Virginia Immigration Legal Questions

It would appear that the child is protected under the CSPA as his age was “frozen” at the time that the priority date became current which would appear from your set of facts to have been in September 2022. He also sought to acquire his immigrant status by his having filed the I-485 application in the same month. Alternate options would not appear to be necessary. 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 coming to the US, you are making a representation that you are a temporary visitor. Bringing your US citizen child with you may raise doubts on whether you have the requisite nonimmigrant intent. Under the Trump administration, inspections at airports by CBP are becoming more rigorous, and there is the chance of being turned away. A number of individuals have also been detained for days and weeks. A US citizen minor child does not afford any protection against removal. Assuming that you are married to the US citizen, you can be sponsored even if you are overseas. At the end of the process, you would apply for an immigrant visa after interview at the American Consulate or Embassy, a process which is taking approximately two years. USCIS and the consular officer will look at the circumstances of your marriage to ensure that you still both intend to engage in a life together. 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

This appears to be a confusing question as no one is designated as head of household where there is a jointly filed tax return. Perhaps the correct answer is the individual who is making the most declared income or the individual whose name appears first in the joint filed tax return. 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

Hello, Need more information, you mentioned that you are currently on EB-2 so I-140 was approved? Having an approved EB-2 without you adjusting does not automatically keep you in "status". You did not mention your priority date, what your home country is. Let's assume your priority date is current the you should be able to apply for your Green Card. I strongly recommend you have a true Legal Strategy Session with an immigration attorney to go through your immigration history, current status, potential risks etc.... Read Answer

You appear to be eligible to sponsor your parents assuming that they have no inadmissibility issues such as crimes, fraud, etc. On the question of financial sponsorship for your parents, there is a possibility that they may be able to financially support themselves on your I-864 affidavit of support under two scenarios and one in which they can sponsor themselves: 1.) The law appears to allow nonresidents who have income from a legal source to use that income on the petitioner's I-864 as long as there is the expectation that that income will continue after obtaining permanent residence – here, the TPS status with attendant work authorization would perhaps satisfy this scenario. 2.) The assets of persons without status can be put down on your I-864 to bolster the amount of income/assets that you have in support of the I-864. 3.) Persons without status who have earned income on a certain level for 10 years in the US can sponsor themselves through the new 10/24/24 form I-485 (page 8 part 3) which will become mandatory on February 10, 2025. The old I-864W which used to self-sponsor is being discontinued. Kindly note that as you are sponsoring each parent under the immediate relative category, each parent must qualify separately under his and her own set of circumstances under any of these scenarios. 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 the H-4 application was receipted, that means that the application will begin to go through processing, and there is a good likelihood that the I-765 will not be adjudicated with the H-4 since they are now separated. The best that you can do in my opinion is to send the I-765 application back in ASAP with a copy of the H-4 receipt notice and complete documentation. I say complete documentation because some individuals only submit one document to cover both applications, but these are separate applications requiring separate sets of documentation. Please read the instructions 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

In a shoplifting situation for naturalization, USCIS asks for final disposition and the arrest record. I note that some officers may be satisfied with a certified copy of the final disposition. 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

Generally speaking, individuals cannot change their names legally in the US without going through a state court proceeding or as part of the naturalization process. That being said, USCIS has also said that it will allow an applicant to use and put the spouse’s last name as the applicant’s last name in a marriage based case. I do not know whether it will work, but if you are in a marriage-based immigration case, you may try by keeping your first name as your first name and your husband’s last name as your last name. Under other names used, you should put down the name as stated on your US nonimmigrant visa papers. 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 brother-in-law taking financial assistance from the government for an emergency appendectomy will have no effect upon an application for political asylum. While an individual or individuals giving an I-134 affidavit of support have agreed to cover expenses by the parolee, there is currently very little enforcement to recoup monies back from an I-134 sponsor given the time and money required to pursue the affiants along with the political unpopularity of doing 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

Everyone is unfortunately in the same boat and visa availability dates cannot be advanced for any one person or groups of people. Currently visa availability under the final action dates chart of the visa bulletin for the month of March 2023 is open for those who filed petitions prior to March 22, 2007, except for those born in India and Mexico, who must wait longer. 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 is possible, but odds are not in your favor, and the decision on whether to issue F-1 visas would be in the discretion of the consular officer. There is a presumption that the daughters are intending to immigrate, and that is a significant blockage to approval of such visas, especially as the length of time required for them to immigrate is not long as, for example, in the case of sibling petitions where the waiting time is approximately 15 years and consular officers are generally willing to give nonimmigrant visas during the pendency of the cases. Good luck if you decide to move forward! 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

Typically, jurisdiction will not lie for a divorce action unless one or both of the parties have resided in that state for six months. You should contact an attorney in your previous state about the possibility of commencing action there presently. It would depend on the law of that jurisdiction. As far as your immigration case, if it's still pending adjustment of status, you should contact Uscis and tell them that you are canceling your sponsorship. If your husband already has his green card, then if he has a two-year card, there will be a second interview, but if he has a 10 year card then it's going to be very difficult to revoke that based upon your allegations of marriage fraud. ... Read Answer

If the notation of resident status on the I-751 receipt is close to expiration, the recommended path is to communicate with the USCIS Contact Center and arrange an infopass with the local USCIS field office so that you can present your passport and receive an I-551 ADIT stamp continuing your resident status during the time that USCIS is adjudicating your I-751 petition. USCIS will generally not expedite an application or petition on the basis that the individual status is expiring, especially where there is another path. 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

Each of the service centers of USCIS have their own processing times. The estimated range from the Texas service center means that it may take up to 10 months for the I-130 to be processed. After approval, I-130 petitions are expeditiously sent to the National Visa Center within days. After receipt by the NVC, you and your wife would send the NVC documents and when the documentation process is complete, the NVC will work with the US embassy or consulate to schedule an interview for your wife in Nigeria. On visiting during this period of time, your wife should ensure that she tells the truth about the pending petition and does not commit fraud or misrepresentation in either obtaining a visa (if needed) or speaking with a US immigration officer at the port of entry. 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 appear to be qualified for automatic US citizenship if you were in the legal and physical custody of your father after coming to the US and before the age of 18. In such case, you should be able to file Form N-600 Application for Certificate of Citizenship to USCIS with the filing fee of $1170. You can apply online by creating an online account with USCIS or send by paper to the Phoenix lockbox of USCIS. The address of the lockbox is: U.S. Postal Service (USPS): USCIS P.O. Box 20100 Phoenix, AZ 85036 FedEx, UPS, and DHL deliveries: USCIS Attn: Form N-600 1820 E. Skyharbor Circle S Suite 100 Phoenix, AZ 85034-4850 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

The Department of State has expanded the lock box program to allow discretionary waivers for even first-time applicants who have had a petition approved by USCIS, who are applying for a visa in their country of nationality or residence, who were previously issued any type of visa, and have never been refused a visa unless the visa refuse or was overcome or waived, and who have no apparent ineligibility or potential ineligibility. Please note, however, that the waiver of in person interview is discretionary and that the consular post may still request an interview. Otherwise, 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

The difficulty is that the EAD use is inconsistent with F-1 status, and USCIS would consider you out of status if you only had to rely upon the F-1 to stay legally in the US and it knew of your use of the EAD. If your green card application is denied and your F-1 status terminated, you would have the right to see the immigration judge although the timing of hearings is difficult these days because of the pandemic. I also note that under the Biden administration, your type of case would not be considered a priority for removal, and so you may not receive a notice to go to immigration court even if you wanted to do 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

Even if you never worked in the United States and never filled out a tax return, you would still have to supply your I-864 affidavit of support in addition to having a bona fide and credible financial joint sponsor who can provide the financial support for your family. The financial sponsor would have to fill out another I-864 affidavit of support form and supply materials such as tax returns for the past three years, current job letter, payslips, and record of assets if he or she wishes them to be considered as part of the financial support. 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

I assume that you are over the age of 21. The best way to have your parents and your 17-year-old brother over is to first sponsor your parents, and once they are here, they should immediately sponsor your brother. If all goes well, everyone should be here within 2-3 years. 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

Having had an F-1 EAD does not mean that you are filing for renewal when you next file for an H-4 EAD. You should say that you are filing for permission to accept initial employment. 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