Pennsylvania Immigration Legal Questions

The petitioner either selected consular processing on the petition or you are ineligible for adjustment of status. Not everyone can pursue a green card in the United States. Some individuals are required to pursue an immigrant visa through consular process. You need to consult an attorney before departing the country. Your departure could trigger a bar to admission. You may find yourself stuck outside the country. You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Generally speaking, it is never a popular position for the Department of Homeland Security to go after a recognized church that gives sanctuary to an illegal alien, regardless of whether the alien is a member of the church are not. Bad press usually follows, which is not something that the DHS headquarters in Washington appreciates.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 boyfriend will likely be contacted by Immigration and Custims Enforcement prior to completion of his sentence regarding removal. This usually occurs closer to the alien's release date. Your boyfriend could contact Immigration and Customs Enforcement on his own. He may be able to leave the United States prior to completion of his criminal sentence. You can read more about criminal aliens at  http://myattorneyusa.com/criminal-aliens.... Read Answer

You must apply for naturalization. Someone else cannot file for naturalization on your behalf. You may be eligible to seek naturalization depending upon what you mean by your permit residence. I would encourage you to consult an attorney. The filing fees can be waived but not because other family are citizens. The filing fees can only be waived if you show economic hardship. You can find more information about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

Hello. You may be eligible to apply for asylum if you have not been in the US for more than a year or if extraordinary circumstances prevented you from doing so.  If so, you may still be eligible for withholding from removal which is similiar to asylum but more difficult to receive and if so you do not receive lawful permanent resident status but are protected from removal and will receive a work permit. Please contact me for free consultation for case specific information.... Read Answer

You can request an EAD if you have a pending application for adjustment of status. You may only file for adjustment of status if your priority date or application filing date is current. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Hello. A permanent resident is required to maintain permanent residence in the US to maintain their status.  Normally when a permanent resident leaves the US for a period of 6 months or more an officer can presume they have abandoned their status.  However, only an immigration judge can make that determination. If your son plans on being out of the US for periods of six months or more then I recommend he files for advance permission for reentry into the US.  If approved this would prevent any immigration officer from presuming your son has abandoned his status. There is more information regarding this issue as most situations are case specific. I would be glad to further discuss this matter with you personally. Please call my office for a free consultation. Samuel J. Zermeno, Esq. 915-219-4070 sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

Hello. The US State Department will request additional forms of identification if they are not satisfied with the documents you provide them. However they should not request unreasonable forms of identification if you have provided sufficient forms of identification. Please send me a copy of yoru denial notice and I will determin how best to proceed with your application. Samuel J. Zermeno, Esq. 915-219-4070 sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

You would of course have to be in the US to apply for asylum. The US consuls will not give you a visa for that purpose. Based upon your fact situation, I do not believe that you have a promising case. Economic persecution even by the state has a very high standard before asylum can be granted. Your facts do not meet the standard in my opinion. 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

You mayor may be able to apply for permanent residence. There is not enough information to provide a definitive answer or determine how you would need to proceed. I would encourage you to schedule a consultation with an attorney to determine if m you are eligible and how to proceed. You can find more information about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Based upon the extremely limited information you have provided, marriage is likely your best option. However, you need to marry because you want to build a life together not get a green card. A pregnancy will not complicate the matter. However, not living together after the marriage may complicate matters. I encourage you and your boyfriend to consult an attorney where these issues can be discussed in more detail. ... Read Answer

Hello,   Your DACA status cannot be used to file for your parent's legal permanent resident status or green card. However after you join the military you may be eligible to file for Parole In Place (PIP) for them. Once they have Parole in Place, you may be able to file for their green card. It is important that you speak to an experienced immigration attorney to provide them with the details of your personal situation and your parents' immigration and criminal history before you move forward. Good Luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. For legal advice about your specific situation, please speak to your immigration attorney.... Read Answer

Based upon the information provided you do not appear eligible for lawful permanent residence. Being from a war torn country alone is not a sufficient basis for permanent status. You should discuss your situation in more detail with an experienced immigration attorney. Eligiblity for immigration benefits can change based upon additional facts.... Read Answer

There is no easier answer. A United States citizen can petition for a spouse, parent, child or son/daughter. There is no law that allows a Nited States citizen to petition for a grandmother or cousin. You may be able to petition for your cousin if you legally him/her. You may also be able to bring them both here through humanitarian parole but more information is needed.... Read Answer

You must first be divorced from your current spouse. It is important that you make sure the divorce is finalized not simply filed before marrying your fiancé. You may marry your fiancé while she is in the United States for a visit, but she would need to return to Brazil for visa processing. A person cannot enter the United States on a tourist visa with the intent to marry and remain here permanently. This is material misrepresentation and can trigger a permanent bar to admission.  ... Read Answer

There is absolutely nothing in your post to suggest your friend could be able to immigrant to the USA or not. Hence, we would not be able to opine on this scintilla of information proceed.    For Initial research read here: Employment Based Immigration Family Based Immigration Investment Based Immigration... Read Answer

Normally in your situation, you would apply for your immigration outside the U. S. since you are already outside of the country. Your wife could either file the I-130 relative petition at the Chicago lockbox of U.S.C.I.S., or with the local U.S.C.I.S. office in the country in which you are living. If your wife takes the latter choice and there is no local U.S.C.I.S. office in that country, she could inquire at the local U. S. Embassy or Consulate for the procedures to file the I-130 petition with the Embassy or 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

In your situation, you would likely be able to implement your plan as long as you are able to have your J-1 visa stamped in India in May. You could then explain your situation to the inspector at Customs and Border Protection and he or she would most likely attempt to accommodate you. But insofar as you will have entered the U. S. under H-1B visa status, you would have to leave the U. S. and reenter under the J-1 in order for you to be in proper status on July 1. 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

Hello, A single misdemeanor conviction for petty theft should not prevent you from getting your green card through your US citizen spouse. It is important to get the court papers for your conviction and speak to an immigration attorney in your city about your criminal and immigration history before you file your application. Good luck. The information above is of a general nature and is not, nor is it intended to be legal advice. Please consult your immigration attorney for legal advice specific to your situation.    ... Read Answer