Virginia Immigration Legal Questions

He will likely have difficulty obtaining a visa because he overstayed. Consular officials typically will not issue someone a visa when he/she previously overstayed. They suspect the person has immigrant intent, which this person likely does given the amount of time spent in the United States as well as other factors such as lack of ties to his native country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

You may not work beyond me the date you are authorized. Continuing to work after June 26th would be a status violation. You can only work with valid employment authorization.  Your remaining questions should be directed to your school's DSO. you can read more about student visas at http://myattorneyusa.com/student-visas.... Read Answer

It depends upon the basis of the denial and the exact statute under which you were convicted. As part of the naturalization process, you must establish good moral character during the past years. A conviction during the past five years pretty much prevents you from establishing good moral character. Given your sentence was suspended, the good moral character requirement would run five years from the completion of the sentence. That being said, your conviction could be more serious. Theft is considered a crime involving moral turpitude. This makes inadmissible. There is a petty offense exception but it only applies when certain criteria are met. It is not clear whether the exception would apply to you without knowing he language of the statute for which you were convicted.  I reccime d you take the denials and a certificate of disposition to an attorney before applying again. You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read Answer

The RFE you received should indicate the address to which the Form G-325A and medical examination should be mailed. You need to mail all requested documents at the same time. You should receive a biometrics appointment notice shortly after submitting the RFE response. Contact USCIS by phone if you do not receive a biometrics appointment notice within 30 days. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

This person will likely be detected as they have submitted biometrics. He/she can face allegations of material misrepresentation and/or fraud. This person should consult an attorney before taking any further steps. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.... Read Answer

Without having your refugee travel document in hand, you might certainly have a difficult time at the port of entry. Assuming that you are even able to make it to the port of entry in that the air carrier (if flying in) has allowed you to board, the immigration inspector would certainly place you in secondary inspection and you would likely be stuck there for quite some time while Customs and Border Protection decides what to do with you. Ultimately they may allow you back in, but it may be quite an ordeal for you. I note a 1999 memorandum from legacy INS that a person in your situation is inadmissible and subject to removal proceedings and may not resume status in the U. S. unless he or she applies for and is granted a refugee travel document at a U. S. consulate or port of entry, or is granted parole back into the country. 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

Not necessarily. You my still seek removal of conditions if divorced. You will need to establish your marriage was entered in good faith and simply did not workout. I encourage you to start working with an attorney now. You can read more about removing conditions at http://myattorneyusa.com/removing-conditions-on-permanent-resident-status-derived-from-marriage.... Read Answer

The priority date (or date of submission of the I-130 petition) does not freeze the date of the beneficiary's age in an F-2A case. Neither does an I-130 approval date. The F-2A category has a two-year backlog, and your sister turned the age of 21 one year after the case was submitted. Age is only frozen when the priority date is reached. Credit for age is allowed for the time that the I-130 is pending. Unless the l-130 petition took a year to be approved, she would not be credited with sufficient time to bring her age under the age of 21 when the priority date was reached. However, in the event that there was sufficient crediting of time on the I-130 petition pendency to bring her under the age of 21, she or your parent or your legal representative could request the NVC for consideration of The Child Status Protection Act. 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 appears that the immigration judge was sympathetic in having your husband's case administratively closed until your son reached the age of 21 so that your son could then petition for both of you and the judge would be able to grant some form of relief. The delay in re-calendaring the case is likely because immigration courts these days are tremendously backlogged with hundreds of thousands of cases and the dates for hearing are being scheduled further and further down the road. If your lawyer has not done so, he or she should keep reminding the immigration court of the request to re-calendar your husband's case. Your attorney can also communicate with the ICE attorneys to see whether they can push the court.  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 case was dismissed and then expunged in court, you should still be able to reenter the US under an F-1 visa. Even if you had to have the visa renewed at a US consulate or embassy overseas, you would likely not have a problem as the visa application form asks about arrests and convictions, not citations,  and according to you, you were not arrested or even fingerprinted.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

There is no easy path to a green card. Most individuals obtain a green card either through a family-based or employment-based immigrant visa petition. Once granted residence, you are expected to live in the United States on s permanent basis. You should be spending most of your time in the United States. Otherwise, you risk being found to have abandoned your residence. If you do not wish to be in the United States on a permanent basis, you may want to explore nonimmigrant options such as an E visa. You can read more about immigrant and nonimmigrant visas at http://myattorneyusa.com/immigration-to-the-usa.... Read Answer

Yes. He place of residence matters not. She will have to show (1) she is a USC; (2) your daughter; (3) who can comply with teh support requiremetns financially; (4) and you have been admitted into the USA on a valid qualified visa, even if you later overstayed.  Family Based Immigration... Read Answer

As long as you obtain a masters degree from a recognized US Institute of higher education which is not a for-profit institution, the degree should be recognized for purposes of the US Masters cap.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

You have not specified whether you have a ten or two year green card. My answer assumes you have a ten-year green card. You will still be a resident even if the card expires but you will not have valid proof of residency. You should file Form I-90 to renew your green card or consider filing for naturalization. You can read more about naturalization at http://myattorneyusa.com/citizenship-and-naturalization.... Read Answer

Hello. I can assist you with renouncing your US citizenship however you will no longer be eligible to receive any benefits through Social Security. You can still return to India as a US citizen and remain there for the rest of your life. Please contact my office for a free consultation for additional case specific information.... Read Answer

Removal of the conditions of residence status based upon marriage depends upon your ability to prove a bona fide marriage. If jointly, your wife would have to assist in the process. You may also be able to obtain removal of the conditions if you are divorced and able to prove that your marriage was bona fide in its inception. If you plan to apply to remove conditions in the latter manner, you should ensure that you are able to obtain and take away all documentation proving that you have been living together during the time of your marriage. Sometimes spouses in non-amicable breakups tend to throw away documentation which may help the other party, so you would be best advised to gather whatever documentation that you can and put it in a safe place so that you can later present it to U.S.C.I.S.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