Tennessee Immigration Legal Questions

Your employer can file a petition on your behalf at any time. The issue is your ability to remain in the U.S. and extend your status. If you are on your sixth year of H-1B, you will not be eligible for an extension unless the PERM process has been pending for at least one year or the Form I-140 has been approved. This may put you in a situation where you can no longer work the employer and must depart the country. You can read more about nonimmigrant and immigrant work visas at http://myattorneyusa.com/work-visas.... Read Answer

Your husband cannot have you deported. Only DHS can determine whether to deport someone. Once you divorce, your H-1B status would terminate by operation of law. There are limited options available to individuals in your circumstance. I encourage you to consult an attorney as more information is needed to see what options exist. You can read more at http://myattorneyusa.com/victims-of-violence-immigration.... Read Answer

You may remain in the U.S. for as long as you are authorized. Yourcsuthorized stay is indicated in your Form I-94. You cannot work while in a tourist visa. You would need to change your status to one that allows for employment authorization. It is not clear from the information provided if this is a viable option for you. I encourage you to consult an attorney. ... Read Answer

You must be at least 18 years of age in order to execute an affidavit of support. You may petition for your spouse immediately after your marriage. There is no required waiting period. The process you will need to follow wil depend upon your husband's immigration history including his manner of entry. You can read more about family immigration at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You may switch employers at any time. If you wish to maintain, H-1B status, your new employer will need to file appropriate transfer. Otherwise, you will need to wait until your EAD arrives before you can work. If you choose to work with your valid EAD, you will be out of H-1B as if the day your employment ceases. You are nonetheless authorized to stay in the country because of the pending Form I-485. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

I understand you need help but please understand that this is complicated matter. There simply is not enough information to give you any guidance. More information is needed about your immigration status, why your husband was deported, and his immigration. If he has any criminal history, this information would be needed as well. I recommend a consultation with an attorney. In the interim, you can find more information about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

No. Once filed with USCIS he has made a contract with our government that he will be financially responsible for you. You will not be deported if he tries to withdraw his affidavit, but his attempt will certainly alert USCIS to a serious problem with your marriage. You need an immigration lawyer.... Read Answer

Whether he will be able to stay in the United States will depend upon why he is in prison. Some criminal convictions make a person permanently ineligible for immigration benefits while others will require approval of a waiver in order to avoid removal. Without more information it is impossible to determine what, if any, relief from removal is available to your fiancé. What crime was he convicted of committing? You can read more about fm criminal alien matters at http://myattorneyusa.com/criminal-aliens.... Read Answer

Your son may file an immigrant visa petition on behalf of his wife immediately after marriage. The process to receive an immigrant visa when one is overseas is two-step. First, your son files the petition. Second, once the petition is approved, his wife applies for an immigrant visa. The entire processing takes about 12 to 18 months. You can read more at http://myattorneyusa.com/family-immigration.... Read Answer

Your options are limited. You can continue to wait and occasionally follow-up with USCIS. Your other option would be to file a complaint with the U.S. District Court regarding your stalked naturalization application. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

You can apply for EAD under two different categories but it likely you will only be issued one EAD card. You need to be careful about working on TPS EAD depending upon your future immigration goals. You can read more about TPS at http://myattorneyusa.com/temporary-protected-status-tps.... Read Answer

There are a variety of visa options available. Are you looking to marry when he gets to the United States? If so, you will need to file a fiancé or K-1 visa petition. You will need to establish you are in a good faith relationship and intend to marry within 90 days of his entry. Once married, your husband would be able to apply for lawful permanent residence. Costs will vary depending the exact visa option you are considering. I encourage you to contact a few attorneys directly for fee quotes. You can read more about the fiancé visa at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

First, consult with an immigration lawyer immediately. Secondly, look at the receipts that you received from the government to determine the time you have on your green card. I suspect, that you have a conditional residency card which expires in two years. You also need a divorce lawyer to defend you in divorce proceedings which, by the way, may affect your right to keep your green card. Good luck.... Read Answer

No. You will be required to file a petition to remove the conditions on your green card as a divorced person. This is known as an I-751 form. Please get an immigration lawyer to assist you as this is not very easy to do in your particular situation. You will have to prove the bona fides of your marriage and that you did not enter into the marriage to obtain a green card. This petition can be filed any time after you obtain a divorce. Good luck to you.... Read Answer

No, it's your employer that petitions for you to be eligible for United States permanent residency. Once that petition is approved you may then file for permanent residency. I would urge you to consult with and hire an immigration lawyer to assist you with this case. Not because I think you’re not capable of handling it, you may will be, but in order for the lawyer to debrief and brief you, analyze, assess and evaluate your case in order to maximize the possibilities for a successful result.  ... Read Answer

This is a situation where a consultation with an attorney is appropriate. It is not clear why his green card was taken away in the first place. Does he have a criminal record? Was he accused of fraud? Did he remain outside the United States too long? Without this information it is difficult to provide an assessment. In the interim, you can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

I will assume that you are a US citizen for purposes of your question. Under US law, a K-1 fiancé visa can be given to a foreign national where there is a bona fide relationship and the parties have met within the past two years. Rather than concentrating on having your boyfriend come here to visit, you should perhaps consider going and visiting him in his home country. If the fiancée visa is ultimately approved and he enters the US, you would have to marry within 90 days of his 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 Answer