Oregon Immigration Legal Questions

Question 1: She can initiate travel any time she wishes within the period of validity of the visa.  There is no requirement that she use it within 4 or 5 months after issuance. Question 2: The immigration officer can aske her anything he wants, a truthful answer is more lilkely to avoid a problem than a fabricated one that your wife may not be able to back up. Question 3: Travel arrangements are different for everyone.  If the connecting flight makes sense, then it should not be an issue. Question 4: I would always assume that the immigration officer can request information, even if not readily available to him, from the visa application and it is best to stay with consistent asnwers.  If you tell the truth you stand a better chance of the asnwers being consistent. Question 5: This is a tricky question.  A visitor entering the US on a Visitor Visa is a non-immigrant.  If she has preconceived intent and the government discovers it, she could be found to have committed fraud.  The general rule si that if she takes any action to change status within 30 days of entry to teh US, she has the burden of rebutting a possible presumption of preconceived immigrant intent at the time of entry.  If the conduct leading to a change in her status in the US occurs between day 31 and day 60 from date of entry, the burden shifts to the government to prove her preconceived intent.  If the action occurs after day 60 it is no longer an issue.   You provided no information on your status or how you expect that she will ultimately be eligible for a green card.  This information would be helpful to whoever assists you with resolving this problem.  Best of luck to you.  Jan Joseph Bejar, Esq.... Read More

Everyone should answer all the relevant questions on an application for naturalization. I do note that U.S.C.I.S. would be more concerned with questions concerning marriages where an individual has obtained permanent residence through the marriage or has sponsored other people for permanent residence through marriage. 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

Hello,   If you entered the U.S. legally on a visitor's visa, I am assuming you mean a B1/B-2 visitor visa, and you are married to a U.S. citizen, you should be able to file for your green card even though your I-94 has expired. You will be required to show the USCIS proof that you entered the U.S. legally and so you may want to keep your passport and visitor's visa in a safe place until you file. Our law office has filed many cases like yours without any problems however it is still a good idea to speak to a local attorney in your city and show them your entry visa before you file for the green card. 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 More

Hello,   If you are a U.S. citizen and you have a conviction for theft, you would still be able to file for your parents' green cards when you turn 21 years old. 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 More

Hello.  There should be no record at the port of entry regarding his attendance. The Supreme Court ruled that you cannot deny public education. Thus, the schools can permit him to go while on a tourist visa. However, this is not the purpose of the visa. Thus, if and when he turns 18, this may be used against him in any future immigration or visa applications. If he is asked about his stay/time in the US, the border may deny his entry because going to high school is not the proper intent/use of a tourist visa. ... Read More

Aside from the questions associated with some benefits to widows of US citizens, there is the problem of physical residence in the United States. The physical residence periods that you are referring to occurred within a period of five years. If using the five-year rule, the naturalization applicant must have stayed in the country for at least 2 1/2 years right before filing the application. If using the three-year rule, the naturalization applicant must have stayed in the country for one and a half years within the three-year period prior to applying for US citizenship.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

I am not aware of any immigration form that requests your ex-husband's alien registration number. The I-130 petition does request information on other people that you filed for, but not the "A" number. If the information is not available by your ex-husband, you should so inform the inquirer.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

I assume by your concern over your husband's age of 16 that you were both thinking that he might qualify for the administration's program, Deferred Action for Childhood Arrivals. Another alternative available to your husband if you are a US citizen may be the administration's other signature program, the I-601A under which you would apply for his I-130 alien relative petition; he would apply for an I-601A provisional waiver while here based upon extreme hardship to you; and upon approval, consular process the rest of his paperwork at his home country's American Embassy or Consulate. The I-601A program offers a much better choice for consular processing than prior practice under which the petitioner would file the I-130, have it consular processed, the applicant interview overseas, be denied, and only then given the opportunity to apply for the waiver. The other alternative for your husband is for him to remain in the States and await the results of this year's debate on comprehensive immigration reform.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

It is, of course, illegal to lie to obtain any immigration benefit.  However, proving the lie can be difficult for law enforcement.  Your word alone would not be sufficient.  The US attorney would need to agree to take a case to prosecute someone and then if they were convicted, only then could citizenship be revoked.  Based on what you said, I don't believe a US attorney would take this case.  You could contact the local US attorney and see.... Read More

It is possible for you to change your financial sponsorship for your schooling here in the States. The issue, however, would probably not come up again to the government unless you decided to go overseas and required a new visa to return to the country. Otherwise questions concerning your ability to maintain your schooling without working illegally would generally be a matter between you and the school issuing the I-20 or DS – 2019 documentation. 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 the 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 Canadian husband may have a difficult time crossing the border if a CBP inspector discovers that he is married to a US citizen. That is of course because an F-1 student is supposed to have nonimmigrant intent, and that might be difficult to show in a situation where the spouse is a US citizen. I suggest that you maintain your student visa in Canada until your husband is able to enter the States as an F-1 student. The documentation that you have outlined for him to bring to the border is deficient in not listing proof of support, which is essential for F-1 students who are generally not allowed to work. If he decides to immigrate later and you will be sponsoring him for permanent residence, I suggest that you do not attempt to adjust his status to permanent residence here in the states as that might raise many questions with USCIS. A more roundabout but more acceptable route would probably be filing an I-130 petition, having it approved, and consular processing his immigration at the American consulate in Montréal. 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

Voluntary departure carries a number of benefits. First, because it is not a removal order, leaving the United States under voluntary departure does not result in inadmissibility for 10 years under Immigration and Nationality Act (INA) §212(a)(9)(A). In addition, since it is not a removal order, voluntary departure does not subject a person to reinstatement of removal, should that person subsequently enter the United States unlawfully. Finally, voluntary departure allows the individual to leave on his or her own, avoiding the stigma of deportation. Thus, you should be able to return in any available legal status, including under the visa waiver program.... Read More

You may self-petition. Here are the requirements for an athlete. 1. You must have extraordinary ability in athletics which has been demonstrated by sustained national or international acclaim and your achievements must have been recognized in the field through extensive documentation; and 2. You seek entry to continue work in the area of extraordinary ability; and 3. Your entry will substantially benefit prospectively the U.S. Often, the substantial benefit criterion is met through the other two criteria. 4. No Employer Needed— Although the applicant must intend to pursue work in the U.S. in the area of expertise, no specific offer of employment is required. 5. This category is intended “for the small percentage of individuals who have risen to the very top of their field of endeavor.” 6. Evidence You'll Need: 6.a. You must demonstrate “sustained or international acclaim” and that the your achievements have been recognized in your field of expertise. 6.b. Evidence shall include either: (1) a one-time achievement such as a major internationally recognized award (e.g., Nobel Prize)(not sure whether the Asian Games medal will qualify); or (2) documentation of any 3 of the following: - Receipt of lesser nationally or internationally recognized prizes or awards (the Asian Games medal would certainly qualify here). - Membership in an association in the field for which classification is sought which requires outstanding achievement of their members, as judged by recognized national or international experts. - Published material about you in professional or major trade publications or other major media. - Participation as a judge of the work of others; - Evidence of original athletic contributions of major significance. - Performance in a leading or cultural role for organizations or establishments that have a distinguished reputation. - High salary or remuneration in relation to others in the field.... Read More

Apply to renew at the Point of Entry (POE) may be less expensive because when you apply at the POE it's $50 and I-129 costs $320.  So it depends on how close to the border you are and whether your employer is paying the fees.It is faster to go to the Point of Entry.Mail-in renewals make the most sense if everything stays pretty much the same, your employer is paying the fee and you live a long way from the border.... Read More

Consult an immigration lawyer immediately. You may have rights under the violence against women's act VAWA to self petition and get yourself a green card to the abuse you suffered. You may not. Friend or relative or even the shelter, but you should file criminal charges. Rehim Babaoglu, Attorney At Law THOMASON, HENDRIX, HARVEY JOHNSON & MITCHELL, PLLC Suite 2900, 40 S. Main St. Memphis, TN 38103-5529 tel: (901) 525-8721  fax: (901) 531-8514 e-mail: BabaogluR@ThomasonLaw.com website: www.thomasonlaw.com    ... Read More

If your fiance was inspected at the border (did not cross illegally), and was admitted, he can adjust status after marrying a US citizen.  He would not need DACA.  If he did cross the border without inspection, he would not have qualified for a social security number.  Nonetheless, DACA is a fall-back position that would allow him to get a work permit and avoid removal.... Read More

Each specific statute needs to be analyzed for immigration consequences, but in general neither a conviction for DUI nor reckless driving should render an individual removable from the U.S. or inadmissible to the U.S. See: http://www.state.gov/documents/organization/86942.pdf  (See section 9 FAM 40.21(a) N2.3-2 Crimes Committed Against Governmental Authority) Every state statute is different and any potential conviction for you should be reviewed by an immigration attorney for psosible immigration consequences.  Every case is differnet and should be specifically analyzed. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

If you bring your son in with you on your first trip returning to the United States, he will be able to obtain lawful permanent residence as your derivative. Your girlfriend, however, will have a more complicated situation. You can file an immigrant visa petition for her, but she will not be an immediate relative. You will want to review if she will qualify for any other visas, and how long it will be for you to qualify for naturalization.... Read More

It will take a while (2-3 years) before you can bring your girlfriend to the US but only if you get married to her. The child can be brought to the US sooner and will have green card status right way upon entering the US. For your future wife (only if she is your wife can you bring her to the US) maybe explore some student visa options or employment options if you want her to be able to enter the US sooner. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read More