Texas Immigration Legal Questions

  U.S.C.I.S. will normally allow an I-485 to be filed with the receipt of an I-130 where the I-130 has not yet been approved when there is visa availability. The difference in your case is that the I-130 has already been approved. Although these are uncertain times, I believe that a reasonable U.S.C.I.S. clerk/officer should allow the filing. You may wish to attach a letter explaining what happened to the approval of the I-130. 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 she obtains a tourist visa at the foreign consulate to visit you, you can then meet the face to face requirements. After she returns to her country then you can apply for a fiancé visa and after you get married she can adjust status here stateside to get her green card. Counsel anywhere in the USA can represent you for the lifetime of the case. ... Read Answer

  The H1B petition is in two parts if an individual is asking for change of status – one part that adjudicates whether the position a specialized and that you qualify, and the second whether you are deserving of a change of status. A crime would have no effect upon the first part of the adjudication, but could affect change of status or visa application at a consulate or embassy. That being said, a simple DWI should not prevent a change of status in my opinion whether with a conviction or if still pending at the time of adjudication. I note that U.S.C.I.S. just came out with guidance on DWI's as a basis for a finding of lack of good moral character for naturalization purposes if there are two in the statutory period of residence required for becoming a citizen. 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

  Your fact situation does not give enough information for effective advice. Most options deal with change of nonimmigrant status, or eligibility for family-based or employment-based immigration. I suggest that you make an appointment with an immigration lawyer to go over your options.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

  Unless you have a bar to return to the United States such as crimes or misrepresentation, you would be eligible to apply for a visa to reenter the US. If applying for a visitors visa, the US consular officer would attempt to determine whether you have an intention to return to Kenya after the date of your visit is over. You should be prepared to present whatever evidence that you can collect of your ties and bonds with the home country to assure the consular officer of your intent to return.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

  Congratulations on having gone through a very quick procedure from the date of I-140 approval to obtaining your green card. It appears that an employer is allowed to revoke an I-140 petition for a period of six months after approval. You may wish to stay with the employer until at least that period of time has elapsed. You should also be aware that leaving the employer as soon as you receive your green card may cause revocation of the card as an alien immigrating through an employer must intend to stay with the employer after obtaining the card. Although there is no set rule, our general advice is that aliens should remain with the sponsoring employer for at least six months after obtaining 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 Answer

  The issue of taking public benefits is not addressed in the naturalization application process at this time. I do note that unemployment benefits are not considered means tested public benefits, and so they would not be considered even if the naturalization process later included consideration of the taking of means tested benefits. 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 your fiancé is a US citizen, he or she can file a K-1 fiancé petition on your behalf. When you come to the US, you would marry within 90 days and apply for an adjustment of status through form I-485 and an employment authorization application through form I-765. If you would like to otherwise obtain a work visa or a visitors visa/work visa while here, you should consult with an immigration lawyer to go over your options. 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

  U.S.C.I.S. allows extensions through the filing of form I-539 and approval or denial of any extension request is within the discretion of the agency. It looks at whether there is good reason for extension, whether the applicant can sustain himself or herself during the period of time without having to work, and if the applicant has sufficient ties and bonds with the home country to ensure return at the end of the requested stay. I imagine that if the request to stay was tied in with the present pandemic, U.S.C.I.S. would be more inclined to grant than to deny. 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

  As you have already filed an I-1130 petition, you should also file the I-485 application for adjustment of status if you have not already done so. You should attach a copy of the receipt of I-130 filing to the I-485 application so that U.S.C.I.S. is aware that there is a pending I-130 petition. Upon the filing of the I-485, your mother would be in a state of grace with U.S.C.I.S. in which she would be allowed to stay during the pendency of the application. 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

  When you file form I-944, the numbering of people in the household should depend upon present and not future circumstances. Please also note that there is a limitation to the type of individuals who can be listed as members of your household. Persons who are not part of your immediate family include any other individuals (including a spouse not physically residing with you) to whom you provide, or are required to provide, at least 50 percent of the individual’s financial support, or who are listed as a dependent on your federal income tax return; and any individual who provides to you at least 50 percent of your financial support, or who lists you as a dependent on his or her federal income tax return.  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 have a US passport, that document would be good enough for you to petition for your family members. If not, you would have to apply for a replacement certificate on form I-565 application to replace naturalization/citizenship certificate. 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 there are income requirements. If you do not make the minimum level of income to sponsor your spouse then you can engage a joint financial sponsor who can. Your foreign born spouse's income can only be used if he is legally allowed to work in the US. As of February 24 of this year a brand new form also needs to be completed. This is the declaration of self sufficiency and requires very detailed information about income assets etc. Consider working with counsel. Counsel anywhere in the USA can represent you and some of us are charge a very affordable flat fee.... Read Answer

Having a copy of an I-130 petition is not a requirement for a visa interview. Applicants may wish to have a copy of it just so that they can have a complete copy of their files, but the US consulate or embassy has the entire petition file which was forwarded to it by U.S.C.I.S. through the National Visa Center. 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 may be a risk to renew the green card, and you should consult with an immigration lawyer to go over your entire situation for all the options available if a problem arises. Generally speaking, forgery is a crime involving moral turpitude. In your case, dependent upon whether there was financial loss exceeding $10,000, it could possibly be deemed an aggravated felony. 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

As a US citizen applying for a married son or daughter, your case falls under the F-3 category which currently has a backlog date of December 15, 2007 for the month of March 2020 for natives of all countries except for Mexico and the Philippines which must wait longer. Assuming that you are not born in Mexico or the Philippines, the waiting time is approximately 12 years at present. 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 F-2A category for a lawful permanent resident sponsoring a spouse is current at the present time, and so there is a good chance that your sister-in-law will obtain her interview and immigrant visa before the baby is born. If the baby is born in Pakistan before your sister-in-law obtains the immigrant visa, actions to be done depend upon at what stage of the processing the case is in. If the approved petition is with the National Visa Center (halfway house between U.S.C.I.S. and the consulate in Islamabad), the baby can be added in the processing there. If the case has advanced from the National Visa Center to the embassy, the baby can be added there. If your sister-in-law already has the immigrant visa, she is allowed to bring the baby with her to the US on her first trip to this country. She would have to bring proof of the child's birth. 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

US immigration law will consider valid any marriage consumatted in a foreign country as long as that foreign marriage is valid where performed, with the possible exception of incestuous marriages, between family members (ie, first cousin, Uncle Niece, Aunt nephew, etc etc). Consider working with an attorney to maximize your chances of a succesful application. Commencing February 24th, the new public charge rules go into effect, that require the intending immigrant to file numerous forms which evidence his/her financial self sufficency. Counsel anywhere in the US can represent you. Some of us charge a very affordable flat fee. ... Read Answer