Ohio Immigration Legal Questions

You can request his records through the Freedom of Information Act.  If he become a lawful permanent resident, there will be a record of it.  Here is a link with more information on how to request your records. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5c9ab75d8e5e6310VgnVCM100000082ca60aRCRD&vgnextchannel=5c9ab75d8e5e6310VgnVCM100000082ca60aRCRD... Read More

If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition If you filed a petition for your spouse and/or minor children when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you mustupgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send: A copy of the biodata page of your U.S. passport; or A copy of your certificate of naturalization Important Notice: If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your minor children when you were a LPR, you must do so now. A child is not included in an immediate relative (IR) petition. (This is different from the family second preference (F2) petition, which includes minor children in their parent's F2 petition.) Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not a U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.... Read More

You cannot speed up the process.  You should be eligible for a travel document right now, but you have to consider the impact of travel, even approved travel, on your status.  Here is a link with more information:  http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4c790a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD... Read More

The form I-134 affidavit of support obligation cannot be breached except where the person being supported passes away, leaves the U. S. permanently, becomes a U. S. citizen, enters into removal proceedings but applies for and obtains a new grant of adjustment of status based on a new affidavit of support if one is required, or has accumulated 40 quarters of earnings. I do not see how you would be able to deport your mother unless she has committed deportable offenses. I do note that under the 2013 HHS poverty guidelines, you are only obligated to support your mother for 2013 as a single person at the 125% level. The amount of obligated support would be $14,362.50 and if you can prove it, you can deduct the $13,000 that she makes from that amount.  The same principle applies to any other year in which she is making reportable income.  Please further note that the $14,362.50 amount appplies to the 48 contiguous states and D.C. 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 More

As you are in valid H-1B status until June 30, 2013, you may be able to have another employer submit a new H-1B petition for you prior to the expiration of your present petition. You would have to show that you are currently working for your present H-1B employer by such proof as your most recent payslips. Your present employer can then withdraw both of his pending petitions. 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 More

The question at the end of the process is whether your brother will be able to be supported financially in this country taking into account his medical condition. If you are well-to-do or have such a financial co-sponsor, your brother may still be able to immigrate despite his physical disability. I suggest that you put in the I-130 petition at this time and see where you are when his priority date is close to becoming current. 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 More

Your filing form I-130 for your soon-to-be husband who is here on the visa waiver program does not excuse his obligation to return to his home country within the 90 days. He is only allowed to remain in a quasi-legal status if you also file form I-485 adjustment of status application to permanent residence. Then he could remain in the country until both he and you are interviewed in connection with the applications.  I note that if you were engaged prior to his coming to the States, there could be a question of whether he misrepresented his true intentions when he entered under the visa waiver. 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 More

USCIS wants your dependent I-20 signed by the designated school official and your wife, the F-1 holder or F-1 applicant. 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 More

You state that your I-94 expired on March 17, 2013 and the question is whether the expiration occurred prior to or after the denial of your change of status request from B-2 to F-2. For purposes of the three-year bar for an overstay, that would be if you remained in the US for 180 days or more after the occurrence of the last event – expiration of the I-94 or denial of the change of status request. A motion to reopen does not stay the time after which you would be barred. For example, if your change of status denial occurred on April 1, 2013, the three-year bar for an overstay would begin 180 days after April 1, 2013. If your motion to reopen was still pending close to 180 days, you would have to make the choice of either abandoning the motion and leaving or incurring a three-year bar on entry if you stayed and received a denial. A three-year bar would prevent you from returning to the US once you left. I note that the fact that you are presently illegal automatically invalidates your visitors visa and that you will have to obtain another before reentering the US even if you left at this moment. Whether you are able to obtain another visiting visa in short order would be up to an American consular official. I cannot make a recommendation in your case because I do not know the strength of your motion. I can only tell you of possible consequences dependent upon which option you take. 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 More

If the illegal immigrant has no crimes or order of removal, the good chances are that the trip to court for the ticket would be fairly routine. ICE is currently attempting to focus its resources on certain classes of individuals and not those with minor situations as you describe. Under the memorandum on prosecutorial discretion issued in 2011, ICE has guidelines for the type of situations in which it will hold individuals. In the past, situations in which illegal immigrants went to court for any reason were always fraught with danger. Although there is still the possibility of an immigration detention hold, the chances are much less these days unless there are other aggravating circumstances. 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 More

Most relief available is counter-acted by convictions for aggravated felonies (and these two offenses likely qualify).  If these offenses become the grounds for removal, he will be barred from returning forever.  The only hope someone in this situation has is attacking the conviction collaterally, which can be very expensive and time consuming, not to mention full of risk.... Read More

There is no 90 grace period.  If some is already in the US, you can wait as long as you want to get married.  The only problem is that if she doesn't marry a US citizen any overstay beyond six months will result in a re-entry bar.  If she marries a US citizen, any overstay is forgiven.... Read More

Your question is unclear as to who needs immigration assistance.  Your citizen children must be 21 years old before they can sponsor a parent for a green card.  It appears from your post that you do not have a gree card yet.  If your fiance is a citizen, he could sponsor you for a fiance visa or a green card after you get married.  If you are not legally present in the U.S., but will need a waiver for your unlawful presence. I suggest that you contact an experienced immigration attorney to review your situation.  Good luck!   Mark J. Curley Curley Immigration Law www.curleylawoffice.com  ... Read More

In order to bring your fiance to the US you will first need to file a fiance petition with the USCIS and then upon approval your fiance will make a nonimmigrant visa interview appointment with his home country US consulate.  The entire process may take from 8 to 12 months so patience is required.  Our office has experience with these types of visas and are able to help you.... Read More

The difficulty with your idea is that an F-1 student must be able to show that he or she is not an intending immigrant. Your wife would have to disclose on the visa application form that she is married, and that may present a problem to a U. S. consular officer in deciding whether to give her a student visa. If she indeed intends to study and applies for the student visa prior to engagement or marriage, she would be truthful in her visa application form that she does not have a fiancé or husband in the States. Other options available are a K-1 fiancée visa for her if you are a U. S. citizen. In that way, she would enter the U. S. is your fiancée, and you would both have the obligation of marrying within 90 days of her entry) or your marrying and you applying for her immigrant visa, a process that would take approximately one year. 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 More

You appear to be eligible to adjust your status to that of a legal permanent resident of the United States based on marriage to a United States citizen.  I would need to know some more information to determine if we can help you, particularly whether you applied for legal permanent resident status based on your first marriage and what happened with that application.  Please call 215-218-9800 for a free consultation or you can email me at mshenry@ix.netcom.com. Please visit our website at mshenrylaw.com... Read More