Pennsylvania Immigration Legal Questions

As long as the working visa is in the same class, e.g. H-1B, you do not have to have a new visa to reenter the US after traveling abroad. You would show the passport with the old visa and the new I-797 approval sheet to the immigration inspector at the port of entry.  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 should indeed have a shorter processing time as US immigration quotas are based upon place of birth and not place of citizenship. As you were born in the United Arab Emirates, you would be held to the quota of "all foreign states" instead of to that of India.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 and your husband can provide your mother with an invitation letter containing a guarantee that she will return to the home country after the period of visit and the financial support papers. Financial support papers usually include the I-134 affidavit of support with job letters, bank statements, and tax returns. Insofar as costs are concerned, they are of course much less if you prepare the papers yourselves. No lawyer can guarantee that your mother will obtain a visiting visa since such is given in the discretion of an American consular officer. Individuals entering the US on visitors visas are usually given six-months stay and such could be possibly extended.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

The first question with every J-1 visa is whether there is a two-year home residence requirement attached to having received it. Many J-1 holders are obligated to return to their home countries for two years following the time that they are in the country on a J-1 visa. Obligations can come about if individuals are on their country's skills list (a list of skills that the country wants back), have taken funds from the home government or an international organization, or are medical trainees. If not, a company may be able to keep your boyfriend past the time of his J-1 visa if he has a baccalaureate or higher degree and the company is able to sponsor him for a working visa such as the H-1B for persons in a specialized occupation. If not subject to the residence requirement, he would be able to switch his J-1 to permanent residence through marriage to a U. S. citizen so long as the marriage was bona fide and there are no disqualifying bars to his immigration. Finally if he returns home after his J-1 period, he could possibly apply for a green card so long as he is not subject to the two-year foreign residence requirement, fulfilled it or had it waived and assuming that he has the basis by which he is able to qualify.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

For you to take advantage of the three year rule for citizenship because of marriage to a US citizen, you must be able to demonstrate three years of having lived together prior to filing the application. If you are now separated, you would not be eligible to file under the three-year rule. You should wait to file under the five year rule. At that time, you may still have to demonstrate that your marriage was bona fide at the time of inception, but not that you are still living together. Never having submitted joint tax returns may raise questions in either situation. 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 are a United States Citizen, then you can petition for a visa for your fiance to enter the US. Once your fiance enters, you must marry within 90 days and then you apply for her permanent resident status (green card). There are several requirements for the visa to be approved, including proving your intention and eligibility to marry, and your ongoing relationship including having met your fiance in person within the past two years. You should consult an experienced immigration attorney to ensure that your petition meets all requirements for a fiance visa, that your case is filed with all necesssary documentation to avoid delays and that your fiance is fullly prepared for the interview at the embassy or consulate. If you would like additional information, please feel free to contact me to discuss further. Jason Karavias, Esq. Phone: (412) 456-7700 Email: jkaravias@verizon.net www.karaviaslaw.com... Read More

A change of name would not affect your daughter's citizenship. A name change would go through a legal process in the state court and would be equally recognized by U.S.C.I.S. I suggest that after the name change, you should file an I-90 application for replacement green card for your daughter so that her permanent residence card can match her new name.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

The most important thing in a fiancée or spouse case is proving that the relationship is bona fide. Your fiancée should be prepared to document your relationship when she is interviewed at the American consulate or embassy. If she will be coming in with the children, the poverty guideline level for you to make would be at least $29,437. If she is coming in alone without the children, the amount is $19,387. In the event that a consular officer is dissatisfied with the amount that you make along with your assets, you are allowed to obtain an affidavit of support from a credible cosponsor making more income or having more assets.assuming that your uncles nephews, form I -134 affidavit of support is employed. When she comes to the US and you marry and apply for her permanent residence, you will have to use the binding I-864 affidavit of support form.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

While your spouse is able to work for 240 days following the receipt of the L1 extension request, that same privilege is not allowed at present for persons working on EAD’s. You would have to leave the job when your  EAD expires until the time that your new EAD is approved. On the question of whether you can apply for an EAD extension based upon the receipt, that is questionable. A better solution would probably have been for you to have submitted the EAD along with the I-539 when you requested the extension. 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 answered 32 out of 33 questions correctly, you are likely to be approved unless there are other factors in your case which concern the immigration examiner. In most interviews in which people miss questions, an examiner will give the couple an opportunity to explain why the question(s) was missed. But 32 out of 33 appears to be very good nevertheless. At this time, you may wish to either send a communication to the officer requesting the status of your case or make an infopass appointment to further discuss the status of your case with an immigration officer.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

A motive of marrying an illegal alien so that they do not get deported does not insulate an intending partner from a charge of marriage fraud. The punishment for being caught could be up to five years in a federal prison and $250,000 fine for each member of the conspiracy.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 your husband's B-2 status has truly expired, he would generally not be eligible for adjustment of status through form I-485. I assume that when you speak of his visa expiring, you are referring to his status in the states and not just to the visa in his passport. The Department of Homeland Security controls an individual's period of stay in the US. The visa in the passport issued by the Department of State only regulates the period of time during which an individual can enter the country. But if his status expired on February 11, 2013, he would not be eligible to adjust status unless you became a US citizen. By the same token, he would already have remained in the States for over 180 days, which would subject him to a three-year bar on return if he left the US at this time.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

The NVC won't have the case until the USCIS approves it.  It is taking about eight months for the USCIS to approve I-130 petitions right now.  Since you filed in January, the approval notice should come soon.  You will then get a letter from the NVC and can follow their instructions at that point.  There is nothing you can do right now other than wait for the approval.... Read More

I would need to see his deportation paperwork to answer your question definitively.  It sounds like him may have been deported on several grounds, including an "aggravated felony".  If that is the case, he would be barred from ever returning to the US.  The only way to resolve the situation is to get the conviction overturned after-the-fact.  That is not always possible, and takes time and money, but it is the only way forward in a situation like you describe.... Read More

If you are marrying a US citizen, you can adjust to permanent residence in this country if you are an F-1 student or J-1 student (assuming you are not subject to a two-year home residence requirement incurred by taking the J visa). You and your spouse would be filing forms I-130 relative petition and I- 485 adjustment of status to permanent residence application. Your husband would also have to fill out form I-864 affidavit of support and if he does not have the financial support power, you would need a co-sponsor with means to guarantee your financial support. Your paperwork would ultimately be filed to USCIS's lockbox in Chicago. 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

Whether you will be able to use the previous employers I-140 to obtain another three years extension of H-1B visa status will probably depend upon whether the ex-employer has requested withdrawal or cancellation of the old I-140 approval. If that has happened and USCIS is able to connect the dots, the H-1B extension request would be without foundation. If possible, you may wish to check with the former employer to see whether it took any action on the I-140 approval. 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 the 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

Here is a link where you can find out if you are already a citizen because of your father becoming a citizen when you were a child.  If you are already a citizen, you may simply apply for a passport--you don't need to get the citizenship certificate.   http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD... Read More

If you are a US citizen, you should have applied for a fiancé petition on his behalf as that is a specific visa for the purposes of allowing a fiancé to travel to the States to marry a citizen. Most consular  officers would not consider giving a visitors visa to the fiancé of a US citizen as they would be hard-pressed to believe that the applicant had a nonimmigrant intent. If you are not a US citizen or you both insist on him coming to the US as a visitor, he can try it again after an appreciable period of time (usually six months) and hopefully have a more sympathetic consular officer. 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 question doesn't make sense.  If you are a US citizen, of course you can come back to the US.  If you are a Canadian citizen, you can enter the US without a visa for a temporary visit.  If you are a citizen of a third country, you may need a visa to enter to the US depending on what country you are from.  You don't need a notary.... Read More

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 More