you. A PERM is out of the question though. But, you may have options that will let you take your LPR process with you. To find out, you should have a thorough consultation with a competent immigration lawyer. Call my office if you'd like to do this. 216 896 0855.   ... Read Answer

You and your employer need to consult with a competent immigration lawyer to go over these issues.  It should take about 10 minutes on the phone.  Brian J. Halliday, Esq.    The Law Offices of Brian J. Halliday, Inc. The Office Loft | 3789 Green Road Beachwood (Cleveland), Ohio 44122 www.immigrationlaw.pro | www.hallidaylaw.com Integrity in Immigration Law Advocacy Brian@Hallidaylaw.com  (e)  216.896.0855 ext. 302 and Toll Free 866.604.3723  (v)     216.896.0724  (f)... Read Answer

In your situation, I suggest that you consult (meet) with a competent immigration lawyer to go over options availble to you.  Brian J. Halliday, Esq.    The Law Offices of Brian J. Halliday, Inc. The Office Loft | 3789 Green Road Beachwood (Cleveland), Ohio 44122 www.immigrationlaw.pro | www.hallidaylaw.com Integrity in Immigration Law Advocacy Brian@Hallidaylaw.com  (e)  216.896.0855 ext. 302 and Toll Free 866.604.3723  (v)     216.896.0724  (f)... Read Answer

Although the immigration laws are becoming more strict where DUIs are concerned, one DUI and a license suspension would generally not be enough to derail an immigration case based on marriage to a US citizen as long as the relationship is bona fide.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 in the U.S. and your employer filed an H-1B petition that includes a request for a change of status, then on the start date of the H-1B petition, your status will automatically change from H-4 to H-1B.  Typically, H-1B workers who are on medical leave (including maternity leave) do not fall out of status, as long as they do not sever their employment from the H-1B employer.  This depends on the applicability of the FMLA in your specific situation, and also possibly the companion law of the state in which you reside.  The questions you are asking should be directed to your employer's immigration lawyer, and your employer's HR, as they are familiar with your case and with the employer's policies on leave. ... Read Answer

Generally, you need a green card to live in the U.S.  And you need an underlying legal path to apply for a green card - such as a petitioning relative, an employment-based petition, status as an asylee or refugee, or through investment. If you opt not to live in the U.S. permanently, you could enter as a visitor as long as you maintain your primary residence outside of the U.S.  But, you would not be able to work if you do this, and your stays in the U.S. would have to be for less than 6 months at a time.... Read Answer

It will be several years after your sister-in-law files her petition, before you would be at the stage where you can apply for an EAD.  As an F-1 student, you have options available which would permit you to work.  Talk to your foreign student advisor at your university for information on that.  Also, before you pursue a green card, I suggest that you consult with a competent immigration lawyer.... Read Answer

You do not have enough information here for a complete answer.  Is your mother living in Lebanon with your brother?  If so, for how long has she been out of the U.S.?  What is your brother's condition?  When you ask what can be done about his case, I am not clear on what is wrong with his case.  Was the I-130 approved?  Or, are you concerned about the wait for an immigrant visa to be available for your brother? I suggest that you meet with a competent immigration lawyer for a consultation, and go over your brother's case; particulary if your mother has been out of the U.S. with her green card for a long time.... Read Answer

Some of what you are proposing to do can create issues for your immigration process - possibly serious issues.  I recommend that you make an appointment with a competent immigration attorney and go over your case so you are properly and completely advised.  Do not rely upon internet searches.  ... Read Answer

You can renounce U.S. citizenship.  However, unless you are currently a dual citizen, you will become "stateless."  Also, the act of renouncing can sometimes have financial consequences.  Renouncing will not erase your prior criminal record.  Finally, reentering the U.S. on a visa after renouncing may be very difficult since the nature of the offenses for which you were convicted generally trigger inadmissibility to the U.S. ... Read Answer

Although the E-3 is not considered a dual intent visa, it is one of those visas which is in the gray area between that and requiring no intent to immigrate. If your employer is interested in sponsoring you for the green card, I suggest that you should remain in the country without leaving during the period of processing.  That would perhaps be safest rather than risking a problem with either applying for another visa or re-entering 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 possible, you should return your three days compensation to the company. The company should be sympathetic as it should have determined ahead of time that you did not have off-campus work permission. Even if there is a record of a few days unauthorized employment, you could largely wipe it away by going out of the country and making a new reentry.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 the first hearing before the immigration court, the master calendar hearing, the court is interested in knowing whether your boyfriend has found a lawyer and going over the charges against him and whether he has any type of relief available to him. If he is still being detained, he may request release on bond in order that he can better prepare his case. If you are a US citizen, and you married him, there is the possibility of requesting a continuance while you file papers so that he can qualify for the I-601A waiver of being illegally in the country. When the petition is approved, he might then ask for an administrative closure of his case to file the I-601A waiver which would be based upon extreme hardship to you if he had to leave permanently. Assuming that the waiver is approved, he could move to terminate his court case and travel back to his home country for an immigrant visa appointment. If you do not have status yourself, his marrying you would still be favorable as he would then be the father of a legitimate US citizen child. Such would be a more sympathetic base from which he might be able to gain some relief.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

It would be difficult for an employer to ask an H-1B employee to reimburse for H-1B expenses upon termination. If the employer was truly concerned, it should have tried to add in a liquidated damages contract clause prior to or during the time of the employment. Whether the employer can ask or sue for damages may be another question.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 question is whether you are applying on the basis of marriage to a U. S. citizen (3 years eligibility) or any other way (5 years). If on the basis of marriage, you would already have been eligible if you were living continuously with the U. S. citizen for the 3 years, the U. S. citizen held citizenship for 3 years, and you were married for 3 years. If on the basis of 5 years, you can apply 90 days earlier than 3/8/15.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 spouse's situation demonstrates why it is a good idea to stay with the company with the approved H-1B until the new H-1B by the second company is approved. If your spouse stayed with Company A, she and you would be in a good position for Company B to reapply and even if rejected or denied, your spouse would still be with company A. Although U.S.C.I.S. allows you to move on to company B after filing an H-1B transfer, a rejection or denial would make your legal status questionable. U.S.C.I.S. normally requests evidence of continuing work with company A. If your spouse has not been working with company A and instead transferred to Company B already, you may both have to leave the country and pick up your visas overseas assuming that the second H-1B petition by company B 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

Assuming that your dad married your mother and everything is as you have related, you may still be able to retain your permanent residence under the alternate theory that he was your stepfather. In addition, you may also be able to protect the green card in removal proceedings under the section of law that allows an immigration judge to forgive fraud whether intentional or not in immigrating to the country if the person is the spouse, parent, son, or daughter of a US citizen or permanent resident.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