Rhode Island Immigration Legal Questions

You cannot legalize a dependent who is illegal even if you obtain a valid H-1B status for yourself. Your husband would only be able to obtain H-4 dependent status if he left the US, interviewed at an American consulate or embassy, and was issued the visa. I note that most persons who remain in the US illegally for 180 days or one year are barred from returning to the States for three years and 10 years respectively. 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

You would have to wait until you became a US citizen in order to sponsor your parents for permanent residence. If your parents are overseas at the time that you become a citizen, you can submit I-130 relative petition forms to U.S.C.I.S., and when they are approved by the agency, begin consular processing with the National Visa Center and later with the American Embassy or Consul in the foreign country. If your parents are in the States at the time that you become a citizen, and if they are able to adjust status without going out, e.g. having entered on a legal visa status, you and they would submit both I-130 and I-485 adjustment of status applications at the same time to the agency.  ... Read Answer

If you have overstayed your last I-94 expiration as a J-1, you may be here w/o any status and may be accruing unlawful presence.  This is a serious situation that can preclude pursuing immigration options in the future. Also, it must be determined whether your J-1 subjects you to any two year home residency requirement.  That can also preclude you from pursuing immigration options in the future. There is no easy answer to "How do I obtain a green card?"  There are many different options that apply to many different types of scenarios.  There are generally three ways to qualify for green card status—Family, Employment or Investment. Whether any green card option may apply to you depends on the very specific facts of your situation, including your current status or lack thereof, any unlawful presence issues, any two year home residency requirements etc. You should strongly consider consulting with an immigration attorney to understand all of the issues in your situation and whether there is any lawful route to another non-immigrant status or eventually permanent resident status. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read Answer

If your husband entered the country legally, he can apply for adjustment of status. It's currently taking about 4-6 months before he will be scheduled for an adjustment interview. If he entered illegally, you will need to submit an I-130 petition on his behalf and he will have to returned to his home country for his immigrant visa interview at the US consulate. It's currently taking about 1 year before he will be scheduled for his visa interview.... Read Answer

If he entered the US unlawfully, under the current immigration laws, he cannot legalize his status within the US. He would have to go back to his home country to consular process but as soon as he leaves the US, he triggers an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases. In the meantime, if he qualifies for DACA, he can look into that.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.... Read Answer

Shes not lawful just because you filed a petition for her. A petition only classifies the beneficiary as a relative of the petitioner. In order for the beneficiary to be lawfully here, there would also have to be some kind of application for status, like an I-485, filed for her. You should seek assistance to get these strategy issues clear before going any further.... Read Answer

Dear Client Your boyfriend's criminal record usually shouldn't have an affect on your eligibility for residency; however, you should contact an immigration attorney to discuss the details of this arrest  before applying.  You should always consult an immigration attorney before proceeding with any immigration case. Good Luck.... Read Answer