Virginia Immigration Legal Questions

Hello,   It sounds like you have a 'permanent' green card which you got through your husband's employment because you were his dependent. If that is the case your divorce will not affect your green card. It is important to speak to an experienced immigration lawyer about your particular situation and give them details that you may not be able to provide on the internet. You can find for one in your local city or arrange to have a telephone consultation with an attorney in any city in the U.S. Good Luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer

I assume that you paid the $1000 in connection with establishing your ability to adjust status under §245 (i) as that is the only provision in the adjustment process with such a fee. That provision allows adjustment of status to an otherwise ineligible alien as long as that person is able to establish that he or she had a labor certification application or immigrant visa petition pending by April 30, 2001, and was physically present in the U. S. on December 21, 2000. Unfortunately you will have to pay the amount again as the $1000 is not reusable.The only way to avoid repaying the fee would be as part of a request for a fee waiver and the filing of Form I-912.  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

Hello, It depends. If this name is used on employment records or certificates, then it is a good idea to include it. There is no harm by including it. Good Luck. Disclaimer: The information above is of a general nature and is not, nor is it intended to be legal advice. For specific legal advice about your situation, please speak to your immigration attorney. ... Read Answer

As long as the J-1 sponsoring organization is willing to extend your J-1 stay, such should not have any negative impact on your I-485 filing. If the subject ever comes up, you can always argue that you had every intention of leaving the country in accordance with your J status if your NIW/I-485 application was denied. A possible problem could arise if you are subject to a two-year foreign residence requirement by your J visa and obtained a waiver. Then if you extended your J status, you would likely have put yourself back under the two-year foreign residence requirement. 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 you are currently 15 years old and came back to the U. S. when you were 7, that means that you reentered the U. S. in 2007, 8 years ago. If you managed to reenter by June 15, 2007, you may be eligible for Deferred Action for Childhood Arrivals (DACA) since you are presently going to school and never left the U. S. I assume that you are crime free or have not committed a felony, 3 misdemeanors or a significant misdemeanor. Under the DACA program, you would be allowed a two-year period of time to stay in the U. S. with employment authorization. The program could be extended by the next president. If you do not qualify for DACA, you may be eligible for the expanded version of DACA which is currently being litigated in the courts. If it is finally approved, you will only need to have entered the U. S. by the age of 16 and to have resided here continuously since January 1, 2010. 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

Hello, We would need more information so that we can answer your question fully. Are you a US citizen? Or a legal permanent resident? Did your son enter the US legally? This information is needed to determine what your son would need to do. If you are a US citizen and your son entered the US. legally, you can apply for his green card and he can receive it within one year. You should speak to an attorney in your local city and give them more information so that they can let you know the best way to move forward. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.    ... Read Answer

Hello, It is faster to get a green card if your spouse is a U.S. citizen as you can file for the green card immediately. It may be a good idea for your boyfriend to become a U.S. citizen as soon as he can because it is likely that you will not have a valid legal student status by the time you can get a green card through him as a legal permanent resident. Good luck.   Disclaimer:  The answers to frequently asked questions are based on limited information available to us.    The answer provided is of a general nature and does not establish an attorney - client relationship.  It is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation.... Read Answer

A child entering the U. S. at the age of 8 years is not by virtue of age allowed permanent residence, citizenship, or nationality of this country. I do note that currently many children who arrived in the U. S. by the age of 16, have resided here for a long time, and meet certain schooling requirements or served honorably in the U. S. Armed Forces or Coast Guard are being given the ability to stay for a duration of time and employment authorization under the Administration’s Deferred Action for Childhood Arrivals (DACA) program. 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

Your mother received a 214B rejection based on the consul’s belief that she would not return to the home country if she was issued a B-1 visa. I note that a B-1 visa is for business. There is the possibility that your mother may be allowed a B-2 visa to stay with you if you can prove that you and she were members of the same household and living together during all these years. There is more leniency these days to allowing nuclear members of a family to remain together where an adult child or spouse is coming or is in the U. S. pursuant to a long-term nonimmigrant visa. 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

As your fiancée has not applied for asylum in the US, there should be no impediment to her of obtaining an H-4 visa on that score. Inasmuch as the doctrine of dual intent – a person having both an intent to immigrate and an intent to be in the United States on a nonimmigrant basis – applies to H-1B as well as their dependents, her stay in Canada and not in the home country in the recent past should not affect her ability to obtain the visa. I assume of course that you will be marrying since the H-4 is only for spouses and not fiancées. Your fiancée may wish to bring whatever proof that she has of your bona fide relationship when she applies for the H-4 visa. 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

Visitors visas are given in the discretion of an American consular officer who will attempt to judge whether the parents have the proper nonimmigrant intent. If the consular officer believes that the parents are only using the daughter as a way for them to enter the country and remain, he or she will deny the visa requests. The visitor visa process varies in length of time from consulate to consulate, but can generally be completed within 60 days. To enhance their chances, perhaps only one parent should make an application and the other can stay behind in the home country. The one who will be coming can bolster his or her chances by showing that he or she has a job to which he or she will return, that he or she has savings and other property in the home country. You can also help by supplying an affidavit of support on form I-134 with job letter, banking statement, and last year's tax return along with a letter to the consulate guaranteeing that he or she will not work, and that the parent will leave as soon as the visit is over. 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

The marriage certificate is more important to the dependent than to a principal applicant for immigration. That being said, the below is information from the Foreign Affairs Manual which is used by both the Department of State and U.S.C.I.S. in determining the types of documents that are acceptable. I doubt whether affidavits are by themselves acceptable as evidence of marriage. Marriage Certificates Available. The Hindu and Muslim communities do not usually register marriages, however, marriages by Hindus, Buddhists, Jains or Sikhs may be voluntarily registered under the Hindu Marriage Act of l955. This Act does not apply to Muslims, Parsis, Jews or Christians, who may register their marriages under the Special Marriage Act of l954, or the Christian Marriage Act. Marriage certificates for marriages registered under these Acts may be obtained from the offices of Government Registrar of Marriages, which are located in the headquarters of each district. The certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee. A certificate of marriage between Muslims is usually issued by the priest who performed the ceremony. The document is in the Urdu language, and a certified translation is required. Marriages between Christians are usually obtainable from Church records. If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding. Note: A document termed as "Marriage Agreement" or "Deed of Marriage" to live as man and wife (under the Registration Act of l908) is not confirmation of a marriage solemnized legally under the Indian Marriage Acts now in force. Such a document does not confer upon the contracting parties' legal marital status under the 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 Answer

Hello. Yes, she can stay per her I-94. You should double check the online status of the I-94.  The visa only controls when she can enter (by 02/05/15). The stamp and I-94 control how long she can stay on this particular entry. Thus, she should be ok. Here is the website: https://i94.cbp.dhs.gov/I94/request.html  ... Read Answer

Short trips outside the United States after having filed for naturalization would not have an adverse effect on the application for citizenship. Especially having a good reason would preclude problems. There are no steps that you need to take before going. While there is no maximum time period that you are allowed to be away, it would be prudent to keep the trip as short as possible, e.g. 1-2 months.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

As you have transferred your H-1B to a new employer under physical therapist, your obtaining the position of director of a rehab position could affect your current H-1B and your employer should probably file for an H-1B amendment once you secure the position. I will assume for purposes of this question that you have not filed in I-485 application to adjust status. With reference to your future green card process, whether you can obtain I-140 approval without the need for labor certification on the basis that the position is still that of the physical therapist will likely depend upon the job description and the number of duties requiring the skill set of a physical therapist.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

No – as a dependent, her status is dependent upon remaining attached to her husband. A divorce would unravel the knot that binds their cases together.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 would appear from the facts of your question that you may legally be adopted for immigration purposes. I do note that adoption immigration has become more complex with the application of the Hague adoption convention which applies to nationals of many countries of the world. Assuming that the adoption is good for immigration purposes, you would be an immediate relative and eligible for adjustment of status since you entered the country legally. The 3 and 10 year bars only apply to those who leave the country and wish to reenter. That does not appear to be your case. 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

The question of whether you can enter the U. S. on a valid visiting visa when you are a derivative on your husband’s asylum case depends upon the temporary nature of your visit and the acceptance of that reason by the Customs and Border Protection (CBP) inspector and/or supervisor at the port of entry. As long as CBP is convinced of the bona fide nature of your temporary visit, you would be allowed to enter. 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

Local policy seems to vary, but in general USCIS will require you to renew your green card before they will process your citizenship application. In the past they were not so strict on this, but it looks to me like a revenue issue for the USCIS. Citizenship is an individual application, you will need to file for yourself. There are situations, such as when a green card holder files under the three year rule (based on an ongoing marriage to thier original sponsor) where it is required to show that the marriage is still ongoing and viable in order to complete thew citizenship process, but after 21 years this no longer applies to you.... Read Answer