Texas Immigration Legal Questions

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 Answer

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 Answer

You may apply for a tourist visa. The issue you will likely face is you are inadmissible for at least one reason. You are inadmissible for a period of ten years, because you were ordered removed. You may also be inadmissible for ten years if you accrued more than one year of unlawful presence. It is not clear from the information provided if you are subject to this bar. However, it does appear the government's position will be you are subject to the unlawful presence bar. You can apply for a waiver of the unlawful presence bar as well as ask for permission to reapply for admission after removal. If these applications are approved, you can be issued a visa. I encourage you to consult an attorney about the waiver. In the interim, you can read about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

You could not study at B University until your change of status was approved and in effect. If you would like to begin your studies sooner rather than later, you would need to depart the country, apply for an F-1 visa, and re-enter the country using that visa. You can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

You cannot file an extension of status. In order to file an extension of status, the applicant must intend to leave the United States. Your parents have no intention to leave the United States.  In addition, it may not be advisable for your parents to file for adjustment of status. Your parents may be found to have immigrant intent. This can lead to a permanent bar to admission. Whether this will be an issue will depend upon their intentions at the time of entry. If your parents adjustment applications are denied, it is unlikely they will be allowed to enter again with their tourist visas. you can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You simply need to show you have not returned to the United States. There are a variety of records that could be used to show you complied with the ban. You could submit copies of leases, utility bills, bank statements, income tax returns, employment records, school records, etc. You essentially need to provide documentation showing you were in your native country during the past ten years and not the United States. ... Read Answer

The answer will depend upon more information about your husband's immigration history. Has be deported more than once? Why was he deported? This information is needed to determine whether he is eligible to return and the process you will need to follow. Your husband will likely require a waiver at the very least. You can read more about waivers at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

You may remain in the United States while a change of status is pending assuming the request was filed prior to the expiration of your current status. However, you cannot begin to work until the change of status request has been approved. There is also a risk of accruing unlawful presence of the change of status request is denied. You should consider speaking to the employer's attorney to make sure it is even feasible to get the H-1B petition filed within the ten days you have remaining in your authorized stay. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read Answer

You will likely need to wait until your fiancé is released from custody. Once released from custody, your spouse can either file a fiancé visa petition on your behalf of you can marry so he can file an immigrant visa petition on your behalf. You can read more about family immigration at http://myattorneyusa.com/family-immigration. There is general information about the process as well as information related to common issues.... Read Answer

There is not enough information to determine if your father has a chance to stay here. Some criminal convictions can make someone ineligible for any relief from removal while others require the alien to obtain a waiver. You should take a copy of his criminal record to an experienced immigration attorney. This attorney can assess what can be done for your father. In the interim, you can read more about criminal alien matters at http://myattorneyusa.com/criminal-aliens.... Read Answer

You have two potential options. The first is to petition for a fiancé visa. If the petition is approved, your fiancé can apply for a fiancé visa. This visa will allow him to enter the United States for the purpose of marrying you and seeking permanent residence. You will need to meet certain criteria to be eligible including having met in person during the past two years. The process will take about 6 to 12 months for him to obtain the visa. You will have 90 days to marry after which he filed a green card application.  The other option is to marry. Once married you can file an immigrant visa petition on his behalf. When he enters the United States he will be a lawful permanent resident. This process rakes approximately 12 to 18 months.  You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Yes. Any adjustment of status based upon marriage to a United States citizen is subject to the conditional residence requirements. Though you enter on a K-1  visa, you are only eligible to adjust your status based upon marriage to the petitioning United States citizen. If you have been married for less than two years at the time you're green card is approved, you will be issued a conditional green card. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer

I sympathize with your situation but without knowing what has been done it is hard to provide any explanation of the process. Have you tried asking your mother or the attorney handling the matter? Could you at least get a copy of the paperwork? This would allow another attorney could give you a meaningful opinion. In the interim, you can read about the family immigration process at http://myattorneyusa.com/family-immigration.... Read Answer

Possibly. It will depend upon whether the Form I-130 is for an immediate relative or the priority date is current and the beneficiary has maintained nonimmigrant status. Consult an attorney before filing. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

You may be able to extend your current status or change to another status. The options available to you will depend upon your overall immigration goals, education, work experience, etc. This is a question best discussed in a consultation with an experienced immigration attorney. In the interim, you can read more about immigrant and nonimmigrant options at http://myattorneyusa.com.... Read Answer

You should contact the United States Embassy to see if they will accept a medical examination conducted by a Civil Surgeon in the United States. Try sending the Embassy an email with the case information or calling the Embassy. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

The F4 preference category takes the longest and is currently oversubscribed by 12 years.  An attorney cannot speed this up for you  He needs to wait approximately another 11 years.   Visit the Visa Bulletin for the family category, second table, here: https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-june-2016.html... Read Answer

The normal practice where an individual entered the country legally and has no documentation of entry would be to file an I-102 application to replace an I-94 card. The chances of an entry being located are more where individuals came in by air or by sea. Land border crossings may prove more difficult to prove where a person claims a legal entry. If you are not able to obtain proof of entry, you are not adjustable to permanent residence even if you marry a US citizen unless you have the benefit of §245 (i), under which individuals would have had to have a labor certification application or immigrant visa filed on their behalf by April 30, 2001 and be physically in the cpuntry on December 21, 2000.  If you have neither siyuation, you may still be able to obtain permanent residence outside the US by having the I-130 petition approved, filing and seeing the results of an I-601A waiver application while still in the US, and if approved, going outside for a consular interview which would in all likelihood result in an immigrant visa. The I-601A waiver waives the 10 year bar for being illegal in the US for at least one year and is based upon establishing extreme hardship to a US citizen spouse or parent. I note that the classes of persons who can make use of it are expected to expand in the very near future to all classes that are immigrant visa eligible and the qualifying members for hardship to also include permanent resident spouses and parents. 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