Texas Immigration Legal Questions

It is difficult to know where you stand with so few facts. I suggest that you have a formal consultation with an immigration lawyer who will be able to go over all the facts of your case and give you an informed opinion.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 More

No, your son cannot stay in the U.S. while waiting for the Form I-130 filed by his wife to be approved. He cannot concurrently file a Form I-485, because his with is not a U.S. citizen and therefore, an immigrant visa is not immediately available to him. He must depart the country in compliance with his authorized stay. Visiting the U.S. after the Form I-130 is filed is risky as your son will likely be denied entry because of immigrant intent. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You may or may not be a citizen. There are several criteria that must be met to acquire citizenship through a parent. There is not enough information about your immigration history to make a determination. A good starting point would be requesting a copy of both you and your mother's immigration files. This can be done by filing Form G-693 with USCIS. You can read more about citizenship at http://myattorneyusa.com/citizenship-and-naturalization.... Read More

You may or may not be a citizen. There is not enough information about your immigration history to make a determination. A good starting point would be requesting a copy of both you and your mother's immigration files. This can be done by filing Form G-693 with USCIS. You can read more about citizenship at http://myattorneyusa.com/citizenship-and-naturalization.... Read More

There is nothing that precludes an F-1 student on OPT from establishing an LLC while being employed at the current OPT job. However, you are not authorized to work at the LLC unless the work that you are doing is in your field of study. To be safe, you should apprise the DSO of your new work with the LLC if it is connected with your field of study. Whether the company can file for an H-1B next year may hinge on whether it is able to show documentation that it is promising and is growing. Proof of funding from angel investors or venture capitalists, etc. would be one indication along with contracts for work and other proof of company existence such as a strong website, lease of office space, hiring of personnel, etc.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 More

Your question is not very clear. To be eligible for naturalization, you must meet the physical presence and continuous residence requirements. The physical presence requirement requires you to be in the U.S. 30 months during the five-year period. The continuous residence requirement requires you to not be outside the U.S. for six months or more during a trip at any time during the five-year period. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More

This status issued when information about a person's name is amended. It could be the result of a spelling correct or addition of missing information. You should speak to the attorney who prepared the petition for a more detailed explanation.  You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read More

You must satisfy both the physical presence and continuous residence requiremebtsto be eligible for naturalization. The physical presence requires you to be present in the U.S. 30 out of the past 60 months. The continuous residence requirement requires you to have no absences of more than 6 months in the past five years.  You must have either filed income tax returns or be prepared to show no income tax return was required. You would not have to file an income tax return if you did not earn income. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More

You need to respond to the request. This response needs to carefully address the consular officials concerns. Your mother is at risk of being found to have made a material misrepresentation. It is not clear why you failed to disclose your mother's alias given the application clearly asks for other names used. I encourage you to work with an attorney.... Read More

It is unlikely your boyfriend will be able to legally return to the U.S. Most drug convinctions make a person permanently ineligible for permanent resident in the U.S. There is a limited exception for possession of marijuana. In addition, youbindicayed your boyfriend has been deported on more than one occasion. This also triggers a permanent bar to admission. This bar cannot be waived until the person has been outside the U.S. for ten (sometimes twenty) years.  ... Read More

Without reviewing what was actually done, it is difficult to give any guidance. It is not clear whether the attorney for employer A simply withdrew a pending petition or sought revocation of an approved petition. The distinction is important as you it will determine what current immigration status you hold and what steps need to be taken, if any, to get you into F-1 status.... Read More

Costs will vary by the attorney that you choose. For the government fees, you need to consult with an attorney to see what he needs. Based on these facts, I would say at a minimum he needs an I-130 which has a fee of $325. He will probably also need an I-601a or I-601 waiver that has a fee of about $685. Check with an attorney to see if he needs any other filings.... Read More

If your employer values you, it can, instead of playing lottery for an H-1b visa, start a permanent certification process and get you a green card. As an alternative, you might want to look into starting a business that would eventually qualify as the employer that would sponsor you for a work visa and, later, a green card. Otherwise, no matter how many years of experience you might accumulate in the U.S., it will not, in itself, entitle you to any immigration status in the U.S.... Read More