Pennsylvania Immigration Legal Questions

Reading the instructions on the I-944 form, it appears that you do not have to report your child’s use of Snap and Medicaid before October 15, 2019. In a note on page 9 of the instructions is stated, “For benefits received before October 15, 2019, you only need to report receipt of SSI, cash, TANF, General Assistance, and benefits received for longtime institutionalization. You do not need to report receipt of Snap, Medicaid (other than Medicaid benefits used to fund long-term institutionalization)….” 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 More

I will assume for purposes of your question that you are a US citizen. I will also assume that you married their parent before they turned 18. Otherwise there is no relationship recognizable in immigration law and they would have to be petitioned for by their parent. Under the above conditions, it will take a long time for you to immigrate the child over the age of 21 as the F-1 category for US citizens petitioning for adult unmarried sons and daughters is only available to those who filed immigrant visa petitions by December 15, 2011. If you file I-130 immigrant visa petitions on behalf of the two children who are under the age of 21, they would fall under the category of immediate relatives of a US citizen and should be able to immigrate within approximately one year. However, if you decide not to sponsor them until they reach the age of 21, they would be in the same situation of the first child. If you sponsor them now, but they do not immigrate for years, you and they will have to keep in contact with the National Visa Center to ensure that their cases are not terminated because of future inaction. Present immigration filing fees for form I-130 are $535. We do not quote our fees publicly although they are reasonable. 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 More

If the B-2 extension application is ultimately approved or the applicant leaves the US during the time of pendency, the B-2 visa should not be affected as long as the application was timely filed and nonfrivolous. On the other hand, if you are here in the US at the time that the I-539 is adjudicated and denied, the B-2 visa would automatically be void and the counting of unlawful presence would begin.  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 More

As long as the B-2 extension filing was done timely and is not frivolous, the 10 year multiple entry visa would not be voided if the I-539 is approved after the I-94 expires.  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 More

If you're over 21 then you wouldn't be considered an immediate relative for immigration purposes. He could still sponsor you and you would have to wait until your priority date became current. Check the DOS visa bulletin for priority dates depending on your preference category. Also you would have to wait outside the US until your priority date became current unless you are currently in status by the time you adjust status if you wish to remain in the US. ... Read More

If your wife is a US citizen and you entered the country legally then she can sponsor you for a green card. It doesn't matter if she is on probation. Only a very narrow category of crimes committed by the sponsor will preclude that sponsor from petitioning for you. Discuss with counsel for further details about your case. ... Read More

If you know that your husband has already submitted an immigrant petition to U.S.C.I.S. based upon family relationship, you can report the fraud to U.S.C.I.S. by contacting it at its contact center at 1-800-375-5283 or going to its fraud website at www.uscis.gov/report-fraud/uscis-tip-form and filling out its tips form, or even contacting ICE at 1-866-347-2423. Please be aware, however, that if he is only assisting her in obtaining a visiting visa without claiming a familial relationship, there would likely be no type of fraud or misrepresentation for agency involvement. In such case, if you are aware that such a visa application has been made, your only recourse would appear to be to complain to the American Embassy in Santo Domingo. 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 More

If you want him to just visit, he needs to apply at the US consulate in Nigeria for a B visa. If you have physically met within the last two years you can sponsor him for his K visa and get married when he enters the US within 90 days. Third you can fly to Nigeria and marry him there and then he can apply for his spousal K3 visa. Finally, if you don't want to fly to Nigeria, he can enter on a visitor visa and then get married return to Nigeria and process at the US consulate there for his green card. I would not recommend him coming here to visit, and adjusting status after marriage. That would technically constitute immigration fraud. Counsel  anywhere in the USA can represent you and some of us charge a very affordable flat fee for representation throughout the life of the case. ... Read More

Yes that is possible. Are your mother and daughter overseas? If so, you can file for both and they would process as immediate relatives at the US consulate in their country of residence. If they are currently in the US and they entered legally, they can adjust status to obtain their green cards. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee and stay in the case until the end. ... Read More

So long as you are maintaining other legal status, a change of status denial will not terminate your pending status. 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 More

USCIS is interested in criminal offenses, not suits in civil court like the potential one you describe.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 More

Unfortunately under the immigration laws, the immediate relative category (the one under which you are petitioning for your parents) does not allow for the immigration of dependents. Your brother will not be allowed to immigrate with your parents. Usually the parents come into the US and immediately file for the child who is left behind. As your brother is 21, he falls under the F-2B category for unmarried sons or daughters over the age of 21, and that category involves a wait of approximately 7-8 years. 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 More

I assume that you are a conditional resident through your wife and then you will have to file an I-751 application to remove the conditional basis on resident status within the 90 day period before the second anniversary of the conditional resident grant. If you are divorced or have a legal separation, you are prohibited from filing a joint petition with your wife to remove the conditional basis. However, with a divorce, you can file a petition by yourself on the basis that the marriage was bona fide at the beginning and attach all evidence showing such in the I-751 petition. You can also remove the condition by showing that you are a battered spouse or that you would suffer extreme hardship if you return to the home country, such hardship having occurred during the period of conditional residence. 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 More

Once your OPT expires, you will no longer have the right to work in the US. The fact that your H-1B petition is still pending does not give you employment authorization. I note that U.S.C.I.S. recently lifted the suspension on premium processing for FY 2019  cap cases that were filed in April 2018. You and your employer may decide to take advantage of this. 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 More

You did not disclose whether you yourself have any status in the U. S. Your husband would require some basis to present a case under which he could return. If you are a permanent resident or U. S. citizen, you could petition for him, and he would be refused and required to file an I-212 application (for the deportation) and an I-601 waiver of grounds of excludability for being in the U. S. illegally for over one year, and for the gun case as long as it did not qualify as an aggravated felony. Whether he is inadmissible for the false passport used at the age of 11 is highly questionable, especially as the State Department has taken a view that minors that young are not to be charged with fraud. 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 More

Unfortunately a temporary visa is not available for those whose spouses are green card holders. For the month of December 2018, the F-2A category for spouses and minor unmarried children of permanent residents is up to 10/8/16 for final visa issuance. Therefore it is approximately a two-year wait. 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 More

Your friend may apply for an extension of the stay to help her daughter with her new baby, but U.S.C.I.S. must be convinced that there is a finite end to her stay. It may give her an extension for another six months, but unless there are extraordinary circumstances, would likely deny a further request. 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 More

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 More