Pennsylvania Immigration Legal Questions

You can marry while in the United States. After you marry, your husband could start the immigrant visa process. However, you will not be able to remain in the United States while the case is being processed. The filing of the petition on your behalf conveys no lawful nonimmigrant status to you. You will not be able to adjust your status to resident if you fail to maintain lawful nonimmigrant status until a visa is available for you. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You are allowed to purchase stocks and otherwise invest your money so long as your activity does not constitute day trading. Day trading would be considered work. Working for anyone other than the sponsoring employer is a violation of your nonimmigrant status. You can read more about H-1B status at http://myattorneyusa.com/work-visas.... Read Answer

ETSA does not guarantee admission. An attorney may be able to explain what happened. Your cousin would need to produce copies of all correspondence received from CBP as well as any notation provided in her passport. Once an attorney reviews this information, he/she may be able to provide more insight into why your cousin was denied entry. ... Read Answer

You can either send written correspondence to USCIS with a copy of the birth certificate or wait until called for an interview to inform USCIS. If you decide to notify USCIS in advance, make sure to include the filing receipt and your alien number in your cover letter. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

I could only speculate as to why your husband has retained his own attorney. There could be legitimate reasons. Have you asked him why? If so, what was his reply? Have you notified the attorney you and your husband hired together? You are free to withdraw the Form I-130 you filed on his behalf at any time if you have concerns about your marriage. It is best to do so in writing. You can submit the request in advance or at the interview. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You must disclose the offense on your any application filed with USCIS regardless of whether it was expunged or not. You will also need to provide a certificate of disposition for the arrest. Your failure to disclose the arrest can lead to serious consequences including a determination that you made a material misrepresentation. If you were convicted, you should have an attorney review the certificate of disposition to make sure you are not ineligible for a green card. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Assuming you were the asylum applicant, you would need to file Form I-485. If you were not the asylum applicant, you will need to file a request for nunc pro tunc asylum. I encourage you to consult an attorney if you derived asylum through your wife. You can read more about asylee adjustment of status at http://myattorneyusa.com/adjusting-status-as-an-asylee.... Read Answer

Any time you remain in the country more than authorized results in the accrual of unlawful presence. Accrual of more than 180 days of unlawful presence triggers a bar to future admission. However, a lesser stay can have serious repercussions. You can find yourself denied a visa or entry in the future as a matter of discretion. You should try to depart the country in compliance with your authorized stay. If you cannot do so, request an extension of status. You can read more about visitor visa's at http://myattorneyusa.com/travel-visas.... Read Answer

You need to plan to depart the United States immediately. You are out of status and accruing unlawful presence. There is no grace period when a person is terminated from employment. You will likely face difficulty transferring to a new employer, because you will not be in status at the time of the transfer. If you depart the country, you can still transfer the H-1B. You will be able to return once the transfer is approved. Accrual of 180 days or more of unlawful presence will trigger a bar to admission. You can read more about H-1B at http://myattorneyusa.com/termination-of-h1b-employment.... Read Answer

Your case is outside normal processing times. At this point, only USCIS can advise you how much longer the wait may be and the reason for the delay. I could only speculate, which wil not help you. Have you tried contacting USCIS? You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You could file an immigrant visa petition on his behalf once you have married. As part of the immigrant visa process, you will be required to submit an affidavit of support on his behalf. You may be able to use your husband's income or assets if you do not have sufficient income or assets. You may also use a joint sponsor. No. Your husband could not enter on ETSA, marry you, and remain here while seeking an immigrant visa. He cannot use ETSA to enter the country when his intent is to remain permanently. This could lead to serious consequences. You would be better off seeking a fiancé visa. Yoy can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The answer to your questions will depend upon how you entered the country. If you were admitted or paroled into the United States, the process will take about 6-8 months. While your request is pending, USCIS may issue advance parole that authorizes you to return after a trip overseas. This is typically issued with 90 days. If you were not admitted or paroled, the process could take 1.5 to 2 years. You will not be issued advance parole. You will need to seek an immigrant visa through consular processing. You may qualify for the provisional waiver.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You really need to file the application for adjustment of status right away. I know the filing fees are not small but it will costs you more down the road if you wait. Maybe someone can loan you the fees. Your wife can request employment authorization as part of the process. Once approved, she can obtain a social security number. You can read more about K-1 at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

  You should still be able to apply for your green card through your husband. After holding your green card for three years, you would be eligible for citizenship. If you are deported from the US or you leave the US on your own, it will be very difficult for you to come back to the US. You should get the paperwork filed right away to protect yourself from deportation.  ... Read Answer

The fact the you were under 21 at the time the petition was approved is not enough to qualify for an immigrant visa. The answer will depend upon the application of the Child Status Protection Act. There is not enough information provided to assess the matter fully. I would encourage you to consult an experienced immigration attorney whio can make a formal assessment on your eligibility to immigrate.... Read Answer

More information is needed about your immigration history. The fastest way to bring a child to the United States would be if she is a United States by birth. You would simply need to request a passport. You should also apply for a certificate of citizenship after she has entered the United States. If she is not a United States citizen, you would need to file an immigrant visa petition on her behalf. You can read more about deriving United Stares citizenship and family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You may file an asylum application of you fear returning to your native country. You will need to explain in detail why you cannot return as well as obtain supporting documentation. The asylum process can be overwhelming. I encourage you to work with an attorney to make sure your claim is properly developed. In the interim, you can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

It is not clear what you are asking about. Are you attempting to become a lawful permanent resident? If so, there is no path to lawful permanent residence simply by being here for five years. You can read more about obtaining residence at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer