Virginia Immigration Legal Questions

Since you and your spouse were both denied, the only thing that your daughter would be waiting for would be another denial. You can continue pursuing it, ie. Freedom of Information Act, if you so desire, but the denial is not that important since you already know that it will be the same as the ones given to you and your spouse. Denials of H-1B and H-4 statuses usually render the individuals illegal in the US unless they hold other status, and subject the individuals to a time bar of three years for remaining in the US illegally over 180 days from the date of denial (please note that the time bars do not apply to individuals who are under the age of 18). 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 More

If he has education and job skills and there is a viable US employer willing to sponsor for the green card, the employer could possibly sponsor him under the PERM labor certification process. The time would take approximately 2 years assuming that all goes well. There are other possible avenues, but they would depend upon his family relationships and whether he had outstanding talent. If your sister's case is pending before U.S.C.I.S., and she has a travel document, she could possibly request advance parole on humanitarian grounds to possibly meet up with and marry the person in a third country. It is not assured that she will obtain this, but she can try if she wishes. If she is successful, however, she may face questioning when she returns to the US if she is using the passport of the country from which she is seeking protection. 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 More

A foreign national who is out of status and married to a US citizen can adjust status even if said foreign national has overstayed his visa. However this privilege of adjusting status to get a green card while out of status is not afforded to a foreign national who is married to a lawful permanent resident. Discuss your case with with counsel for a complete review of the facts of your case so an informed opinion can be reached.... Read More

You can sponsor your fiancé for a k1 fiancé visa and your future step children as k2 derivative beneficiaries. The visas would be processed at the overseas consulate and when the visas are available, your family can enter the US but you must marry your fiancé within 90 days , and then they all can adjust status to obtain their green cards.... Read More

If you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole, the adjustment of status case may be denied for abandonment and she may have to start the process all over again and process her immigrant visa at the consulate overseas. You should retain counsel immediately so that she can process her case competently and efficiently. This is why lay people should not attempt to handle their cases without being represented by counsel. Counsel anywhere in the USA can represent you. Good luck.... Read More

The date that you put down on the I-539 application to extend/change status is only a request. The important part is that you have already put in the paperwork to change status to B-2. Even if the family asks you to leave prior to July 1, that would have no effect upon your pending application to change status. An applicant who has filed a timely request to change status is allowed to remain in the U. S. during the time that the application is being considered. (I do note that if the time up to which you request expires in the future and you do not yet have an adjudication, you should either leave the U. S. or file another I-539 application if you intend to stay). 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 More

For an adjustment of status to permanent residence in the States, all notifications will have to be done by you to Social Security and to your employer. U.S.C.I.S. does not send out automatic notifications.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 More

You should work with an Immigration attorney who can enter an appearance on behalf of you and your spouse in order to process the case from start to finish so that no delays or no snags occur. If you are a US citizen sponsoring your foreign born spouse through consular processing, it takes about a year or a little less. Counsel anywhere in the USA can help you.... Read More

It is probably a better idea to have the old case withdrawn before putting in the new I-130 for your  new wife. It takes U.S.C.I.S. approximately 2 months to acknowledge and take action on  a withdrawal request. 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 More

Whether you can obtain an H-1B visa may depend upon your ability to have a cap-exempt organization sponsor you and whether you qualify for the H-1B’s requirement of the position being a specialty occupation by virtue of your education or a combination of your education and prior experience. There are 4 types of cap-exempt organizations – institutions of higher education, nonprofit organizations related to institutions of higher education, nonprofit research organizations, and government research organizations. If you wish to go to school instead and apply for a student visa, you can obtain an I-20 from the selected school and either take it back with you to India to interview for a student visa at the U. S. Consulate or Embassy, or attempt to change status in the U. S. I note that changes of status to student are taking an inordinate amount of time, that B visitors must maintain their B statuses regardless of how long the adjudication takes, and that U.S.C.I.S. takes a dim view of individuals who attempt to do anything at variance with the B status purpose during the first 90 days of stay in the U. 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 More

Once your husband obtains his US citizenship he can petition for u as his immediate relative spouse. As long as you entered the US legally, you should be able to adjust status to a green card holder. You should retain counsel to assist you. Counsel anywhere in the US can represent you. Good luck.... Read More

My advice is to proceed as NVC has directed.  Processing times are fairly accurate.  Perhaps you should call the phone number on the document you received  from NVC to get clarification of the notice your received, and how you should proceed.  I would need to see a copy of the document received from NVC to further direct you.... Read More

If you entered the country legally on an f1 visa and have not traveled out of the country then you can adjust status if you married a US citizen.You should retain immigration counsel to make certain that you properly prepare and process your case correctly. Any immigration lawyer in the USA can represent you.... Read More

Unfortunately there is no way that the F-4 sibling petition can be speeded up because your sister's son has a blood disorder for which treatment is difficult to obtain in Pakistan. Your sister and her husband could attempt to have the child apply for a B-2 visa for medical treatment in the US. That being said, the US Consulate would have to be assured that the costs of the treatment would be able to be covered by the family or donors.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 More

If you were granted Cancelation A and did not comit any offenses since that rendered you inadmissible; and your LPR card is valid; and you have a valid national passport or reentry permit, you can travel internationally. You should hire an immigration lawyer and look into the reasons for denial of your Naturalization application. ... Read More

She can apply for a visitor visa, but if her intent is to marry you then it would be advisable to petition her for a fiancé visa. If she enters the country and later gets married to you then the immigration officer may ask some tough questions about her preconceived intent. It’s best to let an immigration lawyer assist you both in this process. ... Read More

Owning a house and property or having money in the bank may help, but on the house alone, that would depend upon the equity in the house. There is no fixed amount on equity in a house, but the higher the better as a house is not a liquid asset and where would you stay if you sold the house to meet the obligations of financial support. On other property, that would depend on the value of the property, and whether it could be easily disposed to meet your obligation of support. Assuming that you are alone and have no other support obligations to anyone else, the amount of money in the bank would likely be a little north of $100,000, 5X the yearly support level for a family of 2. Also a consular officer might be interested to see how long the money has actually sat in your account. Having home and property and bank account would lessen the amount needed from each individual asset.  A suggestion is that you may decide (in lieu of the above) to seek out a cosponsor who will be able to provide the necessary support for your fiancé not only for the visa, but for the permanent residence application which will soon follow.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 More

I do not believe that there is a good chance that you will be allowed to obtained a student visa under the circumstances that you have described. A student visa is one that requires nonimmigrant intent, and the fact of your having worked on your last visit would give many consular officers doubt as to whether you could be trusted not to work or attempt to remain permanently in the US if you had a student visa. In addition, you are under a five-year bar which would require a waiver by U.S.C.I.S. following a consular recommendation that a waiver be approved. If you decide to do it, you would apply for a student visa, be denied, and hopefully given the opportunity by the consular officer to apply for a temporary waiver of the five year bar.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 More