Utah Immigration Legal Questions

No, it should not. The employer can petition for you on the basis of the valid job offer. If it is for a H-1B application, that is a dual intent visa so it should not be impacted by the I-130. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

So, submit proof, if there is any, that it is legal for first cousins to marry in Virginia (it is probably not). If it is not, then you cannot enter into a legal marriage and, therefore, the fiance visa petition will not be approved. If there is another state where you are able to marry a first cousin and you have some ability to marry in that state, then show proof of that.... Read Answer

You are now out of status and accruing unlawful presence. Unfortunately, once you are unlawfully present for 180 days, if you depart the US, you will be barred from reentry for 3 years; if you are unlawfully present for 1 years, if you depart, you will be barred for 10 years from reentering. The fact that your mother petitioned for you through the I-130 is good but even when the priority date becomes current for that application and you would be eligible for a green card, you will not be able to get it because you are in the US unlawfully. Your only recourse for legalizing your status within the US once you are unlawfully present is through a bona fide marriage to a US citizen. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.... Read Answer

Yes, it is likely the person you mentioned may be deported from the United States. I hasten to correct your belief that the charges were dismissed. For immigration purposes, a defendant has been convicted, if such person was either ordered to pay a fine; do community service or made to do probation So, if the court ordered the defendant to do anyone or more of these conviction, the charges were not dismissed, the person is not found innocent but is instead guilty. If the charges were dismissed as you suggested, none of these would have occurred. Now, depending on exactly what the person was convicted or pled, to, it may or may not be a deportable crime. But even if the person was not found guilty, if the person was out of status, that is enough for DHS to seek to deport the person as an overstay.Also, if the person is in legal status, a criminal conviction will justify DHS' decision to revoke the visa. Also, if as it appears here, the person was convicted of a deportable offense, then,it is an additional reason to seek his deportation. With regards to your final question, I strongly suggest that you advise the person to consult with an experienced immigration attorney because, how the immigration case ends, will determine if and how the person can remain in the US or be allowed to come back to the US.... Read Answer

A disorderly conduct conviction is not a basis for denial of your N-400 naturalization application since it is neither a felony nor a crime of moral turpitude. But, a shoplifting conviction is most likely result in finding of lack of good moral character because, such conviction is almost invariably a crime of moral turpitude. The dilemma in your case is that a naturalization examiner may ask you under oath about the incident. If DHS finds from your explanation that you committed the essential elements of a crime involving moral turpitude, then, your N-400 application may still be denied.... Read Answer

The new organization can hire you and file an R-1 application for you. The new organization can then also file an application for permanent resident for you. The other way is for the new organization to file the I-360 petition for you, and then once that is approved, you can file your greencard application. However, I would think that once some other organization files a petition for you, your current employer may let you go, and that's why it might be better to do an R-1 with the new organization first.... Read Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is possibly. I strongly suggest that you contact an criminal defense attorney experienced in post-conviction relief for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.... Read Answer

Honestly, you need to speak to an immigration attorney before you file for DACA. Here is why, even if you are otherwise qualified for DACA, your criminal past may be a bar to getting DACA which denies relief if you have been convicted of (a) One felony (b) Three or more misdemeanors) or (c) any offense that is a significant misdemeanor. A second degree assault strikes me as a felony or at least a significant misdemeanor, if you had 18 months probation. I hasten to correct your view that your case was dismissed. It does not if the court imposed 18 months probation. Next, even if you had juvenile disposition, DHS would nonetheless count it as a negative discretionary factor. I am therefore going to suggest that you should consult with an experienced immigration lawyer before you file anything.... Read Answer

I think you are confusing citizenship with permanent residence (green card holder).  Before becoming a citizen, one has to have been a permanent resident.  Your brother can petition for your mother to become a permanent resident.  After your mother becomes a permanent resident, she can file for citizenship once five years have passed.  If your mother was deported, she may have difficulting getting permanent resident status depending on her situation.  It take about a year for a normal I-130 petition to be approved, but if your mother needs a waiver, it could take longer.... Read Answer

Most individuals who are unable to adjust status in the States, especially those who came in illegally, are being afforded relief through the Obama administration's I- 601A provisional waiver program which will begin accepting applications on March 4, 2013. The waiver program is for those who are excludable from the States because of their illegal stays for 180 days or one year which bar them from reentering the country for 3 years or 10 years respectively once they leave. Applicants must be immediate relatives of US citizens (parent, spouse, or child under the age of 21 and unmarried). A further restriction on children is that they must be at least 17 years of age to apply. Applicants  must be able to demonstrate in a waiver application that their permanent departure from the States would cause extreme hardship to a US citizen spouse or parent. Under pre-I-601A  law, individuals unable to adjust status in the US who chose to consular process their cases would first file form I-130 alien relative petition, and upon approval, consular process their cases overseas at which interview they would be refused immigrant visas and informed of their ability to file waiver applications. During the pendency of the waivers, they would have to remain outside the U. S. in a constant state of anxiety caused by uncertainty as to the result and the length of time that the waiver application would take to be adjudicated. The I-601A provisional waiver application allows applicants to remain in the States during the time of the adjudication and to go overseas to attend an immigrant visa appointment only if the waiver is approved.  ... Read Answer