Tennessee Immigration Legal Questions

Unless you have an emergency reason as to why you have been outside the U. S. for 5 years, an American Embassy or Consulate would not give you a special immigrant visa for your reentry. If your U. S. citizen daughter is over the age of 21, the path of least resistance would probably be to have her re-petition for your green card. Your other option appears to be to board an airplane for the States and explain your situation to a U. S. Immigration officer at the port of entry with the risk that your green card may be confiscated and you returned to the home country or winding up in front of an immigration court defending your right to the green card before an immigration judge.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

Hi.  Once you marry, you can sponsor them to come here.  You can also file a fiancé visa to bring them here and then marry.  The fiancé visa is quicker(9 months),  But costs more in the long run, because  then you file for her green card after the marriage.  If you marry 1st, it may take 10-12 months to get here, but when they get here, you do not have any immediate filings.   Let me know if you wou of like to discuss ini more detail.  I alSo offer free consultations.  ... Read Answer

Hello. I am sorry to hear. You can submit the application without your US Spouse. You will need to divorce and file the I-751 within the 90 days of your card expiring. The case will hinder on what bona fide proof of the marriage you will have from the date of approval to date of separation. In addition, if you have some proof of her cheating (emails, etc.), it will support your case. Please let me know if you would like any assistance. ... Read Answer

The financial support obligation for fiancés is not as strict as when applying for the green card. I would suggest that you can give a letter explaining your situation and why you are relying upon your parents' support at this time. Then your parents can submit the affidavit of support on form I-134 affidavit of support with job letter, proof of recent payments, bank statement, and last year's tax return. If the Consulate requires further papers, it will notify your fiancé. 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 your father will be your joint sponsor for your fiancé, he can fill out form I-134 affidavit of support along with providing his job letter, recent pay stubs, bank statement, and last year's tax return. He would send those to your fiancé, who would present the paperwork at the time of his interview with the US Consulate. 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 visa expired, you would have to obtain another one when you leave the US. Assuming that you have a new J-1 visa, you should not have a problem at the airport when you return. It would not appear that you are eligible for an extension of status in the States as your J-1 has already expired. 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

For your mother to apply for the E-2 visa, she would have to make an application at the American Embassy with evidence of the business, proof of ownership, amount invested, number of employees at present and projected in the future, etc. She should contact the embassy ahead of time to determine its requirements as American embassies and consulates around the world have different procedures for E-2 visa applications. She would fill out form DS – 160 application for a nonimmigrant visa along with the part which is devoted to treaty traders and investors. If the US Embassy agrees, she would be issued an E-2 visa to enter the US to work at the restaurant.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 may be able to sponsor you for the green card, but it is doubtful whether you would be able to adjust your status to permanent residence inside the US. You make a point that you applied for asylum before your visa expired, but U.S.C.I.S. officers many times believe that working under an EAD even if legally obtained means that the individual is no longer holding valid nonimmigrant status. On the other hand, you would not have incurred any unlawful presence through your applying for asylum during the time that you were legally here and obtaining a lawful EAD, so you could conceivably travel overseas at the end of your employment based case (assuming that your case is still pending) to interview for the green card at the American consulate or embassy overseas. 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

U.S.C.I.S. will not deny an H-1B extension application just because it is only asking for six more months. The agency is well aware that six years is the maximum time given on H-1B stays in this country under most situations. So if you are applying for another six months from the same company, there is little reason why it should not be approved. 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

In your I-864, you are only sponsoring your friend's sister's husband and not the sister. Therefore you would only put him down on the form and only indicate one person as the number of people that you are financially supporting.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 age gap is a factor that U.S.C.I.S. looks at in attempting to determine whether there is a bona fide marriage. If you marry and are sponsored by your older husband, you and he would have to gather up all other indicia of a real marriage such as lease or deed, utility bills, telephone bills, banking statements, photographs, credit card statements, etc. Convincing proof would be the birth of a child. But U.S.C.I.S. does look at all factors in determining whether a relationship exists in which both parties are living together as man and wife.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

Unfortunately the law does not allow those who have an approved I-130 to obtain advance parole to travel in and out of the country. Possibly your best situation is to take advantage of the Administration’s I- 601A program when your spouse becomes a U. S. citizen. At that point, you could apply for a waiver of the 10 year bar and receive the result prior to making a decision to step outside the country for an immigrant visa interview at the consulate. 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

A U. S. citizen who is the age of 21 is allowed to petition for his or her parents’ permanent residence. You will also have to be able to provide an I-864 affidavit of support for them. If you do not have sufficient income and assets, you can have a credible joint sponsor submit another I-864 for your parents’ support. 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 daughter cannot submit the I-130 alien relative petitions until the day that she turns the age of 21. Any petition submitted prior to that time would be invalid. 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 father was physically present in the US or in Puerto Rico for five years prior to your birth, two of which years were after the age of 14, you should be a US citizen. All persons born in Puerto Rico are US citizens, and your father should be able to transmit his citizenship to you. Your mother’s having attained her citizenship now would not help you as you are now over the age of 18 and otherwise illegal in the U. S.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

Having a godson will unfortunately not keep you in this country where both his mother and father are alive and well. If you have a well-founded fear of persecution in going back to your home country or if you have been persecuted there, you may submit an application for asylum/withholding of removal. You may also be eligible to apply for political asylum if there is a change of circumstance in your situation which could subject you to persecution in your home country. Other than those or marriage, there do not appear to be other options open although you may hope that something happens in Congress to allow some form of comprehensive immigration reform during the time that you are fighting your removal proceedings.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

Drug trafficking is unfortunately one of the crimes for which there is no forgiveness under US immigration law. As your brother was already deported, I do not see him being able to return to the country legally at any time 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

Unfortunately your plan is not one that U.S.C.I.S. would approve of. I assume that your fiancée and her children are coming to the US next week as visitors, and that she is not coming as a K-1 fiancée. If you marry her within a short period of time after her arrival in the States, that might be seen as confirmation of her misrepresentation in coming to the country. As a visitor, she is supposed to have nonimmigrant intent. The better way would be to go through the proper channels of applying for a K-1 fiancée visa on form I-129F, and having her interview at the American consulate or embassy overseas so that she can properly enter as your fiancée.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

U.S.C.I.S. will generally not allow an individual in your situation to remain here for a long time on humanitarian parole. If the agency decides to give you relief, it would probably place you on deferred departure under which you would not have a valid nonimmigrant status, but be allowed to stay with work privileges if you make such a request. Deferred departure would not allow you to adjust status in the US to permanent residence. However, if the agency allows you to stay for a long period of time, you may be able to qualify for cancellation of removal under which you would have to prove 10 years residence in the country, good moral character, and that your removal would cause exceptional and extremely unusual hardship to your US citizen daughter.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 would be better for your boyfriend to obtain an attorney in the States as you will require a lawyer well-versed in US immigration law and not of Honduras. Any waiver application would not be filed in Honduras, but at a lockbox of U.S.C.I.S. in the States. I note that a waiver is not available if your boyfriend's only US relative is a three-year-old child. To obtain a waiver of the illegal presence bar for having been illegal in the country, you must prove that a US citizen or permanent resident parent or spouse would suffer extreme hardship if the waiver was not granted.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 question is not what is easier, but what is legal. If you and your girlfriend from the UK have a preconceived plan for her to enter as a tourist and then adjust status while she is here in the States, she would be open to a charge of misrepresentation in representing herself as a tourist when she was actually planning a permanent stay. If on the other hand there is no such intent and while she is here you both decide that you should marry and she stay, there would be no misrepresentation. Other choices are your applying for her under K-1 fiancée status which would take approximately 7 – 9 months to complete or applying for her under an immigrant visa petition if you marry her in England which would take approximately a year. 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