Texas Immigration Legal Questions

The naturalization application process requires each applicant to reveal all instances in which he/she was cited (or arrested or detained) by any enforcement officer for any reason. While some very minor offenses may have no consequences for naturalization eligibility, failure to identify them can form a basis for denial of a naturalization application. Appropriate certified copies of disposition documents should be supplied to the USCIS for each offense (and where no such documents still exist, as may be the case for a non-felony matter 12 years ago, an originally signed letter from the appropriate court representative explaining that no record exists and explaining why that is true, should be supplied). The naturalization application process often can be significantly more complex than it appears just from reading the Form N-400 and its instructions, and reading the statute and published regulations. Especially when an applicant has some "blemishes" on his/her record, it would be wise to work with an immigration attorney.... Read Answer

Under U.S. immigration laws, generally a marriage recognized as valid where it took place (such as in the Philippines) will be recognized as valid here. For marriage-related immigration applications it is necessary to supply evidence that the couple is living together in a bona fide marriage - regardless of whether that marriage took place overseas or in the U.S. - and it also is necessary to show that the U.S. citizen spouse has sufficient documentable income to meet the Affidavit of Support requirements. For both of these purposes tax returns and pay stubs can be very important. Other supporting documentation will be important too. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, will be able to advise you about immigration eligibilities, options and strategies and then will be able to offer legal representation in the application process - a process that often is far more complex than it may seem from just reading the forms, the immigration statute and regulations.... Read Answer

It depends on how your dad entered the U.S. and whether he's eligible for an adjustment of status. Do you know if they ever filed a Form I-130 or Form I-485? I know you said they never got around to applying, but you should ask specifically about those forms. Sometimes people forget that they applied a long time ago.... Read Answer

If he entered without inspection, then he cannot adjust status, here, unless he was paroled into the U. S., so more information is needed. There may be more options. However, I strongly recommend an appointment with a competent and experienced immigration attorney who can spend enough to ask enough questions.... Read Answer

Whether you qualify for an EAD based upon compelling circumstances will depend upon the view of U.S.C.I.S. As this is new relief without much of a track record, I could not inform you whether your situation would be seen as compelling circumstances although I suspect that it will be. An individual on the EAD who works for another employer is no longer in valid nonimmigrant status. It does not give travel privileges.  For that, you would have to make an application for advance parole, and such could be approved based on urgent humanitarian circumstances or where it would provide a significant public benefit.  If you must renew your H-1B after the year of employment authorization under the EAD, you would have to go abroad for non-immigrant visa processing. If you are denied an H-1B petition and are still in the States, you can request an extension of the EAD where there is still compelling need and the visa availability date is far away, or the visa availability date is reachable within one year before or after the visa bulletin final action date. However, if the H-1B petition is approved by U.S.C.I.S. and you are denied a visa when you try to go for visa stamping abroad, you would essentially be stuck overseas unless you are able to overcome the ground(s) of denial.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 wife cannot enter the U.S. with a B-1 visa if her intent is to seek lawful permanent residence. A B-1 visa requires the holder to intend to return to his/her native country. Entering with a B-1 visa when your intent is not to return is misrepresentation. It can lead to serious repercussions. Your wife will need to proceed through consular processing. You should start the process by filing a Form I-13 on her behalf. You can read more at http://myattorneyusa.com/family-immigration.... Read Answer

There are several criteria that must be met to be eligible for an I-601A waiver. Your husband will need to meet the following: 1. Must be present in the United States at the time of the filing of the application; 2. Must provide biometrics to USCIS at a location in the United States designated by USCIS; 3. Must only be inadmissible for unlawful presence as set forth under section 212(a)(9)(B)(i) of the INA upon departure and at the time of the immigrant visa interview at the U.S. Embassy; 4. Must have an immigrant visa application pending with the DOS based on either an approved immigrant visa petition for which the DOS immigrant visa processing fee has been paid or selection by the DOS to participate in the Diversity Visa Program under section 203(c) of the INA for the fiscal year for which the alien registered; 5. Must intend to depart from the United States in order to obtain the immigrant visa; and 6. Must establish extreme hardship to a qualifying relative such as a U.S. citizen spouse.  You can read more about the provisional waiver at http://myattorneyusa.com/provisional-unlawful-presence-waivers-rules-taking-effect-august-29-2016.... Read Answer

If your mother overstayed her admission time by 10 days or by any days, her US visa is automatically canceled. She would have to obtain another visa from the American consulate or embassy to be able to legally return to the US 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 need to check with the airline to see if your identification is sufficient to board the plane. While you can travel within the U.S. With appropriate identification, keep in mind travel can be risky for an alien without authorization to be in the country. You increase your exposure to immigration and other law enforcement officials. ... Read Answer

You may submit a written request to the USCIS office where your case is currently pending to withdrawal the application. The other options that may be available will depend upon your immigration status, what you mean by "uncooperative", etc. I would encourage you to consult an attorney about your options before withdrawing the application. ... Read Answer

The best way to proceed will depend upon how you entered the country and if without inspection, whether you are grandfathered under INA 245(i) or have been paroled into the U.S. Withoutvknowing more about your immigration history it is difficult to provide any guidance. I would encourage you and your husband to sit down with an experienced immigration attorney. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Based upon the limited information provided your boyfriend is likely subject to a ten-year bar, because of his prior deportation. This means he is inadmissible for a period of ten years from the date he was ordered deported by the immigration judge. The good news is that there is a waiver available. Are you prepared to marry your boyfriend? If not, he will need some other basis to seek a nonimmigrant or immigrant visa. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Generally, a foreign national who entered the U.S. lawfully and with inspection, such as with a nonimmigrant visa, and who becomes married to a U.S. citizen, is eligible to apply for adjustment of status in the marriage-based Immediate Relative visa category, notwithstanding that the foreign national lost his/her passport with evidence of the visa. There are many more details that address eligibility, and it would be wise for you and your spouse to consult with an immigration attorney, who, after learning all of the relevant information about you, your immigration-related history, your marriage, etc. should be able to advise you about immigration eligibilities, options and strategies and should be able to offer legal representation in the often quite complex application process.... Read Answer

To many officials, the last year of tax returns is very important, especially as it gives a better picture of the sponsor's current ability to support. I suggest that you have your intended sponsor file an amended tax return for 2015 and also provide evidence of income for 2016 in the form of job letter and payslips showing how much he has been making for the 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

From your fact situation, it does not appear that you know the rudimentary requirements of an H1B visa. U.S.C.I.S. generally does not give H-1B visas for individuals to work at a gas station. I suggest that you make an appointment with an immigration lawyer who can go over your entire situation and discuss your possibilities.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