Tennessee Immigration Legal Questions

Hello. I am sorry to hear about the situation.  It appears your friend may be eligible to stay in the US if she qualifies for a U visa, based on her being a victim of violence. She would need to get an advocacy group or law enforcement agency to sign off on the application and if approved by USCIS she will be allowed to stay. Given the sensitive nature of this case please call for a free confidential consultation to determine if she would qualify for the U visa.... Read Answer

I do not know whether you sent in the correct paperwork, but in order to receive biometrics, you would have had to file for an I-485 application to adjust status to permanent residence. You should have received a biometrics notice within 2-3 months of your having submitted the application. I suggest that you call the U.S.C.I.S. National Customer Service Center at 1-800-375-5283 to explain your situation and have U.S.C.I.S. send you the biometrics appointment. Your husband's being in jail would not have anything to do with your failure to receive a fingerprint appointment. Usual reasons for non-receipt are individuals moving to another address without notifying Immigration or persons not having their names on mailboxes and having the post office return the communication.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

Individuals arriving in the United States on C-1/D visas are eligible to apply for political asylum. You should make the application within a year of your entry into the US. Your application would have to be based upon persecution or a well-founded fear of persecution on account of race, religion, political opinion, nationality, or membership in a social group.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

Hello Maria. Once you make a legal name change you need to update your green card with your new name. If you plan on naturalizing then you don't have to updte your green card because you will be able to update your name when you become a citizen. Since you plan on leaving the US in July you should immediately file for naturalization so that you can receive your new citizenship certificate with you current name. My firm can assist you with this matter, we have clients throughout the United States.  Please call my office for a free initial consultation.  We do offer payment plans. 915-219-4070 Thank you. Samuel J. Zermeno, Esq.... Read Answer

He may be able to obtain release from custody. It will depend upon his immigration status, charges against him, and prior immigration and criminal history. Criminal alien cases require a lot of details about the criminal statutes involved to make definitive assessments. You can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read Answer

  Yes they can come as dependents. An application must be filed for them with the notice of approval of your L-1B status, including familial relationship documents. Your company's immigration lawyer  or your lawyer  can do this . 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

I gather that you are interested in the EB-1A category for extraordinary aliens. That would require much more than what you have detailed about your qualifications in your question. To even consider you under this category, you would have to substantiate criteria in 3 areas such as national or internationally recognized prizes or awards, membership in associations in the field which require outstanding achievements for you to join, published material about you in professional or major trade publications or other major media, evidence of your participation as a judge of the work of others, proof of your original scientific contribution of major significance in your field, evidence of your scholarship of scholarly articles in the field in professional or major trade publications or other major media, proof that you have performed in a leading or critical role for an organization that has a distinguished reputation, evidence of you commanding a high salary or other significantly high remuneration in relation to others in your field. 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 may be difficult to convince an American consular officer to issue the F-1 visa to you so soon after you spent such a long time on H-1B status in the U. S. You are correct that the interviewer will be suspicious that you have no intention to truly return home. You can bring whatever documentation that you believe is appropriate to convince the officer that you have nonimmigrant intent, such as proof of your ties and bonds familially and economically with the homeland. 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 are seeking a change of status in the U. S. from H-1B to J-1, you are allowed to remain in the U. S. but not work during the pendency of the U.S.C.I.S. adjudication. If U.S.C.I.S. approves your change of status, you can work under J-1 status without leaving the country. You are not subject to a 365 day during the J-1 status job, but the rule kicks in if you wish another stretch of time under H-1B status.  You and your potential H-1B employer may consider starting a labor certification for you ASAP. 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

Hello. If you change employers, you will need a new h1b. In additon, you are now again subject to the H1b quota. Thus, you cannot file until 04/01/2016 and the job start date will be 10/01/2016. However, depending on your nationality, there may be additional options. Feel free to contact me for a more detailed free consultation. 858-874-0711.... Read Answer

Hello, You may face problems with the U.S. immigration service if you return to the country from which you are claiming religious persecution as they may think that your visit means that you will no longer face persecution. You should contact an experienced immigration attorney in your local city to see if there are other ways to support your father at this time without risk to your asylee status. Good Luck. The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read Answer

The proportionality test matches the amount invested against the total value of the particular enterprise in question or the amount normally considered necessary to establish a viable enterprise of the nature contemplated. Your question is confusing as the amount is either $130,000 or $1,300,000. If the former, the $75,000 would likely meet the first leg of the proportionality test as it is over half of the value of the enterprise. If the latter, it would most likely not. I note, however, that $75,000 is generally considered a very light amount where investment visas are concerned, and the enterprise may be seen as marginal which is a ground to deny an E-2 investment 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

DACA is a deferral of immigration enforcement – it is not an entrée to naturalization. Putting in an application for citizenship at this time based upon your renewal of DACA will result in denial only. You must wait for some further action from Congress to give you legal permanent status which can hopefully lead to citizenship in the future. 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 situation that you describe may or may not be considered unlawful employment. On the one hand, you could argue that it is a passive investment as you employ a property management firm to handle the relevant duties and responsibilities associated with the rental of properties. On the other hand, the fact that you have multiple rental properties might indicate to a U.S.C.I.S. officer that you are more than a passive investor. Arguments cut both ways on this type of arrangement. The question of what you should do will depend upon whether you are willing to take the risk that U.S.C.I.S. will not buy your argument. Since this would mostly be an issue in the adjustment of status to permanent residence context, which is the last part of your immigration case, a denial of an I-485 application to adjust investment will likely leave you the option of changing the final situs of your immigration to an interview with an American Embassy or Consulate in your home 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

The best option is probably to find another sponsoring employer who is able and willing to file for an H-1B extension on your behalf. You would likely have to leave the U. S. since your H-1B contract is expired and there is no grace period. There does not appear to be any point to submitting an RFE response (if not already done) since you are no longer working for the H-1B petitioner. You can explain your circumstances to the American consular officer and he or she will probably be sympathetic in the visa adjudication.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