Texas Immigration Legal Questions

The question is whether the EAD associated with the L-2 work authorization will survive a change of status to E-2 and a change back to L-2. My opinion is that it would not as the intervening status would have broken the continuity, and USCIS would likely want a new application. I do note that the EAD would look facially valid to any employer as you would be holding the correct visa status at the later point. 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

Yes, unless you are a US citizen or lawful permanent resident or have employment authorization or are authorized to work under color of law. 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

Although I do not profess to have any knowledge of health insurance law, I believe these matters are a matter of contractual undertaking at the time of signing up or renewal. You may wish to read the terms of your coverage. 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

The filing of an I-130 does not confer legal status on the beneficiary. That being said, the maintenance of status of the parent of a US citizen is not a major concern as this type of application falls within the immediate relative category under which an overstay is largely ignored. In the past, we have had cases in which the parent overstayed by 20 years, but were still able to adjust status through the application of a USC son or daughter over the age of 21. 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

If you apply for your father and he files for an I-485 adjustment of status application, you and he will have to try as best you can to convince USCIS that he entered the US legally. For adjustment of status purposes, an applicant must show that he or she has been inspected and admitted or paroled into the US or that he or she qualifies through §245(i) under which he or she must have been the beneficiary of a labor certification application or immigrant visa petition by April 30, 2001 and have been physically in the US on 12/21/20 (latest iteration of §245(i). 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

The question would appear to be whether your father and stepmother resided together in a marital relationship before you turned the age of 18 which was regarded as a marriage with all rights and privileges as in a regularly celebrated marriage in the country of residence. If so, you might be able to petition for both father and stepmother. If not, you could petition for your father first, and he would immigrate and then petition for his wife under the F-2A category for spouses of permanent residents. As visa availability is open worldwide including the Philippines for persons applying under the F-2A category, your stepmother would likely be here approximately one year after your father’s immigration (all things going well) assuming that visa availability remains the same in the future. 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

The fact that you were given six months of B-2 stay indicates that, CBP while warning you, did not make any special marks against your record. I do not know that you can check this in any way. Your option is to apply for a change of status if you have a good reason for doing so. 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

Yes Alan the family law court may require your wife's ex-husband to sign a consent form that allows the child to travel and live permanently in the United States. I strongly advise you to get counsel to represent you from start to finish to process your Immigration case for your fiance, and your stepson. Counsel anywhere in the United States can represent you.... Read Answer

If your husband was gainfully employed and did not file taxes for the last four years, he is in violation of the tax laws. Without a record of having worked, it would be difficult for your husband to file for you and for you to pass the public charge ground of inadmissibility. If he really wishes to do so, he should consult an accountant or tax lawyer who can advise as to whether he can file late tax returns and the penalties for doing such. 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

The awarding of political asylum depends upon whether an individual can prove past persecution or a well-founded fear of persecution on account of race, religion, political opinion, membership in a social group, or nationality. A person applying for asylum who has been here over one year would have to show changed circumstances. Use of the fake Social Security number is generally not a ground to deny an asylum application although it may be considered a discretionary factor. 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

Under the form instructions, unless the joint sponsor is providing 50% of your support or has placed you as dependent on his or her tax return, you should not list that person as a household member on the I-944. 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 will likely be difficult for you to have your mother come over as a permanent resident. A record of fraud or misrepresentation requires a waiver application based upon extreme hardship to a qualifying relative, and a qualifying relative is restricted to being a US citizen or permanent resident spouse or parent. She cannot waive through you. On the issue of her being caught many times trying to come into the US illegally, she would incur a “permanent” bar in which she would not be allowed to apply for any waiver for 10 years if she stayed in the US illegally for one year total on or after 4/1/97 and then left and tried to enter the country illegally on or after 4/1/97. 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

Proof that your previous marriages were legally terminated is required to submit a petition for a new spouse. You will most likely get a denial or a Request for Evidence (RFE) from the Immigration Service (USCIS) if you do not provide such proof when you petition for your new spouse. If the records cannot be found, you might be able to provide secondary evidence such as a statement from the recordkeeper (Court or Records Office) stating that the records were lost or destroyed and that there is no evidence of such divorce. You may have to get other evidence such as witnesses or a statement from your previous spouse or others to show that the divorce did occur. There is no guarantee that secondary evidence will be acceptable to immigration. Seek the assistance from an attorney that can help you obtain the proof that you are no longer married to your ex-spouse.... Read Answer

In your situation pertaining to applying for a father who has been caught twice by Immigration and has been in the US a long time, it is best that he obtain a copy of his entire immigration file and consult an immigration lawyer for an opinion as to whether his case can be done along with the lawyer explaining all the difficulties involved. 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

An applicant for naturalization must exhibit good moral character which includes telling the truth on a naturalization application. Good moral character is required for the period of residence required to apply for naturalization. In most cases, the time required is five years, and for those married to US citizens and residing together without break, three years. If the juvenile arrest occurred during the period of time required for good moral character, the application will be judged upon the seriousness of the offense; how long ago it occurred; and whether there has been any rehabilitation (if applicable), 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

There is no time restriction on your applying for a green card after obtaining the L-1 approval. Most L-1 visas have dual intent which means that you can intend to immigrate while at the same time maintaining your lawful nonimmigrant status. 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 is our understanding that persons who file for timely B-2 extensions and leave the US while the applications are pending should not suffer any adverse effects when they later attempt to visit the US again. They should also not have their visas canceled as long as their applications were nonfrivolous. From the fact that you have presented, it appears clear that your parents’requests for extension were not frivolous. 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

Assuming that the I-485 application is still pending at the time that you withdraw the I-130 petition, your husband would no longer have a basis to immigrate based upon his relationship to you. USCIS would not deport such a person immediately – it would in all probability refer his case to the immigration court. Because of the backlog in the courts, he could conceivably remain in the US for years if he has any defenses or reliefs that he can present to the immigration judge. 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

  You actually have the best of all possible worlds in that you can request a free name change in the N-400 naturalization process. When you are interviewed, you can discuss your wish to change your last name with the naturalization examiner if you are married by that time. 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