Texas Immigration Legal Questions

If you are a U.S. citizen, you can file an immigrant petition for your father, and he should be able to get a green card without leaving the U.S. The process is relatively straightforward and can be completed in 6-10 months. The filing fees to the government amount to $1490; attorneys' fees for preparing the case vary significantly. You will have to prove that: 1) you are a U.S. citizen; 2) the sponsored alien is your father; and 3) you have the financial ability to support your father when he will become an immigrant (he will not be eligible for welfare, SSI, Medicaid, or any other form of public support until he becomes a U.S. citizen) To satisfy the last requirement, you have to show income above the federal poverty level; for instance, if you leave alone and have no dependents, you must have income over $20,025 /year; if you have a spouse and a child, your family income must be over $30,375/year; and so on. You can look up the number that applies to your situation at https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf (in the right column of the table; the household size is you + your spouse (if you have one) + your children (if any) + dependents you show on your tax returns + your father) If your income is less than the required, you will need a co-sponsor for your father. The co-sponsor does not need to be a U.S. citizen (can be a permanent resident) or be blood-related to you or your father; but he or she has to show income above the poverty level for his/her household size (family members living together + dependents + 1 (your father)).... Read Answer

There is really not enough information to assess what can be done. Credit issues are typically not the concern of CBP. That being said, if your relative had a social security number that has been active, CBP may believe he has been in the country in violation of his prior term of admission. You should consider consulting an attorney about what can be done if your relative is still in the country or to bring him back. ... Read Answer

You will need to submit an I-130 relative petition on your husband's behalf to USCIS along with copies of documents to establish your immigration status and relationship to your husband. Since you are only a green card holder, your husband must wait until his priority date is current before he will be able to apply for an immigrant visa to come to the United States. The current wait time for spouses from the Philippines is about twenty months.... Read Answer

The initial steps in seeking immigration benefits for your husband will depend upon details that are no included in your question and that are more extensive and complex than can be addressed in a forum like Law Q&A. It would be wise for you and your husband to consult with an immigration attorney who, after learning all of the relevant information about you and your husband, could advise about immigration eligibilities, options and strategies, and could offer legal representation in the application process - a process that often is significantly more complex than it might appear.... Read Answer

Your parents must meet all of the criteria to obtain citizenship. Ownership of property overseas does not excuse them from meeting the naturalization requirements. You can find a complete list of eligibility requirements at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states. As lawful oermanent residents, your parents are expected to remain in the country for most of the year. Remaining outside the country for a year or more triggers a presumption of abandonment. However, stays outside the country of less than a year can trigger an inquiry into their intentions. It is advisable not to be outside the country for more than six months at a time. If your parents need to remain outside the country for a longer period of time, they should obtain a re-entry permit. ... Read Answer

Reapplying will not make the process faster. I assume you are a lawful permanent resident. While a petition for the child of an LPR typically receives a visa faster, he/she must wait for his/her priority date to become current in order to immigrate. It appears your son's priority date is not current based upon the email you received from the NVC. There is no way to bypass the wait for a visa to be available. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Based upon the information provided, you do not have a basis to change your status. TPS has no direct path to Lawful permanent residence. You would need to be the beneficiary of an approved immigrant visa to become a resident. Your children can only petition for you once they reach the age of 21. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Unfortunately, becoming a U. S. citizen will not benefit your son’s case as the current availability date for the F-2B category for unmarried sons or daughters over the age of 21 of a permanent resident is shorter than that for the F-1 category of unmarried sons or daughters over the age of 21 of a U. S. citizen. In the month of August 2016, the current availability date of the F-2B category for most countries of the world is 1/8/10 while the F-1 category is behind that 5/22/09. If you wish, your son can communicate with U.S.C.I.S. to preserve the F-2B category listing. 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

I believe that your chances of obtaining an extension of your B-2 status are likely okay. You were admitted by the CBP officer instead of being turned away and so unless the officer marked your passport with remarks like no change of status ("no C/S") or no extension of status ("No EOS"), you would most likely be treated as a fresh adjudication by a U.S.C.I.S. officer.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

Both Forms I-485 and I-130 can be concurrently filed with USCIS to apply for adjustment of status, assuming your daughter qualifies. It is not necessary for her passport to be current, but her last entry into the United States must be legal or with inspection to be eligible for adjustment of status.... Read Answer

There is no legal requirement to concurrently file the I-130 and I-485 applications - sometimes people have reasons to file the I-130 and await its approval before filing the I-485 Application for Adjustment of Status (to get a "Green Card"), but without a sufficient reason (such as applying in a visa category for which an immigrant visa is not "immediately available"), the two applications should be filed together. Our firm advises clients to have a valid, current passport for use in the application process, since the USCIS generally asks for this to confirm travel and re-entry dates through the date of application approval, but sometimes there are practical reasons for not doing so (such as where one must travel overseas to obtain a renewal). It would be wise for you and your daughter to consult with an immigration attorney, who, after learning all of the relevant information about your family, could advise about eligibilities, options and strategies for your daughter, and could offer legal representation for the application process - which often is significantly more complex than it might appear.... Read Answer

You could run into issues down the road depending upon when the change of status is approved for your request for F-1 status. USCIS applies the last action rule. This means that if your F-1 change of status is approved after your status has changed to H-1B, you will no longer hold H-1B status. I encourage you to discuss the matter with your employer's attorney. ... Read Answer

You need to start by reading the applicable sections of the Immigration and Nationality Act and accompanying Federal Regulations. From there, you will need to see if there is applicable case law. This is a situation where you really should consider consulting an attorney. You can find more information about citizenship at birth at http://myattorneyusa.com/the-citizenship-clause-and-jus-soli-citizenship-citizenship-by-birth-in-the-united-states.... Read Answer

More specific information is needed about the dates you were out of the country during the past five years. However, assuming you were out of the United States for a year or more, you will not be able to establish continuous residence. It does matter why you remained outside the country. A stay of a tear or more is an automatic disqualification. In addition, you must have been physically present in the United States for at least 30 of the past 60 months. You can read more about naturalization requirements at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

It appears your matter has to do with the immigration laws of El Salvador. Unfortunately, this forum is designed to address questions about United States immigration law. I would encourage you to schedule an appointment with a reputable immigration attorney in El Salvador. You may also want to consider contacting the U.S. embassy. ... Read Answer

There is no prohibition against applying for a new visa in such circumstances. You should speak to your employer's attorney to prepare for the interview. You could find yourself stuck in administrative processing. You can read more about H-1B visas at http://myattorneyusa.com/work-visas.... Read Answer

Your son would only qualify for a K3/K4 if he is considered an immediate relative for immigration purposes. There are several requirements to obtain a K3/K4 visa so make sure he is eligible before filing. You can read more about family immigration at http://myattorneyusa.com/nonimmigrant-visas. ... Read Answer