Tennessee Immigration Legal Questions

Without knowing the nature of the misdemeanor, it would be difficult to say definitely that you could not be deported for your situation – however, a citation generally indicates that an offense or crime is not serious. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

A “B” visitor is only admitted for the purposes of the particular trip. You should keep in mind that any quick action to submit an adjustment of status application after entry may raise the objection that your actual intent upon entry was in contravention of the B visa. The watchword is to be cautious. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 are two things involved here for you to obtain the benefit from your mother. The first is the length of time and the second the TN status that requires nonimmigrant intent. If your mother sponsored you, it would be under the F-3 category for married sons and daughters of US citizens. For Mexican-born, only those who applied before June 15, 2001, are receiving final interviews. So that is a wait of over 20 years. The second issue is that TN is not a dual intent visa under which a person can intend to immigrate while at the same time receiving the TN visa. Luckily, most consular and CBP officers would take into account the length of time that the F-3 application would take, and would accordingly still allow you to enter the US with TN status even if you have a pending or approved immigrant visa petition under that category. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

This can take years, even over a decade, because if and when the petition is approved, it will be transferred to the National Visa Center for storage.  For more information, you will need to learn how to read the State Department's Visa Bulletin.  This sort of fourth preference visa automatically terminates upon the death of the sponsor.  In addition, the children will be disqualified on or just after they reach 21 years of age.  Again, an appointment with a competent and experienced immigration attorney can help you decide whether it makes sense to file a petition.    The above is general information, not legal advice and does not create an attorney client relationship.... Read Answer

For a marriage based green card, it is generally necessary that the marriage continues until the applicant receives the conditional green card unless the applicant claims spousal mistreatment under the Violence against Women Act (VAWA). There is no further waiver of which I am aware at this stage although you may be able to obtain immigrant status through other means, e.g. employment, asylum, investment, other family relationships. 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

As long as your wife is in the US under L2 status, she can file for an EAD. Such is not impacted by the new proclamation affecting nonimmigrant work visas.  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

Are you a US citizen? If yes you can sponsor your wife for her green card even if she overstayed her visa. If you're unemployed you would need to get a joint financial sponsor. Discuss your case with counsel in a free phone consultation. Some of us charge a very affordable flat fee for representation from start to finish and counsel anywhere in the USA can represent you. ... Read Answer

Assuming that there are no other bars to your admission than removal from the US, you can apply for a nonimmigrant or immigrant visa if you are eligible for such to return to the US. If there are other bars such as membership in barred associations, fraud or crime, you should consult with an immigration attorney to go over your situation and your options. Many immigration attorneys take telephonic consultations. 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

It is possible that things that a person says at a visa interview may negatively affect them later on in a later interview with U.S.C.I.S. in an I-130 interview, in which the focus is on the bona fides of the marriage. The American Consulate usually forwards any derogatory information when U.S.C.I.S. notifies it that an individual is adjusting status in the US. A U.S.C.I.S. officer may then question the alien concerning discrepancies, especially related to establishing a real marriage. A primary concern may be where the alien claimed to be married to establish ties and bonds with the home country to get the visa, but was not. 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

Persons who are applying for change of nonimmigrant status are precluded from leaving the US during the time of application. Such a move would cancel the change of status request. In your case, you are contemplating a trip to Hawaii, a part of the US. You should be okay, but should bring along proof of your F-1 status and the I-539 receipt just as insurance. 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

This will not be a problem at this stage. However, If she wants to obtain citizenship one day, then she would be required to be proficient in the English language. Retain counsel to process the green card case from start to finish so that the application is handled efficiently, without snags or delays. Counsel anywhere in the USA can assist. ... Read Answer

IF she entered the country intending to visit but later decided to get married, then that’s ok. But if she entered the country intending to get married and concealed that intent from border patrol then she may have problems adjusting status. Discuss in private with counsel. Counsel anywhere in the USA can help you.... Read Answer

I have never seen a person apply for an I-765 before arriving in the United States in a J visa situation or most any situation. The form and instructions are tailored for those already in the country.  Also you do not hold a status with USCIS until you make an entry. You are probably better off waiting until you arrive before making the application. 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 employer appears to be misinformed as everyone will be looking at your U. S. Masters in computer science rather than your degree from India. Perhaps your employer has been reading many articles in the ethnic newspapers that focus on the difference between India and U. S. bachelor’s degrees. But those would not be relevant in your case where you have a U. S. Masters in the field for which you will be obtaining A STEM extension (provided that your employer is under E-Verify) and applying for a future H-1B petition. 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

The regulations require that the two of you actually have met within the two-year period prior to your filing your of the fiancé visa application. I seriously doubt that she will be granted a tourist visa to come to the United States. If you want to file a petition without actually having met, you will need an immigration lawyer to help you. It will require extensive documentation and an affidavit for the application to be granted, and even then the odds are against it being granted. Another solution may be that you clear up your child support obligation, bring yourself current and get out from under that restrictive order concerning your passport and travel restriction.... Read Answer

As a U.S. citizen or lawful permanent resident, you can file an immigrant visa petition on behalf of your spouse and any stepchildren. You cannot petition for any inlaws. Your wife would be able to petition for her parents and siblings once she became a citizen. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

What Trump will do when he takes office is unknown. He has repeatedly stated he would revoke DACA. Whether he will and how quickly after taking office is speculation at this point. I would recommend you move up the wedding date and start the immigration process sooner rather than later. It is better to be cautious than to be caught off guard. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Assuming your boyfriend is a U.S. citizen, no you will not need to leave the country. You will be able to initiate the green card process after marriage. As part of the process, you can request employment authorization. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Assuming your boyfriend is a U.S. citizen, no you will not need to leave the country. You will be able to initiate the green card process after marriage. As part of the process, you can request employment authorization. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer