South Carolina Immigration Legal Questions

You are free to leave the United States. However, if you depart before a decision is made, you risk your application being denied due to abandonment. You may accrue unlawful presence is such instance if your authorized stay has expired. Contact USCIS before departing to inquire about the status of the request and to update your mailing address. ... Read Answer

It sounds like you and your husband need help preparing and documenting the case. Has the consular official provided any more insight into why you have been denied? Did they give your husband any documents related to the denial of his visa application? You can find more information about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Possibly. Much more information is needed about your friend including his criminal record and the reason he wants to return. Certain criminal offenses bar someone from ever returning to the United States while others only result in removal or require a waiver to return. You can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read Answer

It is not clear why your divorce is not recognized. For the most part, states and USCIS will recognize a divorce decree issued by another country so long as the divorce was granted in accordance to that country's law. So long as divorce by proxy is recognized in a country, the divorce would be valid. Do you have a divorce decree? If so, you may be able to request rehearing on your naturalization application. If not, you would need to either re-file indicating you are married or divorce your spouse in accordance with South Carolina. ... Read Answer

Sorry, not likely to be successful.  You could sponsor him for permanent residence, as his US citizen step-parent, but of course you have issues relating to his mother's best interests.  Whenever she is willing to allow him to leave home, you could begin a case.  If you start it at least 12 months before his 21st birthday, there's a good chance the process could be complete within 12 months.  Good luck.... Read Answer

Short answer:  You will need to consult with a lawyer experienced in US immigration matters. to handle this properly and with peace of mind for you and your husband.  Longer answer:  Basically, the process is, you (USC spouse) file Form I-130 for your husband.  When approved, he applies for an immigrant visa through the US Dept of State, and he files Form I-601A provisional waiver IF he is eligible.  As you may be aware already, approval depends on proof of extreme hardship to you, his USC spouse.  If he is eligible to file the I-601A, wait on the I-601A approval, then he will leave for his country to attend the immigrant visa interview at the US embassy or consulate in his country which is designated by USDOS for IV processing. You may want to visit USCIS webpage, www.uscis.gov/forms to review the requirements for the Form I-130 filing and eligibility for Form I-601A.  You probably know your husband cannot "adjust status" (Form I-485 application to adjust status) in the USA because of the unfortunate turn of events, that his USC fiancee didn't follow through.  (Her loss, your gain.) Good luck to you both.... Read Answer

Yes, you would need start the naturalization process again. You will need to file a new Form N-400 with USCIS. You will be scheduled for another interview where you will need to take the English and civics/history test. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

As long as there is proper service and compliance with state law, a divorce in the States is good for immigration purposes. I assume that this is your question.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

Your mother-in-law may apply for a B-2 visiting visa and such could be given in the discretion of a US consular officer. You might be able to help by providing whatever documentation you can that she would have her medical bills covered once she is here. She may also have to convince the US consular officer as to why she could not obtain the appropriate surgery in the Philippines, which is not to my knowledge a medically backward country. 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

If your adoption was finalized before you turned 15 years of age then you may be eligible for permanet residency. Your father would need to file form I-130 along with several other forms. There may be some matters that may prevent you from receiving your immigrant visa. I offer free consultations to determine whether or not you are eligible for a visa. Please contact my office at your earliest convienence for further guidance. Samuel J. Zermeno, Esq. 915-219-4070 sjzermeno@zermenolaw.com www.zermenolaw.com... Read Answer

It appears your husband has been in the United States on more than one occasion during at least one time he entered illegally and has been unlawfully present for more than a year. This is a matter best served by a consultation as your husband's full immigration history needs to be reviewed to determine what, if anything, can be done to help him obtain legal status.... Read Answer

U.S.C.I.S. appears to have given conflicting answers here over the years, but the latest that we can recall seeing is that an individual would have to remain back 365 days before an H-1B petition could be filed on his or her behalf. That interpretation, unfortunately, does not benefit you in seeking a new 6 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 Answer

Your company cannot be forced to produce a client name on an offer letter if there is no client at which you will be working. The company officer or lawyer entrusted with your immigration application should study the RFE to see exactly what is requested in the offer letter and comply with the request. The company can also explain in a response letter how your job is different – why your job does not involve a consultancy if other positions in the company do. 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

If you were paroled into the U. S. for humanitarian reasons after you were caught at the border, you might be able to adjust your status to permanent residence with U.S.C.I.S. If you were not paroled and did not come in with a valid visa, you would most likely have to reopen your case to obtain permanent relief without leaving the country under present law. You would find in most cases that neither ICE nor the immigration courts are sympathetic to reopening cases for which no final relief can be given. Cancellation of removal is not an option as your time was frozen when you were served with papers to go to court. Voluntary departure is also not a basis for reopening where that is the only relief being asked for in reopening the case. You may wish to wait for a political solution such as legalization if Congress ever agrees on such. In addition, the Fifth Circuit Court of Appeals is currently deciding whether the Administration’s executive action program, DAPA, Deferred Action for Parental Accountability, can be passed. If so, you may be able to benefit with a three-year stay and employment authorization if your child was born by November 20, 2014. 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 are in a deferred action status, which means that U.S.C.I.S. will not take any steps to enforce your departure during the time that you are in the program. In addition, you are allowed employment privileges, and you can possibly obtain permission to leave the country and return on advance parole if there are emergent, business, or study reasons. Deferred action is a quasi legal status and is not a legal nonimmigrant status. Hopefully in the future, it can lead to permanent residence and eventual citizenship.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

Thank you for your inquiry. I am happy to discuss and process your case. We can file a Fiancé visa and you will have to show that you can financially support your fiance. In addition, they must qualify for an Immigrant Visa with a clean medical and criminal record. You must show strong proof that you have met each other. We can help process after you wait to see if she gets the visitor visa.  The process takes about 6 months to get approved in the U.S. Then, it will be sent to your fiancé’s Consulate for Processing (these processing times vary, but total time should not be longer than a year). Once they arrive on the K-1, you will get married and file an Adjustment of Status for “Conditional Residency”. This green card will be good for 2 years. At the end of those 2 years, you must file another petition documenting that you two are married and living together. There is a different/quicker process if she gets the tourist visa also.   Hi. Your email you sent me was rejected: HIBUNKMAN (HIBUNKMAN@AOL.COM)   Please try again.... Read Answer

When individuals immigrate to the United States, they immigrate under federal law to this country. There is no separate immigration law for South Carolina. Ways to immmigrate to this country are generally through family relationships, marriage, employment, investment, refugee or asylum status. Once you are here in the country, you can choose to settle in South Carolina should you desire.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 can have both company A and company B apply for extension and transfer respectively at the same time. If you are still working for company A, you can continue working throughout the process of the extension adjudication. An RFE or denial of company B's petition would have no effect upon the continuing adjudication of the extension application. In the event that Company B's petition is approved, you have no obligation to work for the company if you still wish to work for company A. However, U.S.C.I.S. should be notified that Company B's petition should be canceled. As long as company A's extension is still pending or approved, company A does not have to do anything more to have you continue working for the company. 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

There is probably no way for you to reverse the finding of the immigration officer at the airport at this point. The fact that your son has filed an I-130 for your wife and she will get the green card soon means that you may be able to apply for a waiver if your son applies for you also for the green card. That type of waiver would be based upon establishing extreme hardship to your wife if you could not immigrate.  If you only plan to visit the US in the future, you can file for a nonimmigrant visa and ultimately for a waiver of the fraud which will have to be recommended by the consulate or embassy and approved by U.S.C.I.S. before you can begin your trip.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