Pennsylvania Immigration Legal Questions

Yes as long as you entered the country legally, and you marry a US Citizen, you can adjust status to LPR, even though you have accrued unlawful presence. Be careful not to leave the USA while awaiting adjustment, or you will trip the 3 or 10 year bar. Retain counsel anywhere in the USA to represent you once you marry your fiance. ... Read Answer

Married to a US citizen, you are planning to take advantage of the three-year rule for naturalization. It appears that you would fit the residence requirement even if you were to leave the US two months before your three years of residency are completed. Coming back to the US, you would have to resume residency in the same immigration district. You would also have to match the other requirements which are that your wife has been a US citizen for three years, and that you have resided together continuously without separation during the time that you have held the green card. On that score, I assume that you would be taking your wife with you on your overseas trip.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

When a case is denied, you can file a motion within 30 days to have the case reopened with proof that your spouse has either obtained an H-1B extension or that it is still pending. If you are still in valid H-1B status, your other choice would be to file a new change of status application with the proof of your spouse's approval or pending petition.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

To find out what is happening with your case, you should call the U.S.C.I.S. National Customer Service Center at 1-800-375-5283. A customer representative should be able to tell you what notice was returned to the agency. The notice usually means that U.S.C.I.S. sent something to you, and for some reason the notice was returned, e.g. name was not on the mailbox or postman did not recognize that you lived at the address. As to whether a change in your H-4 dependent visa case will impact your H-1B petition, it made depending upon the content of the notice. If the notice that was sent out was a denial, you would likely receive a denial on the change of status part of the H-1B even if the petition part is approved by U.S.C.I.S. 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

A person coming to the US for visiting purposes or other personal reasons would correctly apply for a B1/B2 visa on DS-160. An individual wanting to come to the US permanently should not be using a visiting visa, but a visa with dual intent such as H-1B or L-1 or be sponsored for permanent immigration through the family-based or employment-based categories.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 NVC normally confirms payment for any immigrant visa application within 3-5 days of receiving it electronically. Payment by mail would be a much slower process. When payment is confirmed electronically, applicants can then file the DS-260 Immigrant Visa and Alien Registration Application online, and then depending upon whether the country is designated for electronic processing, either email copies of all documents or mail them to the NVC. 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 the marriage was 2 years old at the time that he entered the U. S. for residence status, U.S.C.I.S. would give him a permanent green card instead of a conditional one. If he only received a conditional green card and has only been here for 2 ½ years, he would most likely not be telling you the truth if he filed a joint I-751 since that can only be filed within 90 days of the second anniversary of his obtaining conditional residence and it takes U.S.C.I.S. approximately a year to process joint I-751 applications to remove the conditional basis of green cards. He could conceivably have filed on the bases of being a battered spouse or having had a bona fide marriage that ended in divorce, but nothing in your related facts would support such applications.  As for his working to get his children into the States through your citizenship, any such petitions to bring children into the United States would require much paperwork being signed and attested by you. 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 generally held view is that individuals who are claiming to be U. S. citizens must affirmatively make that claim to the Department of Homeland Security if they wish to be recognized as such, and that it is not the duty of the government to ensure that they are not before moving against them in removal proceedings. 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

For an L-2 dependent to obtain a work permit, he or she must file for employment authorization on form I-765 application for employment authorization. Upon obtaining an employment authorization, the individual can apply for a working Social Security number. I do note that L-2 employment authorization is for spouses and not dependent children.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

An attorney would need more information to answer these questions. If you were married, you may be able to apply for permanent status through your spouse, but you would need a waiver for your unlawful entry. Depending on when you entered the US, you may be eligible for deferred action for childhood arrivals. However, this status may be taken away when the new President takes office.  ... Read Answer

You can in theory have both a valid H-1B visa and F-1 visa. Whether the U.S. Embassy will allow both will really depend upon your complete immigration history. If you have both, you could switch from one status to another by filing a change of status in the U.S. or entering the U.S. on the other visa. The change of status process takes months so it is usually better to depart the U.S. and return obbthe visa in which status you wish to be. Consular processing is the pierces of applying for a visa at the consult. You can read more at http://myattorneyusa.com/introduction-to-h1b-visas.... Read Answer

If this is a first time H-1B for you, then the Petitioner/Employer could file as early as April 1, 2017 for an October 1, 2017 start date. The Employer could file as an automatic Change of Status (COS), which means that (if selected in the lottery), your H-1B status would automatically begin on October 1, 2017. The Employer could also file for Consular Notification, which means that you'd need to depart the U.S., apply for an H-1B visa stamp, then re-enter the U.S. in order to effectuate your new H-1B status. Please note that time spent in L-1B status is counted against the statutory six year limit in H-1B status. It is anticipated that the number of petitions received for the next fiscal year will exceed the number of available visas, which will result in another lottery. Please note that this information is not intended to constitute legal advice and is intended for informational purposes only.   ... Read Answer

A requirement for children to obtain derivative citizenship through a parent is that they live with the parent. If they are living significant periods of time apart from you and your spouse, there could be problems proving this component of the requirements. Items that U.S.C.I.S. has asked for in the past include tax records of the parents, schooling records, and any other proof of the children living together with the parents. 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 mere fact that you are Syrian does not make you eligible for asylum in the U.S. You must establish you have a well-founded fear of persecution on account of your race, religion, nationality, political opinion, or membership in a particular social group to be eligible for asylum. In addition, the fact that you have a permanent reisedence permit in Sweden will be an issue. I would not simply give up your residence permit. You may find yourself in a situation where you must return to Syria. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

Normally it would not be possible for you to immigrate by just going to Pennsylvania and living with your aunt’s family that you have been visiting since 2011. The only possible way would appear to be if you are claiming special juvenile status as a child who has been declared dependent on a juvenile court; whom a juvenile court has legally committed to, were placed under the custody of, an agency or department of the state; or who has been placed under the custody of an individual or entity appointed by a state or juvenile court. The juvenile court must find that juvenile’s reunification with one or both of the juvenile’s parents is not viable due to neglect, abuse, abandonment, or a similar basis found under state law. 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

A request for advance parole typically takes 90 days to process. You can request the application be expedited, but you will need a good reason. Simply wanting to have the document faster is not sufficient. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status. ... Read Answer

Not buying medical insurance puts you in the same boat with millions of people in this country. Any penalty would be civil and not criminal. There is no problem if you apply for naturalization as long as your taxes are accurate. For the 2015 tax return, the penalty is $325 per adult and $162.50 for each child up to a maximum of $975. I note that there is no question concerning the Affordable Care Act on the form N-400and it would no most likely not be a subject for a naturalization interview. 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 daughter must first become a lawful permanent resident. She would need to be a lawful permanent resident for 5 years (3 years if she continues to be married to a U.S. citizen) before she can file for naturalization. To become a lawful permanent resident, your aughter and son-in-law must file a variety of forms and supporting evidence. There is no requirement that they use the services of an attorney, but it is recommended as the process can be daunting. Your daughter can find the necessary forms at www.uscis.gov. Her and her husband will need to complete the following forms: (1) I-130; (2) I-485; (3) G-325A; (4) I-864; (5) I-765; and (6) I-131. They should start be reviewing the forms and reading the instructions. Many attorneys will provide limited services such as form preparation or review. It may advisable for them to consider such options. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

If you marry in Mexico, you could take steps to bring her to the U. S. by filing form I-130 petition for alien relative with U.S.C.I.S. If you are holding legal status in Mexico, you may have the choice of whether to file with U.S.C.I.S. in Mexico instead of the Chicago lockbox of U.S.C.I.S. The agency has offices in Mexico City, Ciudad Juarez, and Monterrey. The reason for which individuals may wish to file at U.S.C.I.S. offices overseas is the usually shorter period of waiting for the spouse to immigrate. 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

Quite honestly I am surprised you were not found to have abandoned your residence given the information provided. Permanent residence is not permanent. There are a variety of reasons one could be stripped of his/her residence. You risk losing your residence due to abandonment. Unfortunately, you can only wait to see what happens. You need to do what you can to build ties to this country. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer