Pennsylvania Immigration Legal Questions

In general, U.S. immigration will scrutinize a marriage-based green card process more closely if the couple lives apart.  If they are not living together, U.S. immigration may look more closely at whether it is a real and legitimate relationship. Also, as a grad student who I assume is not working or making much money, it may be difficult to meet the affidavit of support requirement.  The marriage-based green card process requires the U.S. citizen sponsor to show income/available funds to support the foreign national.  If the U.S. citizen is not working, a joint sponsor may be needed. You can find info on the process at: http://www.familytousa.com/green-card-through-marriage-ad/ They may want to wait to file for the green card until they are living together or they understand the process a little better.  At worst your friend should consider consulting with an immigration attorney to understand the green card process. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

Congratulations on your upcoming marriage in April. Although you cannot file for his green card paperwork based on marriage to a U.S. citizen prior to your marriage, you can certainly plan and prepare everything now.  There is no reason not to review and analyze all of the issues of the case now and start to prepare things in advance of your wedding in April. In general, everyone's case is specific so it is probably a good idea to at least consult with an immigration attorney about your specific case and issues. You can find excellent info on the green card process based on marriage at: http://www.familytousa.com/green-card-through-marriage-ad/ Every case is different though, and each case has its own issues such as affidavit of support and other eligibility concerns.  Also, pursuing a green card while in F-1 status also entails very specific issues and concerns about travel and not abandoning the green card paperwork while it is in progress. I recommend consulting with an immigration attorney to understand all of these issues and to develop a proper case plan for your and your fiancee. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

A receipt is not evidence of authorization to work in the United States. It will not meet the requirements of the I-9 Employment Eligibility Form that you will be required to complete when you apply for work. So, an employer would not be able to hire you as meeting the I-9 requirements with only the receipt notice. You will have to wait until you receive the  actual work permit document.... Read More

In general, if you do not have any separate non-immigrant work permission, you are not authorized to work in the U.S. until your EAD is approved.  If you do not have separate work permission now such H-1B, TN, O-1 non-immigrant work permission, or an EAD based on Optional Practical Training etc., you are not authorized to work in the U.S. until your EAD is approved. If the internship is volunteer, you may be able to start w/o an EAD.  The fact that you would not be paid would not be enough to allow you to start w/o the EAD.  The internship would need to be reviewed against FLSA guidelines to determine if it truly is a volunteer position or one that would normally be seen as employment. The following test may be helpful in determining volunteer status: (1) Are the services performed for civic, charitable or humanitarian purposes? (2) Are the services entirely voluntary, with no direct or indirect pressure by the employer, with no promise of advancement and no penalty for not volunteering? (3)  Are the activities predominately for the individual's own benefit? (4)  Does the individual impair the employment opportunities of others by performing work that would otherwise be performed by regular, paid employees? Does the "volunteer" provide services that are the same as services provided by a paid? (5) Is there no expectation of compensation either now or in the future for these services? (6) Do the activities take place during the individual's regular working hours or scheduled overtime hours? (7) Is the volunteer time insubstantial in relation to the individual's regular hours? Other Factors the DOL May Consider: In addition, the government and the employer should look at the economic reality of the arrangement: ¿  Does the individual depend on the employer for sustenance? Is a faculty or staff member providing the volunteer with "gifts" in the form of money or food? ¿  Does the employer gain a significant benefit from the "volunteer?" What is the nature of this benefit? Every case is different.  Your specific matter should be reviewed by an experienced attorney to determine your best course of action.  Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read More

If he has overstayed his visa and never left the country, he should be eligible for adjustment (I'm assuming no criminal history).  If you are a US Citizen, you can get married and file for adjustment of status (with all appropriate paperwork) and he should get his green card within 6 months.   If you are a green card holder, then I would suggest waiting until you become a US citizen before filing for him.   Let me know if you have further questions.Sincerely, Rehan AlimohammadAttorney at Law & CPA Law Offices of Rehan Alimohammad, PCHouston Office: 281-340-2074Toll Free: 800-814-3920Fax: 866-240-0629www.attorneyrehan.com  ... Read More

Dear Madam, In order to determine how best to legalize the status of your fiance, we must first learn how he entered the US last.  If he entered on a visa and overstayed more than 180 days, then he would have to wait until you become a US CItizen.  The reason for that is that 1) he would not be able to change his status since he does not have any now; and 2) if he departed the US he would be barred from re-entering the US for 3 years for a 180 to one year overstay and 10 years for more than a year overstay.  Note that if he overstayed less than 180 days, then he would be eligible to receive a visa through consular processing after your marriage as a dependent to your L visa.  The same answer applies of he originally entered without inspection.  But if he entered on a student visa and his I-94 is stamped D/S which stands for "duration of status" he would also be eligible to receive a visa at a US consulate as a dependent to you after your marriage.  You should really consult with a competent immigration lawyer in order to know your options.  Please let me know should you have any questions. Gus M. Shihab, Esq. The Law Firm of Shihab & Associates, Co., LPA Free Initial Consultations 1-877-479-4USA... Read More

If your husband files a petition to sponsor you for a green card, it will take 3-4 years for a visa to be available for you.  You can check the availability of immigrant visas by reviewing the Visa Bulletin issued by the Department of State each month.  Here is a link to the Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html Although you are still legally married, you will also have to convince the consular officer during your interview that your marriage is still viable.... Read More