Oregon Immigration Legal Questions

Generally, if he entered the United States with a valid visa (there are some exceptions) and you are a United Stares citizen, he would be able to seek adjustment of status to a lawful permanent. It would be important to know what visa he used, how he obtained the visa, and whether he has previously applied for other immigration benefits. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You may not be able to finish the paperwork if you and your spouse are no longer together. Your spouse's cooperation is typically needed to successfully obtain a green card. Would your spouse be willing to help you obtain a green card? Without reviewing the documents and discussing the marriage further, it is hard to assess what can be done. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Your brother must first file an immigrant visa petition on behalf of his wife. A K-3 visa petition can only be filed after the immigrant visa petition is filed with USCIS. There is no fee for filing the K-3 petition but there is typically no benefit derived from filing the petition as processing of the K-3 will cease if the immigrant visa petition is approved prior to or at the same time as the K-3 visa. Given current processing times, USCIS typically approves the immigrant visa at the same time or before the L-3. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

  I would urge you to consult with and hire a divorce lawyer and an immigration lawyer to assist you with this case for the lawyers to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result in obtaining a divorce decree and filing the I-751 petition as a divorced spouse.  ... Read Answer

You cannot simply cancel a deportation order. You would need to reopen the deportation proceedings to remove the deportation order. There are several avenues to seek reopening of deportation proceedings. The passage of time alone is typically an insufficient ground for reopening. You will typically need a ground of relief from deportation to reopen the case. I would recommend you discuss your options with an experienced immigration attorney. You can read more about deportation defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Under United States immigration law you can only file an immigrant visa petition on behalf of a spouse, child, parent or sibling. You cannot petition for a boyfriend no matter the length of the relationship. You would need to marry in order to petition for him to receive an immigrant visa. You could consider a prenuptial agreement to limit potential financial obligations. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You need to proceed with caution. Your girlfriend cannot use a tourist visa to enter the United States when her intent is to marry you and remain here permanently. A tourist visa is designed to allow someone to enter the United States to visit for brief period. If your intentions are to marry, you should be pursuing a fiancé visa. Thi a visa is designed to allow your girlfriend to enter with the intent to marry and seek permanent residence. You can read more about the fiancé visa at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

Based upon the information provided, you do not appear eligible for any immigration benefits that would allow you employment authorization. You are not able to change or extend your status when you enter in the visa waiver program. You could not depart the United States to seek an appropriate visa as you would likely be denied a visa and/or barred from admission given your prior immigration history. You would be able to seek employment authorization as an ancillary benefit to your green card process, but it sounds like you have yet to file. You may want to consider working with an attorney in this matter. You can read more about adjustment of status at http://myattorneyusa.com/immigrant-petition-andor-adjustment-of-status-in-the-absence-of-the-petitioning-spouse.... Read Answer

It will depend upon more information about the crime. You would be ineligible for DACA if convicted of a felony or significant misdemeanor. An experienced immigration attorney would need to review the record of conviction to assess your eligibility. You can read more about DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca.... Read Answer

There is no new immigration law that I am aware of allowing children who have been petitioned for to jump the line on their immigration based upon being in the US and paying money for the green card to be fought over in court.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

No, it is not true. A green card through investment is a completely separate process than a family-based petition. The minimum investment is $500,000.00. Purchasing a house is not sufficient. There are several requirements for the investment one of which is job creation. You can read more about family immigration at http://myattorneyusa.com/family-immigration. There is also information about immigration through investment in the site.... Read Answer

Hello. It depends on the drug conviction and the section of law he was deported under. they can send me his criminal record and order of deportation and I will be able to determine if he is able to return to the U.S. He can fax or email me at 915-219-4070/sjzermeno@zermenolaw.com My firm has clients throughout the United States.  I would be happy to assist him with his immigration matter. Please call for a free initial consultation, we offer payment plans. 915-219-4070 Samuel J. Zermeno, Esq.... Read Answer

It is it is possible your mother is a United Stares citizen based upon your grandfather's birth in the country. However, your grandfather being born in the United States is not enough. There are several criteria that must be met depending upon when your mother was born. I recommend you consult an experienced immigration attorney. You can find more information on citizenship at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Based upon the limited information provided there are two options. The first would be an E visa. An E visa would allow you to remain in the United States to manage an investment but an investment would actually need to be made. The steps you have taken thus far are insufficient for an E visa.  The second option could be an L visa if the foreign and United States company are related. It is not clear whether there is any relationship between the two companies. ... Read Answer

It appears your wife is eligible to file for naturalization. She should file as soon as possible. You cannot help your mother-in-law to become a lawful permanent resident. You wirfe could petition for her mother to receive an immigrant visa once she becomes a United States citizen. Your mother-in-law could concurrently seek adjustment of status based upon this immigrant visa petition. You can read more about family-based immigration at http://myattorneyusa.com/immigration-law-and-practice/immigration-to-the-usa/family-immigration. ... Read Answer

Hello, You may  lose your green card, not necessarily because of the divorce (for it sounds like you have been married for a long time to your US citizen spouse) but because you will no longer live in the U.S. The reason for this is that as a legal permanent resident you are required to live in the U.S. You may choose to become a U.S. citizen before you move and be able to travel freely back and forth, or you may move back and understand that you will be coming back to the U.S. as a visitor when you no longer have a green card.  Good Luck. 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

The timing of when to return to the home country for visa stamping is up to you and your spouse. You are both legally in the U. S. as you both received changes of status to H-1B and H-4. I note that some people never leave the U. S. during the time of their H-1/H-4 statuses since there is no obligation for you to leave. There is also the attendant risk upon interviewing overseas of being delayed in going back to the U. S. or worse being rejected for the H-1B visa at the home consulate. .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