Virginia Immigration Legal Questions

There is no truth to the rumor that any person can stay in the country even if expired if he or she learns English. If that was the case, English language schools would be the hottest business in America.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 10 year bar is counted at the date that you apply for the K-1 visa at the Consulate or Embassy. It has nothing to do with the date that you have the K-1 petition submitted on your behalf at 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

There is a chance that you may be able to obtain the H-1B if you are able to correlate 17 out of the 30 credits of your bio business major with the work that you will be doing as an application support analyst. You would of course have to convince the petitioning organization to sponsor you. I also note that you do not have to rely upon your masters degree as the H-1B only requires that you have a bachelors degree or equivalent in the field of specialized occupation. Therefore you can use your bachelors degree for the H-1B if it is more closely related to the job duties of the position. 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 deadline for filing an I-90 application and your acquaintance will not risk her LPR status through not filing. However, she will not be able to travel in and out of the US without some proof that she is a permanent resident; neither will she be able to provide such proof without applying for a replacement card to any employer who asks for proof of her legal status to work.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 wife should write a letter of explanation detailing her entry into the United States and support that with a copy of the passport page with the entry stamp to the US.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.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

A conviction based on a crime involving moral turpitude can certainly be a basis of deportation dependent upon the type of crime, amount involved, time that the individual could have served, and the time to which the individual is sentenced. On your other question, you would not be liable to pay expenses incurred due to a police report and any consequences of a conviction just because you sign the affidavit of support. That liability only comes if your husband took means tested benefits.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

A person is not officially approved at the time of interview unless the officer gives the stamp of approval at that time. An immigration officer may feel that the case is OK and give indications of such, but there is no final approval until the time that it comes in writing. That being said, you or your attorney can arrange an Infopass with U.S.C.I.S.’s field office to see what happened and perhaps ask for a copy of the decision from 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

The best way is probably through the I-130 that you submitted already. U.S.C.I.S. has already said that it will be knocking the times down from 7 months to 5 months in the near future on I-130 petitions for spouses. If your wife comes over on the visa waiver program and attempts to adjust her status while she is here, U.S.C.I.S. may believe that she committed a misrepresentation in entering 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

Hello. Yes, you should file/begin the divorce process and file your conditional residency alone. Your chances of approval depend on the proof you have regarding the bona fide relationship, finances, joint accounts and residency. I would be happy to discuss. Feel free to contact for a free consultation. ... Read Answer

Customs and Border Protection inspectors at the port of entry have the right to go through a person's belongings to determine admissibility to the US. Unfortunately the argument that the evidence was obtained forcefully would most likely do nothing to bring your wife back.  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 should be able to file for your H-1B and OPT extension at the same time. As you note, there is concern as to whether you might be approved or not for the H-1B. Where you have an H-1B approved which is not revoked by the petitioner, you have a cap number which can be used to transfer when your current employer decides to file a new H-1B for you in October. 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

Religious ceremonies are unfortunately not recognized as formal marriages without more in this country. To gain recognition, religious ceremonies must be performed by someone vested with the power to unite and then registered with the state.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 the petitioner is taking means tested benefit is no longer on the I-864 affidavit of support form. Consular officers can still ask the question, but most would focus upon the credibility of a joint sponsor's I-864. I suggest having a credible joint sponsor with high income.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 is doubtful that the U. S. consulate where your wife surrendered her green card will allow her to take it back as a form of buyer’s remorse, but she can try. If not, the form I-407 has a part which states that a person who surrenders the card can have a hearing at any time hereafter before an immigration judge to determine admissibility by presenting himself or herself at a port of entry to the U. S. and seeking entry. At that time, the immigration judge can and will take into account all statements made concerning a person’s abandonment of residence. In your wife’s case, she may have the additional problem of boarding transportation back to the U. S. and may have to ask the U. S. consulate or DHS office (if there is one in the country) for papers allowing her to board the transportation.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

When an application for change of visa status is denied, U.S.C.I.S. generally wants the individual to leave within 30 days. If you remain in the US for 180 days after receiving the notice, you would be barred from returning for three years. If you remain for one year or more, you would be barred for 10 years if you attempt to return to the States.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 might be almost impossible for your son to prove that his ex-wife only married him to obtain the green card and US citizenship when they already have two minor children. What the ex-wife does with Russian immigration would seemingly have nothing to do with US immigration.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 should have an attorney first go through your criminal history including examining the record of conviction or your plea to determine whether you are permanently barred from coming back to the country. Under present law, a domestic violence conviction is a permanent bar. The lawyer would have to check whether the conviction truly involves violence and exactly what is involved in the state statute.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 does not appear to me as if you will be able to stop the revocation of your I-130 petition under the circumstances that you describe. Marriage to a second party while you are still legally married to the first party is illegal. Even the fact that you began the paperwork after the divorce from the first wife does not solve the situation of your having married your second wife while you were still married to the first. Unfortunately you will have to start the process all over again with the additional complication that you will have to file for waiver of the ground of excludability after you are again interviewed and denied for the immigrant 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

You may be in the US under an I-20, but that just means that you are maintaining a nonimmigrant status. Most persons immigrate to the US through an employment, family relationships, asylum, or investment. The fact that you have been in the US for more than three years under an I-20 does not give you a leg up on future immigration. I suggest that you graduate with a bachelor's degree, obtain OPT, and during the year of OPT try to have yourself sponsored for a H-1B visa for persons of specialized knowledge by an organization. If the organization likes you, it may begin your sponsorship for the green card.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 don't state whether you have ever worked for a for profit H-1B employer.  If not, then you haven't been counted against the cap and you cannot port now since there are no H-1B visas.  You would need to wait until April 1 to have the for profiti employer file for you and then you could start work on Oct. 1, 2014. Pam Barnett... Read Answer

You appear to already be a US citizen as you obtained a US passport before the age of 18. Unless there was a mistake by the US passport agency, you fulfilled all requirements for US citizenship at that time. There appears to be no need for you to obtain a certificate of citizenship as the US passport is equal proof of your citizenship. There is also the chance that if the passport agency made an error, U.S.C.I.S. might catch it to your detriment.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