Texas Immigration Legal Questions

As an L-1 A manager or executive, it is apparent that you have skills that could be used by organizations in the United States other than your present employer. Perhaps one of them could begin sponsoring you for permanent residence under a PERM labor certification while at the same time trying to get you on board through H-1B specialty occupation visa or some other means if it wishes you to work sooner. I cannot tell you all of your other options as I do not know your situation, but waiting on your sister's petition for you will take approximately another 10 years under the current backlog. During that time, you are not allowed to remain nor work in the US just because your sister has petitioned for you. 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

If you self-sponsored yourself under EB-1 as an extraordinary alien, changing jobs would have no effect on your green card. Otherwise you have represented to U.S.C.I.S. that you have a permanent job offer and so moving so quickly after obtaining your permanent residence could bring questions if someone informs the government about your fast move or you decide to apply for citizenship later.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 can sponsor her for a fiancé visa. That does require you to have met her within the last two years. A hardship waiver is not going to be available based on your facts. Once the k visa is available, she enters the country where you have 90 days to get married. After that , she can immediately file to adjust her status to obtain her green card. Counsel anywhere in the USA can represent you. ... Read More

An A-1 visa is for an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized by the United States and the members of that person's own family. These visas are largely controlled by the Department of State, and although we are not very familiar with diplomatic visas and their workings, I assume that the principles of diplomatic immunity would work to allow such an accredited individual to enter the US upon receiving the visa. The US could return the individual on the basis of being persona non grata, but that would be a further situation. 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

The question of probation is likely not determinative as the green card renewal process is not regarded as an application for the green card by a nonresident alien. The question is whether the plea bargain that you took would make you removable from the United States, and whether there are any reliefs that you could seek if the government decided to begin proceedings against you. You may wish to make an appointment with an immigration lawyer who is versed in the effects of criminal offenses on immigration status before applying for a renewal of the green card. 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

Dounbtful, because of the issue of  intent.. The Visa waiver program is a temporary entry permit. You state that Your wife and stepchild are coming here to live with you, not to visit, so the Port of Entry officer would be concerened about this. You should discuss all your options with counsel to assist you. ... Read More

Unfortunately U.S.C.I.S. does not allow the cancellation of a student's current OPT unless it is notified of the wish to cancel prior to the OPT going into effect. From your question, it appears that the OPT has already gone into effect. If you do not work according to the OPT grant, you will be considered out of status if the time without work is more than 90 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

Roads through you or your parents would take many years. If your sister has a degree and your family or friends are able to have a US organization become interested in her skills, she might be a candidate for employment-based immigration. Unless she is from India, the process would be quicker if successful. 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 brother can petition for you, but there are two obstacles. The first is that the application would take approximately 13 years before the priority date became current and the second is that you would not be eligible for adjustment of status under current law unless you have the benefit of section 245 (i) under which you would have had to be the beneficiary of a visa petition or labor certification application filed by April 30, 2001 and been present in the US on December 21, 2000. Of course, much can happen in 13 years including many changes 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 More

Passing immigration checkpoints with only an EAD card and a Texas ID may be tempting fate. Border patrol officers sometimes have a different idea from USCIS officers concerning the worth of an EAD card and whether persons are amenable to removal proceedings despite having one. 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

It is not a good idea to travel across immigration checkpoints when you have an adjustment of status application pending and no independent valid nonimmigrant status. Border patrol officers sometime think a little differently from U.S.C.I.S. as to whether an individual is amenable to removal proceedings under the above situation. 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

There is no fixed date that an individual has to wait to remarry and sponsor a new spouse for immigration. However, U.S.C.I.S. will examine each case to see whether it believes that the marriage is bona fide.The penalties for marriage in which individuals are marrying for-profit or even to do a favor for the other party are $250,000 and/or five years in a federal prison for both parties where fraud is proven. 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

Immigration bonds generally do not work in the same way as regular bail bonds. The Department of Homeland Security demands 100% of the amount for release, and most companies that offer immigration bonds do not want just 10%. They want either the total amount or a large percentage and readily converted collateral for the rest. 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

Whether a previous probation will affect you in obtaining a replacement green card may depend upon the underlying offense. If such was a crime involving moral turpitude, such could impact your right to permanent residence. You may wish to speak to a lawyer versed in immigration law about your situation. I note that we have heard reports in the past that some people who filed for replacement green cards and received a request for further evidence concerning the offense successfully withdrew their applications without consequence. 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

It’s possible if you two get engaged and both apply for an I-129F petition, which is a fiancé visa (non immigrant visa). Other than that, it would be quite difficult to get him here without the proper paperwork. If he has family in the US, they can always sponsor him, however, that’s a lengthy process and might take some time before you see your significant other, unless you visit them. ... Read More

If you have a valid H1 extension pending, you are allowed to continue working for another 240 days past the date of the H1 expiration. During that time, you can continue to work even if you have filed for a change of status to L-2.  I would hope that U.S.C.I.S. will adjudicate your change of status application within the 240 days. Once the change of status is approved, your work authorization under H1 would have to end. 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

For your purposes, unlawful presence would start 60 days after the date of your project ending. Persons on H-1B visas are given a 60 day grace period when their employment ends before the ending date of their H-1B statuses. I do not believe that staying for 2 to 3 weeks after the job ends would have any effect upon a consular interview for a dependent visa stamping. 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

If your boyfriend wishes to do so, he can apply for a visitors visa to come to the US to visit for short periods of time. That can be done immediately.  The issuance of it is in the discretion of an American consular officer. If you are contemplating that he will stay in the US for longer than short periods of visit, you would have to wait until he goes through the process of applying for a student visa, which is again issued in the discretion of a consular officer. If you are thinking marriage, you might apply for him under either K-1 fiancé petition or, if you marry him in Mexico, directly for his residence status.  Those are longer processes.  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