Texas Immigration Legal Questions

(1) Can my fiance file for a K1-Visa for me and my 16 years Child? If yes, briefly explain the process and fees to be charged. Yes provided you and the US Citizen have met within the last two years. From start to finish the process can take about 15 months. Fees vary from attorney to attorney. But some of charge at the lower end.  (2) Can I get married on a K1 Visa, apply for a change of status and get emergency travel authorization to return overseas within a short or reasonable timeframe? How long would this process take? Yes. You must get married within 90 days of US entry, after which you can adjust status. The process takes about 12 months. Emergency travel can be processed faster than the adjustment case, and even faster if you have the need for emergency travel. Some of us charge at the lower end range.  Counsel fees from start to finish (total) for both cases would be about 5k with no hidden costs. ... Read Answer

Your mother-in-law would typically apply for a B-2 visitor visa at the American consulate or embassy with jurisdiction over her place of residence. In doing so, she would have to show ties and bonds with Mexico to demonstrate that she would return to Mexico after the time of visit. If she is lacking funds, you and your spouse can guarantee her support during the time that she is here with an affidavit of support along with materials such as your job letters, banking statements, and most recent tax return. Please note that the issuance of a visitor visa is within the discretion of the US consular officer. Good luck!  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

From your fact situation, I am not sure exactly where you are in the process. Were you turned back and are presently overseas? Are you here in the United States presently? If in the United States, do you have another appointment with CBP to bring in evidence? Is there a chance that you were expecting to have a paper I-94, and CBP did admit you, but that you have to obtain a copy of the I-94 electronically? I will address a situation wherein an individual is in deferred inspection with CBP. In that case, you would bring evidence that your husband is in the US (passport and electronic I-94) along with whatever evidence CBP requested you to bring to the deferred inspection. Good luck. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Situations in which spouses are separated in immigration marriage cases usually raise more questions concerning the bona fides of the marriage. That being said, if your husband comes home to you very frequently, you could both say that his residence is in your state. In such case, you should keep documentary evidence of his trips back to you such as bus and train tickets, toll and gas receipts, credit card charges along the way, etc. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

The scenario that you describe is feasible that you can work on OPT for one employer, and if that employer is unwilling to sponsor, another employer can do the sponsoring and you would move on to that employer at some time thereafter, and at the latest 30 days after October 1 if the H-1B is approved prior to that time, or 30 days following the approval of the H-1B if approved after October 1. I do not see that there would be a higher risk of your being petition being rejected or revoked by being sponsored for H-1B by another employer where your present employer is unwilling to sponsor and you will move on to the sponsoring employer. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

  You unfortunately appear to be stuck for now with your unlawful status. Even if you were able to sponsor yourselves through an EB-5 investment program, EB-1C multinational executive or manager petition, or even labor certification/I-140 petition with another employer, you would generally not be allowed to adjust status, and would find that upon leaving the US to interview for an immigrant visa, the 10 year bar against reentry for having an unlawful stay for one year or more in the US would apply to you. In your situation, probably the only way that the 10 year bar could be waived is if you have a US citizen or permanent resident parent and it would cause extreme hardship to him/her if your immigrant visa could not be approved (I-601A program). If your wife has such parents, she might possibly be the principal applicant for immigration if she can prove that denying her an immigrant visa would cause extreme hardship to her parents. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Whether you file the I-485 petitions depends upon your intent and that of your parents. If they wish to return overseas soon, you would file separate I-130 petitions for them, and they would consular process their immigration later on forms DS-260 Application for Immigrant Visa with the National Visa Center after the I-130 petitions are approved, and interview for the immigrant visas at the designated embassy or consulate in their home country. If you and your parents decide that they should remain in the US, you can file concurrent I-130 petitions (one for each parent) along with I-485 applications (again, one for each parent). Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

In your case, unlawful presence only begins 180 days after the I-539 application is denied, assuming that the I-539 was timely filed. If not timely filed, unlawful presence would begin 180 days after the date that you fell out of status. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Applying for citizenship does not mean that your child can automatically attain a citizenship certificate as soon as you obtain yours although he may be able to apply for and obtain a US passport. For a certificate, USCIS requires such children to file form N-600 Application for Certificate of Citizenship after you obtain your citizenship, which is a drawn-out process. If you are concerned about obtaining a certificate for your son, it might be faster for him to file his own N-400 naturalization application as soon as he turns 18 rather than filing an N-600. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

The I-765 employment authorization application is an ancillary application to the I-485 in your situation. It cannot be based upon the I-130 filing. If and when you file the I-485 application, you can file the I-765 EAD application at the same time. For your information, if you are otherwise eligible to adjust status, you can file the I-485 during the time that the I-130 petition is pending. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

USCIS will allow a change of name on its forms where there is a marriage and the marriage certificate is provided. If you are using the new name, you should sign with your new name. You can put your married name on the first page and your maiden name on the second page under "Other Names Used". The rest of the process should be the same as your other DACA renewals. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

From reading your fact situation, it does not appear that you have violated status at any time and that you actually made trips back to the home country during the time that you have been holding F-1 status. You appear to have a position, teaching in the Dallas ISD, that would not generally be subject to question by the US Consulate. As such, barring any unknowns, I would assess your chances of obtaining a visa to reenter the US under H-1B status to be as good as or better than other applicants. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 you are renewing your visa, you should be able to renew without your spouse being present as the American consulate has already granted F-1 and F-2 visas to your spouse and you previously. You are of course subject to all other considerations of nonimmigrant visa renewal including showing that you and your spouse have been maintaining valid F-1/F-2 statuses in the States. On the possibility of renewing the F-2 visa in the US, the current immigration law does not provide for that convenience although such may happen in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

If you marry a US citizen, there is no bar to adjustment of status for overstay. We have successfully adjusted to permanent residence those marrying US citizens who were overstays in the country for years. The main concern is whether the marriage is bona fide. If you are lucky enough to find a position in which you can be sponsored to remain in the US prior to your divorce becoming final, you can apply for a change of status to the eligible category. If you have sufficient means or a financial sponsor, you may decide to attend schooling in the US under a F-1 change of status. You may also check periodically to see whether nationals or residents of your country are eligible for beneficial programs of the US government, such as Temporary Protected Status (TPS) or Deferred Departure. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 upon the purpose of the translation and to whom it will be presented as to whether you are able to have the Lebanese birth certificate translated into Italian and legalized without going to Lebanon. You would have to check the rules of the party to which you wish to have it presented as to what it will accept. Many translation agencies in the US are able to translate Arabic to Italian and to attest before a notary public that the translation is a true translation. Will the party to which you will present the document accept that, or does it insist that the translation be done by or certified by Lebanese government officials? You may wish to check the rules of the receiving party if you have not already done so. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Given your situation, you may consider stopping his immigration case if you have already started it if you believe that your marital situation is hopeless. There would seem to be little point in helping him to attain his dream life in America without you. Then your husband will do whatever he thinks will get him the green card and money anyway. The immigration laws of the US in dealing with marriage related applications contemplate a bona fide marriage in which the couple have every intent of establishing a life for themselves together in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Your mother may apply for Social Security Income as a noncitizen. Whether she will get the benefit will be up to the Social Security Administration. However, she should apply as soon as possible. The forms are available on the SSA website and she can apply online. You will find more information at this link: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ssa.gov/pubs/EN-05-11051.pdf... Read Answer

When you timely apply for an I-90 application to replace your green card, USCIS will give you a receipt that extends the validity of your card. In the event that you did not receive such a receipt, USCIS just announced on 12/14/22 that it is in the process of sending out amended receipt notices automatically extending the validity of the green card of those who file I-90s to 24 months. When you receive the amended receipt notice, you will see that you are authorized to work and travel for 24 months from the expiration date of the green card. With that, you can travel out of the country and safely return. The biometric appointment notice is not a travel document. If you need to urgently travel before receiving the amended receipt notice, you can call the USCIS Contact Center to arrange an infopass at your local USCIS field office which may issue a stamp into your passport allowing the travel. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

The question for an immigration inspector is whether your mother-in-law is able to show that her stay is temporary as she is here under a visitor visa. Trying to make a quick return to the US after being here for six months might cause a problem at the port of entry. After leaving the US, a visitor should stay outside the US for an appreciable period of time before returning. Your mother-in-law may in the alternative file for an extension of stay with USCIS. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

The only time that a US citizen spouse is disqualified from sponsoring a foreign national spouse is if the US citizen spouse has a criminal conviction for violations under the Adam Walsh Act. Basically, if she has committed any sexual offenses against minors (ie children), then she would be prohibited from sponsoring you.... Read Answer

Applying under the three year rule has a higher burden of proof than under the five-year rule. For three year citizenship, you must prove that you have been a green card holder for three years (can apply 90 days in advance of the three years); have been married to a US citizen in marital union constantly without separation for three years; and that the US citizen has been a US citizen for the three years. It is common for naturalization examiners to request proof of joint documentation to show that the couple has lived together constantly. USCIS has given you examples of what it will accept. In our practice, we request clients to have at least three pieces of joint evidence for every year in the three years to prove constant living together. From your fact situation, it appears that you have enough evidence to prove that you and your wife have been constantly living together. A joint bank account is only one example of proof that USCIS can accept. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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