Virginia Immigration Legal Questions

The incident from 1995 needs to be analyzed to determine if: 1)  It creates any inadmissibility problems; 2)  It creates any removability problems. It is odd to renew your green card and suddenly have this issue arise when reentering the U.S. The incident from '95 needs to be reviewed, as well as what happened when your green card was taken away.  It may have been an error by CBP that needs to be rectified. You should contact an attorney with experience with border issues and dealing with CBP on these issues. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer

Your stepmother can petition for you if she and your father married before you turned 18. However, the processing times will be about 7 years anyway before you can obtain an immigrant visa, given the backlog in priority dates. It would be even longer if your father petitioned for you (8 years). And during this time, you cannot be in the US unless you can do so through another non immigrant visa status. 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

There are several ways to proceed, each of which has different advantages and different processing times, but generally it takes around a year.  He can apply for a SSN once he has a work permit, which is issued about 30-90 days after applying once he is here in the US.  Consult an attorney to find out the best way for you to proceed.... Read Answer

A standard requirement is that the parties to a fiancee K-1 case must have met within the past two years for the I-129F Petition for Alien Fiancé(e) to be approved. 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 sounds like you are thinking of applying for the K1 visa.  This is a one-time entry visa only.  She cannot come and go as you suggest.  She would have to marry you within 90 days of the first and only entry on a K1 visa.  You should not file for the K-1 until you are ready to marry.  However, if you wait more than two years after you met in person, you will have to "meet" again in person so that you satisfy the two-year meeting requirement.  The best way to continue to see each other in the mean time is to use tourist visas.... Read Answer

If your income can be reflected on your tax return, that is the best way to prove the necessary level of support.  Otherwise, a letter from your employer and any documentation they can provide would be needed.  Of course, you could also find a second (joint) sponsor to make up any difference in your income and the level required.... Read Answer

The short answer is "no."  Unless he can get his conviction set-aside or altered to the point it no longer qualifies as an "aggravated felony," he is permanently bared from returning to the US, and even then, additional and uncertain immigration action would be required.  All of this would be quite expensive.  You can start by locating an attorney in VA that specializes in post-conviction relief and get his or her opinion about the likelihood of success in attacking the conviction.... Read Answer

The DREAM Act Deferred Action does not grant someone a legal immigration status and is not a path to a green card or U.S. citizenship. However, your friend should contact a good, knowledgeable, immigration attorney who can screen the facts in her case to see if she is eligible for any immigration benefits.   Karen Weinstock Siskind Susser, P.C.... Read Answer

Thank you for your inquiry about your wife.  I am sure the current situation is quite stressful for the both of you. If your wife last entered the U.S. with inspection under the visa waiver program but is now an overstay, she may be able to file for and obtain her green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this may not the case if you are applying for permanent resident status based on marriage to a U.S. citizen.  She may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  There are two key issues that need to be reviewed and addressed in her case.  One is to ensure there is no intent problem.  CIS could question her intent when she entered as a visitor but would be now staying permanently to apply for a green card.  CIS may question whether she had a permanent intent when she entered as  a visitor. The second issue has to do with applying for a green card based on marriage after her visa waiver time has expired.  These types of cases have received inconsistent treatment and some CIS offices have approved while others denied.  The issue should be resolved as all CIS offices have been instructed to adjudicate I-485 applications filed by immediate relatives who last entered the U.S. under the Visa Waiver Program (VWP) and overstayed on their merits UNLESS the potential beneficiary is the subject of an INA section 217 removal order.  I have a guidance memo from CIS that I can provide you that deals directly with this issue. Overall it may be possible to pursue a green card for your wife from within the U.S., but the case should be reviewed by an immigration attorney experienced in these types of matters.  You should consider initially consulting with an attorney with experience in these matters to fully understand how to properly proceed for your wife. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com      ... Read Answer

Hi. This will depend on how you got the EAD. If it is employment based, you can still switch jobs, if the new company is taking over the sponsorship. However, this can only be done if it has been 6 months since the filing of the I-485 (not the EAD). The new job must be similar and there are specific rules for that. Feel free to email or call with more details. Harun@ksvisalaw.com    ... Read Answer

Hello,   You may wish to visit the U.S.C.I.S website at USCIS.gov and look for the Affidavit of Support form I-864 there. This form has instruction sheets which list the poverty guidelines and the required income level and should provide you with the information that you seek about your income and assets. If your income meets the required poverty guideline for your household you would be able to sponsor your fiance even without assets. Good luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read Answer

Hello, From your question it is not clear if you ever voted. You would not be guilty of an aggravated felony if you were never convicted of a crime. However voting when you are not a U.S. citizen may have negative consequences on your immigration status in the U.S. Therefore, you should consult with a local immigration attorney in your city and provide him or her with details about your voter registration and current immigration status. Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen Emenike, Attorney at Law www.emenikelaw.com http://legaldoreen.blogspot.com/ http://twitter.com/#!/LegalDoreen... Read Answer

I cannot answer that question completely without knowing how the person entered the US. However, assuming the person entered lawfully and is not limited in their ability to adjust status, the process involves fling the I-130 and I-485 with all required supporting forms and documents at the National Benefits Center in Chicago. The process is explained in detail at the USCIS website, which is www.uscis.gov. Once all forms and documents are properly received, the person will be fingerprinted. Some time after the fingerprint appointment, the applicant will receive the work permit. The time it takes to receive the initial work permit will depend on where the applicant lives, but generally it takes about 60 days to receive it.... Read Answer

There is a lot of helpful information located on the USCIS and State Department website. (http://www.uscis.gov/i-130 and http://travel.state.gov/visa/immigrants/types/types_2991.html). You will first file the I-130. After about 5 months, assuming it is approved, it will then be sent to the National Visa Center for the gathering of fees, forms and documents. Once that review is complete, your husband will be scheduled for an interview at the U.S. Consulate in Dar es Salaam. Generally from the filing of the I-130 until the interview is scheduled is about 10 months.... Read Answer

I would not approach your question this way. In my mind, the question first of all is how did you pay for the calls? If you have clear paper records showing that you called the person overseas, there is no need to subpoena the telephone company to get the records. By clear paper records, I mean that you called direct from either a land line or a cell phone, os used a service that can produce a log of all phone calls from you to the person overseas (e.g. www.onesuite.com). If, however, you used phone cards, then there is probably no record of the calls you have made. It is almost impossible to obtain records of calls made using phone cards. I have never tried to subpoena records in such situations, but I suspect it would be so cost prohibitive as to not be worthwhile. ... Read Answer

Hello, One of the requirements of having legal permanent residency status (or green cards) in the U.S. is that you are expected to live here permanently. Since the U.S. embassy took the resident alien cards away, the only way to get legal resident status is to apply once again. Your father can contact the embassy and see if they will re-issue a Special Immigrant Visa to him. Otherwise you will have to see if you personally meet the requirements to apply for legal permanent resident status, and then start the process again.... Read Answer

First it must be determined whether you are subject to the two year home residency requirement based on your previous J-1 status.  It does not sound like the two year home residency requirement applies if you changed from J-1 to B-2 from within the U.S., but that issue should be reviewed. In most cases, unless you wish to purchase an existing business or invest and start a new business (you could qualify for an E-2 visa if you are from an E-2 eligible country), you will need a job offer for a U.S. entity in order to obtain non-immigrant employment status.  In many cases, the applicable non-immigrant option is the H-1B.  See: http://srwlawyers.com/h-1b-visa/ H-1B Cap One important feature of the H-1B category is that CIS is only allowed to approve a certain number of new initial H-1B filings each fiscal year.  This number is generally known as the H-1B cap. The word "Cap" refers to annual numerical limitations set by Congress on the numbers of H-1B workers authorized to be approved.  The current annual cap on the H-1B category is 65,000. (It is technically closer to 58,000 based on H-1B numbers that are set aside for Chile and Singapore based on free trade agreements.) H-1B numbers have been used up for this fiscal year. Unless the proposed employer is H-1B cap exempt, an initial H-1B filing for someone could not be filed until April 1, 2012 request a start date of October 1, 2012.  See: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  ... Read Answer