Pennsylvania Immigration Legal Questions

I do not see that having DACA status would make it easier or faster for you to obtain a green card since those are 2 different processes. You would still have to have biometrics run and be interviewed if you are eligible for adjustment of status to permanent residence. There is no fast track accorded individuals who hold DACA status. Currently most adjustment of status cases are taking between 6-8 months before interview at the U.S.C.I.S. field offices. 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 traffic offense that you describe along with the result does not sound like the type that would bar you from the United States. However, not telling the truth on the visa application would be grounds for not issuing a visa based on misrepresentation. So probably the best thing for you to do would be to put down the truth on the form that you are required to fill out. 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 ability to sponsor may depend on a couple of factors. A criminal record involving domestic violence or child abuse will bar you from sponsorship if discovered. In addition, a criminal record may cause an immigration examiner to look harder at the bona fides of the marriage even if the crime is not one that bars sponsorship. The other issue of your being on welfare for so many years means that you will most probably not be able to show the ability to financially support your spouse for immigration purposes. To overcome that, you would have to have a credible cosponsor take up the support obligation. 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

It is usually difficult for a person who is been granted withholding of removal through asylum to apply for the green card. That is because a granting of withholding carries with it an alternate order of removal. Therefore if you had to leave the US in order to perfect an application for permanent residence, you would in effect be deporting yourself. However if you entered the country legally, or have the benefit of section 245(i) under which someone who is illegal is allowed to adjust status to permanent residence upon the payment of a fine amount if he or she had a labor certification application or immigrant visa petition pending by April 30, 2001, there is a good chance to have your case reopened and permanent residence awarded if there is a suitable basis for doing so such as marriage to a US citizen in the first instance and any other bases on the second. 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 a person to be excludable under U. S. law based on crime, there must either be a conviction or the admission of excludable acts. Unless your husband admits to the charges, he would not be excludable and would remain eligible for a green card and DAPA.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 you say that you are on I-94s valid until January 2016, I assume that you are still under L-1/L-2 statuses. If such is true, your wife's L-2 EAD is still valid and she can work until January 2015. If you are still maintaining L-1/L-2 status from January 2015 onwards, your wife can also file for EAD renewal. The EAD is based upon current L-2 legal status during the time that you are here under L-1. It is not attached to any specific I-94. 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

Reading over your question, an overstayed visitor does not suffer an order of deportation just from overstaying in this country. An order of deportation would only occur if an individual is so ordered by an immigration court which involves a formal proceeding with an immigration judge and government attorney. If the individual was here under a tourist visa or visa waiver program and overstayed by 180 days or one year before returning home, he or she would be subject to a 3 or 10 year year bar respectively before being allowed to return to the U. S. If the individual never left the U. S., he or she is not subject to the 3 or 10 year bars unless he or she leaves and tries to return. Obtaining a more permanent position in the country depends upon whether an individual can qualify to immigrate. Most immigration to the U. S. is through family relationship, employment immigration, asylum or investment. I note that if the individual was indeed deported, there are both nonimmigrant and immigrant waivers available if the individual qualifies as in the case of those who are barred for 3 or 10 years. Unless you are from Canada, most nonimmigrant waivers are handled through a combination of the U. S. consulate and U.S.C.I.S. Immigrant waivers are filed directly with 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

To adjust your status under §245(i) once your petition is approved, you would of course have to check whether there is visa availability. Assuming that there is, you would fill out form I-485 A, Supplement A to Form I-485, and pay the fine of $1000. 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. You only have to provide your trips since you were a Resident (when you got your green card). You can also write a letter to the Selective Service asking them for permission to still obtain naturalization. We have assisted many clients with obtaining this approval from them. You will not likely get that by your 10/24 interview, but you can show that you are trying to get it. Let me know if I can be of any assistance. ... Read Answer

I am sorry for your loss.  The case will not be revoked until they are informed that your dad has died.  When the case goes to the national visa center and you need to show his financial support, you will then infrom them and ask for a reinstatement based on hardship and another relative who can provide the financial support.  ... Read Answer

Your legal residence does not expire just because you did not renew it if you did not leave the US for a long period of time. Although it is the law that every permanent resident should carry proof of such with him or her, that does not negate the fact that you are still a permanent resident. As you now have a renewed green card, you can apply for your US citizenship immediately as long as you otherwise qualify for naturalization. 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 denial under §212 (a) (6) (C) (ii) is for misrepresenting oneself as a US citizen. If the misrepresentation occurred on or after September 30, 1996, the individual is forever barred from the United States. If committed before that time, a waiver of misrepresentation can be applied for based on extreme hardship to a US citizen or permanent resident spouse or parent. If your wife believes that the finding was defective, she can make another application and attempt to convince the consular officer that she did not make such a misrepresentation. 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 truthfulness of the information depends upon what type of visa status the employer is planning to have you work with. The usual specialized occupation visa, H-1B, has been used up in numbers for this year except for those cases in which the sponsoring organization is an institute of higher education, nonprofit organization associated with an institute of higher education, government research organization, or nonprofit research organization. Other types of possible visa statuses could be another J-1, H-3 trainee, H-2B temporary worker, etc. Another possibility is that the employer may be thinking of you assuming F1 status and eventually becoming eligible for optional or curricular practical training.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 your aunt's husband believes that the decision was incorrect, he can ask for reconsideration of his case at the embassy. If there is a refusal to reconsider, he can appeal his case to the Department of State which can correct consular errors of law. You would also have to have the problem solved and be able to immigrate by September 30th since the diversity these as would expire after that day.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

Under the Child Citizenship Act, your daughter became a U. S. citizen when she came to the U. S. as a permanent resident. You have choices of either filing for her U. S. passport with the U. S. Department of State or requesting a certificate of citizenship from U.S.C.I.S. through the filing of form N-600. 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

Since you have all the court documents, you should state on the visa application form an affirmative answer to the question of whether you have ever been arrested or convicted and be prepared to show the documents and explain the situation. Being straightforward is probably the best step for you. Things in your favor are that the H-1B visa is not discretionary like a visitor’s visa, and the misdemeanor case of shoplifting while a crime of moral turpitude, is not an excludable offense. 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 difficulty in your case is that your employer is also attempting to comply with the law of employer sanctions. The employer’s human resources section (assuming it has one) must continue to verify employment eligibility and an expired green card is not one on the list of acceptable documents to the U. S. government. I do note that a foreign passport that contains a temporary I-551 stamp of permanent residence is acceptable. I suggest that you arrange an Infopass with your local U.S.C.I.S. field office in which you can present your entire situation along with proof that you already filed for a replacement green card. An officer may decide to stamp an I-551 in your passport which should be good enough for your company’s human resources section if the company wishes to rehire 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

If the child is not yet born, you would not put down any information on the child in the N-400 application. If the child is born by the time of your interview, you can bring the original and copy of the child’s birth certificate and give it to the naturalization examiner.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

Generally speaking, the act of housing illegal aliens would only get you in trouble if you transported them to the housing directly after they came into the country or if you had a profit motive for housing them, such as part of a smuggling operation or having them work illegally in an operation in which you have an interest. I do not see liability coming to those who may rent to others that they later find out are not legal in the country. If that was the case, landlords renting to undocumented immigrants in good faith could all be in trouble with the law, which is not happening. The law also does not require you to report undocumented immigrants, as the act of being illegal in the country is not a crime, only a civil violation. 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 an organization applies for a labor certification, it is requesting certification based upon a particular position. Therefore when you have a change in your job designation, the question is whether the job is the same as the one that was certified by the Department of Labor. If it is significantly different, the company would likely have to go through the process again.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 you say you already have the visa, the question is what visa? Also is your stay in the country expired or not? If you are overstayed in the country, your visa would automatically expire in most cases. If you have been in the U. S. for 180 days illegally, you would likely be barred for 3 years. If in the country illegally for one year or more, you would likely be barred for 10 years. If you are legally in the U. S. with status, you can return to your home country and return to the U. S. dependent upon the terms of the U. S. visa. If the visa is for being a visitor for business or pleasure, any quick return to the country may raise questions as to whether you have the proper non-immigrant intent.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  J-2 holder can change status in the country so long as he or she is not subject to a two-year foreign residence requirement because of the J visa. The obligation of a J-2  is dependent upon whether the J-1 is subject. If not, you are free to change status to any one for which you are eligible as long as the application is timely and U.S.C.I.S. agrees to make the status change. The fact that you have a tourist visa in your passport has no effect on the adjudication.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

Hi. No, it will not. H1bs have "dual-intent." This means you may have the temporary intent to work for the employer per the H1b and have permanent intent to stay in the US via a green card application. You just must disclose the information on the DS-160 when you apply for the stamping. Good Luck!... Read Answer

Besides your wedding images, you can give photographs of the two of you together with your friends and/or relatives. You can also give sworn affidavits of all your friends and relatives who can attest to the fact that you have a bona fide marriage and exactly how they know. These individuals should attach copies of their personal identification such as driver's licenses. You can further send any type of correspondence or even junk mail that shows that both of you are living at the same place. 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