Washington Immigration Legal Questions

Generally speaking, where an individual is not a US citizen by birth, he or she can acquire US citizenship through the Child Citizenship Act which came into effect on February 27, 2001, if the parent is a US citizen; the child was under the age of 18 and a permanent resident; and the child was in the legal and physical custody of the US citizen parent. Another way of attaining US citizenship under the Child Citizenship Act occurs if the parent is a US citizen; the child is under 18; the child is in the legal and physical custody of the US citizen parent outside the US, is in the US temporarily on a lawful admission, and is maintaining status; and the parent or grandparent has been physically in the US for five years at least two of which occurred after the age of 14. You had to have been under the age of 18 on the date of the law came into effect. 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

I assume that you are outside the United States under the AP. Just because a priority date becomes current does not mean that your case will automatically be reached for adjudication by USCIS. However, in the event that it is, the agency may approve the I-485 application while you are abroad, give another RFE, or if there are reasons for doing so, deny the I-485. In the event that you are returning under the advance parole and USCIS has approved your case but has not yet issued the card, you can show the advance parole and I-485 approval sheet to the immigration inspector at the port of entry. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Requirements for your wife to obtain a H-4 EAD is that you are both in valid H-1B/H-4 status and that you have an I-140 approval. Once you have the I-140 approval, your wife should be able to make an application for employment authorization. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

OK, so currently there are dozens of grounds of inadmissibility that an immigrant would apply for a waiver for. You did not indicate what ground he is deemed inadmissible by Uscis. Ultimately, if there is any ground of inadmissibility, a waiver would need to be filed and the burden is on you to prove that if the immigrant spouse was not allowed back in the country for permanent residency, then you would suffer extreme hardship. ... Read Answer

In most situations in which individuals have been living in the US since the year 2000 and are being petitioned under the F-4 sibling category, they generally have not been able to maintain legal status that would allow them to adjust status in the US. The exception is if you are the beneficiary of §245(i) under which you must have entered the US by December 21, 2000, and have had a labor certification or immigrant visa petition filed on your behalf by April 30, 2001. Unless you satisfy the condition of §245 (i), you should consult with your attorney before going to the interview in Ciudad Juárez as most individuals who have come to the US and not been legal for one year are barred from coming back to the US for 10 years once they step outside the country. If you qualify under the exception, you should be able to make an application for adjustment of status with USCIS. Currently for the month of September, USCIS is accepting I-485 adjustment applications for those born in Mexico whose F-4 priority date is before 4/30/01. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 green card holder is obligated to maintain a domicile in the US, and six months per year in the US is generally thought of as the standard to avoid potential problems. In addition, an individual cannot leave the US for a year or more just based upon the green card. Trying to spend most of the time overseas and just touching base in the US also has risks. A person coming to the US as a tourist is not allowed to wait in the US while being petitioned under a category that is backlogged. I note, however, that the visa chart for dates for filing under the F-2A category for adjustment of status based on marriage to a permanent resident is only backlogged currently to June 15, 2024. So depending upon visa movement, a tourist in the US may be able to file for adjustment of status when the quota becomes current and remain here during the processing. On your other question of what happens if she comes as a student or on a temporary work visa, she would likely have enough time to file for adjustment of status given the movement of the F-2A category at present. Once the priority date is current and an adjustment of status application able to be filed on form I-485, an applicant can also apply for advance parole to leave the US on form I-131 Application for Travel Document during the pendency of the adjustment of status application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 federal legislation known as VAWA, Violence Against Women Act, protects battered immigrants, either spouse, parents, or children, whose close family member abuses them. The abuser who is either a U.S citizen or a green card holder (lawful permanent resident) may refrain from helping the victim to proceed with the immigration process by using intimidation and control. VAWA allows victims to petition (known as self-petition) for themselves independently and safely without the knowledge, participation, or consent of their abuser. Work with an immigration lawyer to maximize your chances of success.   ... Read Answer

It most likely will not impact your green card approval. However, you should get a copy of 1) the police report ,2)  the record of conviction and 3) the record of sentencing that the court entered. 4) if probation was ordered then any court record that the terms of probation were successfully completed. You should get certified copies of these records ,if possible, because the immigration officer will need to see them. ... Read Answer

There is a possibility that you will be able to secure an EAD under compelling circumstances if your condition is verified by a medical professional. If you are not aware, you should know that this type of relief does not keep you in valid nonimmigrant status, and you would most likely have to consular process your NIW application when the priority date is current as your having no valid nonimmigrant status may well prevent you from adjusting status in the US. You say that your partner is on an F-1 visa and that your understanding is that you cannot apply for F-2, but there may be a possibility that you can do such since you have not filed for the I-485 application at this time. It will be up to USCIS as to whether to approve the change of status. Kindly note that you can only apply for F-2 status if you are legally married to the F-1 holder. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Assuming that the I-140 petition was not timely revoked by the petitioning company and it is not later automatically revoked by visa availability having been reached, you should not have to go through the H-1B selection process again if you decide to rejoin your company or to move on to another company under a new H-1B petition. The company that you approach should be able to file another H-1B extension petition based upon your approved I-140. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Thank you for your questions. 1.) Whether your mother will be able to obtain another visa without interview will be up to the consular officer. Your mother would first submit the DS-160 visa application form, and then log into the online application system, create a profile to pay the visa application fee, and upon choosing “Schedule Appointment”, she would answer interview waiver questions to evaluate her eligibility to apply for a visa without the interview. I note that a requirement is that your mother is applying in her country of nationality or residence, one of which is assumedly Vietnam 2.) When you ask whether there is any negative impact on her application, I assume that you are asking whether applying for a waiver of interview will have a negative impact, and I do not see why it should – if the waiver of interview is not granted, your mother will simply go to the scheduled interview. 3.) Technically, your mother is considered an overstay since she was only authorized to remain in the US until September 2020 and the extension application was not approved. That being the case, she can put down an explanation for the question of whether she has “ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of the US visa.” Her situation of overstaying during the pandemic has been fairly common and known to most consular officers. 4.) Generally speaking, Customs and Border Protection officers will assume that your mother was cleared by the State Department for a new visa. In addition, she can bring her documentation with her to explain her past situation of having to remain in the US. Finally, a trip to the US by a B-2 holder who has not been in the US for over two years would not usually raise the antennae of most inspectors, especially if the individual attempted to maintain status during all that previous stay. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Under the Child Status Protection Act (CSPA), the children are given a credit of five years to their age being under 21 due to the visa petition pendency of five years. It is more than likely that the children will not be able to emigrate with the parents as the counting time of the children’s ages will only stop when the priority date becomes current. Currently the sibling category final action date on the January visa chart is only available to those filing petitions prior to September 15, 2005, for India born. On the question of when you can expect a visa center letter for further processing, that will usually not come until the priority date is close to becoming current for visa availability. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

OK so if you look at the visa bulletin board at the department of state website, your priority date should be current. A person who entered the country with permission and married a green card holder can file an adjustment of status as of December of this year, and apply for a green card. The fact that you entered with a student visa but never attended college as you were supposed to could be a ground for immigration fraud which would then require you to file a waiver of inadmissibility. You would need to discuss your case with an attorney to determine the circumstances surrounding your marriage. Were you married within 90 days of your entry? Did you even attend one class? Did you register for class? These and other questions would need to be discussed. This is a process that you should not handle yourself, as any minor mistake or discrepancies would result in significant delays or an outright denial.         ... Read Answer

Your mother can obtain a replacement birth certificate by going online at https://www.health.ny.gov/vital_records/birth.htm (all instructions are given there) or printing a form from that same website, filling it out, and mailing it with the applicable fee to: New York State Department of HealthVital Records Certification UnitP.O. Box 2602Albany, NY 12220-2602 Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 rule written or unwritten that prevents a petition being filed for persons who are presently in the US and will quickly return overseas and await consular processing. In point of fact, we have done many cases over the years involving the same situation with no detrimental effect for our clients. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 short answer is NO. You cannot apply for citizenship until you receive a Green Card and meet the necessary residency requirements, which include holding the green card for five years or three years if received via marriage to a US citizen. That being said, you might be a US citizen at birth if one or both parents were US citizens before your birth. I recommend talking to an immigration lawyer to see all your options for a Green Card or US citizenship. Most immigration attorneys offer a free consultation, so you might be able to get your questions answered for free.    --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

As you previously worked under H-1B status in the US in 2019-2020, you do not have to go through another visa selection process. Under the conditions that you describe in which you timely filed an application to remain legally in the US after your H-1B job ended, and presumably left prior to the adjudication, there may be a valid question of overstay as the maximum period of initial time allotted for being a visitor is only six months and you would have exceeded that even if you had filed during the 60 day grace period. However, there is room for argument that you complied with the law and USCIS was supposed to have made a timely adjudication. Under the Foreign Affairs Manual guidance, I do not believe that your explanation of actions should prejudice you in a later application for a visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

Given the particular circumstances that you describe and assuming that the school attendance will start after the adjustment of status application is filed, it would not appear that the Ukrainian girl would be violating immigration rules or compromising her green card application by going to a private school. She should be able to keep attending school until the time that the adjustment of status application is adjudicated. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

USCIS will allow you to apply for your mother using your US passport. It is not a requirement to file the petition with only a certificate of naturalization. We have successfully represented many cases in the past in which the petitioner only had a US passport and not certificate of naturalization. We have never received a request from USCIS for a naturalization certificate under those circumstances. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

USCIS has recently acknowledged that L-2 spouses are not required to apply for separate work authorization to be legally employed in the US. Thus it stands to reason that a timely filed L-2 extension application should continue to allow employment for 180 days while the application is pending. However, until the agency puts it down in writing, employers will likely take the position that they cannot risk continuing an individual’s employment based on the receipt of filing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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

More information is needed.  What about your U. S. citizen grandparents? Do you have any U.S. citizen grandparents on your mother's side?  This requirement is a bit more complicated than the residence stratus of your mom after age fourteen.  I strongly recommend a Zoom conference with a compentent and experienced immigration attorney before there are any other complications.  Immigration is a Federal practice, so you have many options to seek more competent representation.... Read Answer

A US citizen spouse can sponsor a foreign national spouse for a green card as long as the foreign national entered the country with permission. This is true even if he falls out of status. After you sponsor him for his green card marriage base case, he can get his work permission in roughly 5 to 6 months. You should retain counsel anywhere in the United States for representation. Some of us charge a reasonable flat rate fee.... Read Answer

If you are a US citizen and have physically met your boyfriend in person, then you can sponsor him for a K fiancée visa and he would process at the US consulate in his home country. A US citizen can also sponsor the child of the fiancé depending on the age of the child. There are other alternatives to bringing your fiancé over to the United States but that would have to be explained in a lengthy phone conversation. But the fiancée visa path is the most popular and the most expeditious. Counsel in any state can represent you for your case... Read Answer