Pennsylvania Immigration Legal Questions

A mental issue is a red flag to many immigration examiners, but it is not a bar to immigration as long as the mental issue does not make the individual a danger to himself or to others. Where there is a disability, USCIS may wish to see more than the usual amount required for an affidavit of support. Perhaps that is being considered. I assume that when your son developed his minor dopamine induced psychosis, there was no criminal incident. If not, there is the possibility that your son's leaving the United States while the I-485 is pending and staying out for so long may be a cause of concern. I assume that your lawyer has been diligent in tracking your case and attempting to obtain answers from the agency. If you believe that there are no problems with your case other than your son's mental health issues and if they do not pose a danger, you may consider bringing suit against USCIS for the delay in your I-485 adjudications. 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

Dear Dr. Zeidan:  It depends.  If the sponsoring hospital is cap-exempt then you do not have to wait until Oct. 1 to begin your residency in H-1B status.  If not, then you will need to either be in status through the B-2 stay on Oct. 1 or depart the US and have the H-1B petition approved and obtain an H-1B visa to re-enter the US.  Do you have USMLE passage?  Can the hospital get a residency state permit for you?  More information needs to be obtained for a full analysis.  Have the hospital HR contact our officve at psb@barnett-lawgroup.com if they do not already have an immigration attorney. Pam Barnett... Read Answer

If your husband last entered the U.S. without inspection, there are potential hardship waiver eligibility issues to review.  He may still be eligible to obtain permanent residence status based on your marriage, but he may need to qualify for an I-601 hardship waiver. As background info on the I-601 hardship waiver see: http://srwborderlawyers.com/form-i-601-application-for-waiver-of-grounds-of-inadmissibility/ There was a recent change in procedures that allow individuals in this situation to apply for the I-601 while still in the U.S. and w/o the need to depart and return to Mexico.  USCIS announced earlier this  month that instructions will be shortly forthcoming for the I-601 provisional hardship waiver process. USCIS will be publishing Form I-601A, with instructions and a checklist, for individuals who qualify to apply for this waiver process. USCIS will begin accepting these forms on March 4, 2013. Prior to March 4, USCIS will be issuing specific rules/outlines which will confirm who is eligible and when the form can be submitted (i.e. whether it can be concurrently submitted with an I-130, the effect of the process on someone in removal proceedings, etc.). USCIS is not currently setting a processing time-goal because they are waiting to see the amount of applications they receive after March 4 to determine an accurate processing time-frame. The first step in your husband's case is to consult with an experienced immigration attorney to determine whether he is eligible to pursue an I-601 hardship waiver, the strength of his case, pros/cons/risks etc. Regards, Andrew M. Wilson, Esq. Serotte Recih Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

In short, yes. I have seen cases where N-400 naturalization applications were denied because of a DUI or alcohol related offense, even if there was not what was considered a conviction under criminal law. If the cases was dismissed, there may be less chance of it being an issue, but note that an expungement does not necessarily mean it is not seen as a conviction for immigration purposes. In general, a naturalization applicant must show s/he meets the good moral character criteria for the last 5 years.  Even w/o a conviction or a crime that is not considered a CIMT, an individual could be denied based on good moral character grounds. You should have your matter reviewed by an experienced immigration attorney who can analyze: 1)  Does this incident affect any removability ecesis? 2)  Does this incident affect any admissibility issues? 3)  Does the incident affect naturalization eligibility? How each answer on the N-400 needs to be answered depends on the specific disposition of your case. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com... Read Answer

You don't say whether he has become a Permanent Resident yet.  If he has then you're swimming upstream to get his residency revoked.  You can call the local ICE office and report him but they have their hands full.  Whether he's a PR or not your problem is not an immigration one but a family law one.  You need to contact your local bar association and get a pro bono family law attorney to assist you with getting a restraining order and getting a divorce.  You may also need to check into a women's shelter for protection.  Call your local bar today.... Read Answer

As you were naturalized before the birth of your daughter, your daughter would be a U.S. citizen if you spent five years physically on U.S. soil before the birth of your daughter, 2 of which must have occurred after the age of 14. If you did not, you would have to file a separate I-130 petition for your daughter. Assuming that you have the requisite years of physical presence, you would contact with the U.S. consulate or embassy, explain the situation, and submit a consular report of birth abroad (CRBA) for your daughter. Generally speaking, you would have to complete Form DS-2029 consular report of birth abroad application, DS-11 U.S. passport application, and DS-5507 affidavit of parentage, physical presence and support; submit the requested documentation, photographs, and fees for the CRBA and U.S. passport. 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

I assume that the adult child would be a U.S. citizen. If the parent entered the U.S. legally with a visa and overstayed, or was paroled into the States, or if entering illegally is the beneficiary of Section 245(i), the adult child could petition for the parent and the parent would be eligible to adjust status in the U.S. A beneficiary of section 245(i) is one who is the beneficiary of a bona fide labor certification application or immigrant visa petition filed by April 30, 2001, and was physically present in the States on December 21, 2000. The physical presence requirement on December 21, 2000, is not applicable to those who can qualify under an earlier version of Section 245(i) if they had a bona fide labor certification application or immigrant visa petition filed on their behalf by January 14, 1998.... Read Answer

There is technically no grace period.  If you have applied to change status from F-1 to H-1, your application to change will be denied because you must be in status in order to change status.  You would then have to leave and process your H1 visa at a US consulate.  The most serious consequence of an overstay, a bar from returning to the US, does not kick in until you have overstayed by 180 days.... Read Answer

If your boyfriend was born in the U.S. then he is most likely a U.S. citizen. If you are the foreign national then he most likely can sponsor you for an immigrant visa or permanent residence. Depending on where you live the process may be done in the U.S. or via consular processing. You should contact an attorney. ... Read Answer

One path that many follow to permanent residence is coming to the US to study on an F-1 visa then, after obtaining a degree, changing status to H1B (speciality occupation visa).  Once in H1B status, the H1B employer may choose to apply for permanent residence for the H1B employee starting with the labor certification process.   If the Ukrainian you mention followed this path, he or she would not need you to be a sponsor (the school is the sponsor for F-1 students, and the employer is the sponsor for H1B employees).  Hope this helps.... Read Answer

Hello,   You do not state what type of application you are waiting for, or your immigration status. If you are waiting for an approval of an immigrant visa application that you filed for your spouse and you are an U.S.citizen, then you should consult with an immigration attorney in your local area so that they can determine if the application is taking too long. They would be able to help you make an inquiry with the immigration service to find out the reason for the delay. Do take the filing receipt and any copies of your filing documentation along with you for your consultation. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read Answer

Normally you would be required to go to your home country's U.S. consulate when traveling abroad. However, you may find that U.S. consulate Bahamas would entertain your application. Take all your paperwork (application for ext, approval notice & letter confirming your still employed w/petitioning employer.)... Read Answer

Hello, The U.S.CIS will look at any criminal convictions over the past 5 years before you applied for citizenship when deciding whether to grant you citizenship. It is not a good idea to file for citizenship if a person has criminal convictions within the preceding 5 year period particularly if they are still on probation as the application may be denied.  Also, since your question does not indicate when you first obtained your green card or the sentences you received, it is important for you to consult with an immigration attorney and provide them with the specific information regarding your criminal convictions. That way you can be certain that whenever you do apply for citizenship, you would have reviewed your application and history to make sure that you do not end up with a different problem because some criminal convictions may render you deportable. Notes: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.  ... Read Answer