Texas Immigration Legal Questions

At the age of 18, you are free to marry and sponsor your boyfriend for the green card. I note that you will have to be able to show proof of ability to support or have a cosponsor who can take up the financial burden. Much more important will be a showing that the marriage is bona fide and not entered into for the primary purpose of obtaining your boyfriend’s permanent residence. 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

An individual entering the U. S. on a B-2 visa is not supposed to have a preconceived intent to change status to student. U.S.C.I.S. believes that anyone who attempts to do so within 30 days of entry presumptively had the intent prior to entry and will generally deny the applications. Those doing so between 30-60 days have a lesser presumption against them, and the presumption is generally lifted after 60 days. 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 father is likely barred from admission for life given the amount of marijuana involved. He may be able to seek admission of his criminal conviction is vacated or he is pardoned. I recommend you get a copy of his criminal court file and consult an experienced immigration attorney. ... Read More

You will likely not be eligible for H-1B unless you or the employer is cap exempt. There is an annual limit to the number of H-1B visas that can be issued each fiscal year. The cap has already been met for this upcoming fiscal year. The employer could not file a petition until April 1, 2017 for work beginning in October 2017. You can read more about H-1B at http://myattorneyusa.com/introduction-to-h1b-visas.... Read More

It is best to start work for the sponsoring employer and then transfer to a new employer. You should speak to the new employer's immigration attorney to understand the process and risks fully before deciding to move forward. In the interim, you can read more about H-1B at http://myattorneyusa.com/introduction-to-h1b-visas.... Read More

You should not have any issue if you have maintained your student status. If, however, you have not maintained your student status, you should discuss the matter further with an attorney before departing the country. You can read more about TPS at http://myattorneyusa.com/temporary-protected-status-tps.... Read More

There is not enough information to assess the matter. You may be eligible to file a Form N-600. I recommend you take your adoption records to an experienced immigration attorney for review. You can read more about deriving citizen up through your parents at http://myattorneyusa.com/citizenship-and-naturalization.... Read More

Unfortunately, your brother is not required to cooperate. He can cease the petition process at any time. A request to expedite could be filed but without your brother's cooperation, it will be impossible to bring your mother here. The petitioner must submit an affidavit of support even if a joint sponsor is available. His refusal to sign an affidavit of support will keep her from being able to immigrate. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Asylum offices nationwide are extremely backlogged. Many do keep a list of cases to expedite. The problem is finding a interview time slot. These cases are scheduled when others cancel or request rescheduling. Have you and/or your attorney gone in person to the asylum office to inquire about the request? ... Read More

Why not wait to receive your actual green card? You could have simply received an approval notice that has erroneous information. If you green card arrives and is valid for ten years, you have worried over nothing. If, however, your green card arrives and is valid for only two years, you simply request a replacement. You will not have to pay a fee as the mistake was the fault of USCIS. In the interim, you can attend an infopass appointment to obtain a I-551 stamp in your passport.... Read More

The persin applying for the visa overseas completes either a DS-260 or DS-160 depending upon which is applicable. The DS-260 is an immigrant visa application and is filed after the immigrant visa petition (usually the Form I-130 or Form I-140) is approved by USCIS. The DS-160 is a nonimmigrant visa application. You can read more about visas at http://myattorneyusa.com.... Read More

You can petition for your mother so long as you are a United Stares citizen who is at least 21 years old. The fact that you are married does not prevent you from petitioning for both your husband and mother. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You must be able to establish domicile in the US at the time of your husband's immigration. Being in the US would be advisable. Items that might be helpful to prove your US domicile would be job offer letters, US tax returns, US banking statements, ownership of real property, etc. Domicile is important in the immigration process as you must file an I-864 affidavit of support and that form requires that the petitioner have a US domicile.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

You are free to apply again but do not expect a different result. The fact that you have been twice denied by a consulate in India will be known to the consular official in Canada. Applying for a third time is not likely to change the result unless there has been a change in your circumstances. If you believe the prior decisions were erroneous, you can ask the consulate to reconsider. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read More

You or your husband may be able to petition for the children. You could petition for his children as your stepchildren if the married their father prior to the children turning 18. The children would immigrate faster through a petition filed by you. Your husband could also petition for his children as long as they are not married. The process is started by filing an immigrant visa petition on behalf of each child. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

You need to be truthful when completing your naturalization application. You will need to disclose the prior marriage and provide documentation regarding the divorce. You also need to be prepared to answer questions about why you never disclosed the marriage in the past. I recommend you work with an attorney. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states. ... Read More

Are you referring to an employment authorization card? If so, it could possibly be renewed. Employment authorization is not an independent form of relief. You have to have some basis for employment authorization such as a pending application or a deferred action status. I would recommend you speak to an attorney about his immigration to see if he is eligible. ... Read More

It will take USCIS approximately 5 to twelve months to adjudicate Form I-130 depending upon where the application was filed. Once the petition is approved, your son will need to wait for his priority date to come current before he can immigrate. His status may change to F2B category after he turns 21. It will depend upon the application of the Child Status Protection Act and when an immigrant visa becomes available. The Child Starus Protection Act essentially allows the time the petition was pending with USCIS to be subtracted from your son's age. The only thing you can do at this stage to speed the process is to promptly respond to any correspondence requiring you to take action. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

There are several requirements that must be met to derive citizenship through one's parents after birth. To derive citizenship you must meet one of the following criteria: (1) both parents naturalized; (2) one surviving parent naturalized if the other parent is deceased; (3) one parent naturalized who has legal custody of the child if there is a legal separation of the parents; or (4) the child's mother naturalized if the child was born out of wedlock and paternity has not been established by legitimization. In addition, you must have been under the age of 18 when your parent(s) naturalized. You must also be residing in the United States while admitted as an LPR when your parent inaturalized or thereafter begins to reside permanently in the United States. You would be a citizen if you can meet all criteria. You can read more at http://myattorneyusa.com/deriving-citizenship-through-parents-after-birth#Old%20Laws%20Before%20the%20CCR%20-%20For%20Children%20Who%20Turned%2018%20Before%20February%2027,%202001.... Read More