Texas Immigration Legal Questions

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 Answer

If you have been living and working as a caretaker in Israel for six years, you could apply for a B-2 visiting visa from the American Embassy in Tel Aviv or consulate in Jerusalem. Visitors visas are given in the discretion of American consular officers and you would have the burden of proof that you do not intend to remain in the US past the time that you are requesting for visiting in the States. The fact that you are a third country national in Israel will be taken into account, but also the fact that you have spent the last six years in the country. Your brother's presence in the US would be taken as a negative factor if he did not hold legal status. If holding legal status, that would be a good factor as he could also guarantee financial support if capable. Even if he is a US citizen, the fact that he could also sponsor you for permanent residence is not much of a factor since the waiting time (now approximately 13 years) is so long as to almost negate any semblance of immigrant intent. Good luck! 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 long as your wife is a passive investor, there is nothing in the law that prevents your wife from establishing a company in partnership with anyone else. Such an act does not constitute unauthorized employment.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 depends on the state where you live. USCIS will recognize a marriage if it is: a) a bona fide marriage (i.e., with genuine intent to create a family); b) legal under the laws of the jurisdiction where it was solemnized; and c) the only marriage of each party (even if the solemnizing jurisdiction allows marriage to two or more spouses) For example, New York has no prohibition against marriage of first cousins and recognizes same-sex marriage. So, if you live and marry your cousin in New York, your marriage will be valid for the immigration law purposes (if it is a true marriage and neither of you has other spouses). Some states prohibit cousins' marriage but will recognize it if the marriage was solemnized in another state. For example, you cannot marry your cousin in Illinois, but, if you married her in California and later moved to Illinois, Illinois will not say that you are not legally married (but be careful: if you lived in California at the time of the marriage, it is OK, but, if you were actually a resident of Illinois and moved to California for a brief time just to get married, Illinois can consider your marriage illegal).... Read Answer

To keep your case preference F-2B, you would have to have the assent of U.S.C.I.S. and communicate back with the Service center which approved the I-130 petition. There is no set procedure for doing such, and so it may take quite some time before U.S.C.I.S. confirms that you may keep your F-2B visa classification.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 you cannot be a financial supporter in an immigrant visa case. A cosponsor can either be a permanent resident or US citizen. At the time that the wife will be interviewing at the US Embassy for the green card, the husband will have to prove domicile in the US. Domicile can be shown in a variety of ways, such as possession of a US home, US job offer, US bank accounts, a recent pattern of voting in the US, 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 Answer

It would best for you to discuss these issues with the attorney who filed these petitions/applications. He/she is in the best position to give guidance. Your daughter may remain in the United States while her adjustment of status application remains pending. Your daughter may not be eligible for a green card if she ages out prior to adjudication of the green card application. Whether she will age out will depend upon the application of the Child Status Protection Act. You can read more about the Child Status Protection Act at http://myattorneyusa.com/recapturing-priority-dates-for-family-sponsored-immigrant-visa-applications.... Read Answer

Generally a U.S. citizen age 21 or older may sponsor a parent for immigration benefits in the Immediate Relative visa category. Beyond the U.S. citizen's age, there are many other details that can determine eligibility for this type of application. If the U.S. citizen does not have sufficient documentable income to meet the requirements for an Affidavit of Support, it would be possible to have another person serve as a "joint sponsor" in that application process. Generally a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities specified in the Affidavit of Support.... Read Answer

If you have a legal nonimmigrant status like H-1B, your applying for political asylum will not cancel the H-1B status. In applying for asylum while in status, you will only have one chance to prove your case for asylum. That will be at the local asylum office. If your case is denied, you will receive a notice of such action, but U.S.C.I.S. will take no steps to cancel your status or to put your case before an immigration court. 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

Changing status back to H-1B is risky. The reason being is it is inappropriate to use B-2 status to remain in the U.S. while looking for a new job. B-2 is a visitor visa not a placeholder. It is made even more risky because you likely did not indicate you would be looking for another job. You may be able to obtain a new H-1B through consular processing. Changing your status can take months. Obtaining a new visa through consular processing is typically faster. Have you discussed consular processing with the university's attorney? Without more specific information, it is impossible to assess other and future immigration benefits. ... Read Answer

Only an immigration official at the port of entry can make the decision whether or not to allow your mother back into the United States as a temporary visitor. If you need your mother to be near you for an indeterminate amount of time due to your illness, it may be a better idea for you to petition for your mother to come to the United States as a lawful permanent resident.... Read Answer

The best reply will depend upon the actual content of the RFE. An attorney needs to review the H-1B package as well as the RFE in order to give meaningful guidance. The H-1B petition will be denied if the RFE is not properly responded to. It is in your interests to consult an attorney. In the interim, you can read more at http://myattorneyusa.com/work-visas. ... Read Answer

No. Your spouse cannot enter the United States with a visitor visa when her intent is to remain in the country permanently and seek residence. Such conduct can result in your spouse being found to have committed material misrepresentation. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The U. S. government cannot deport a U. S. citizen for a crime committed after the individual is naturalized, so I will assume that your mother was either a permanent resident or the crime was committed prior to her becoming a U. S. citizen. Drug transportation is treated very harshly under the U. S. immigration laws, and the fact that a few lawyers have already gone over her case and not encouraged her is an indication that she will not gain any immigration relief. There is no immigrant visa waiver that covers drug transportation. The best hope was probably trying to obtain a nonimmigrant waiver at the border based on emergent humanitarian reasons, but that was apparently turned down. Her case unfortunately does not look encouraging at all unless she is able to overturn the criminal conviction. 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