Washington Immigration Legal Questions

PERM labor certification applications require a prevailing wage determination of the offered position for the case to be filed with the Department of Labor (DOL). The prevailing wage must be paid at the latest at the time that the permanent residence application is approved. Whether the employer pays the prevailing wage prior to that time to the alien is not a primary concern of DOL, which is the protection of US workers. That means that DOL will want to be assured that the employer is offering that wage to the US workers who apply for the position, and that the employer is not rejecting US workers because the alien is willing to work at a lower rate.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

Your question cannot be easily answered. The length of removal proceedings can be days to years depending upon factors such as reason for initiation of removal proceedings, location, relief from removal, and more. It is not clear what you are asking. Each alien is given an individualized hearing on his/her ability to stay in the U.S. Depending upon the circumstances, many cases could be considered in a day or only a couple. Anyone who is in the U.S. without legal status can be placed in removal proceedings regardless of age. ... Read More

We do not know whether you will be a priority for deportation or not until Donald Trump has taken office and announced a formal policy. He has changed his policy on immigration so much over the campaign that it is difficult to predict what he will actually do. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read More

The best way would be for the LPR to become a US citizen and to petition under that category. Failing that, some other options could be through the immigration investor EB-5 program if your spouse has the wherewithal to invest, or he might qualify for a working category with dual intent such as H-1B specialized worker or L-1 intracompany transferee. Also if your spouse is an extraordinary alien in a specific field, he may be able to qualify under an O-1 nonimmigrant visa or EB-1A 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 More

USCIS Chicago Lockbox Facility USCISP.O. Box 5757Chicago, IL 60680-5757 USCIS Chicago Lockbox Facility USCISAttn: DACA131 S. Dearborn – 3rd FloorChicago, IL 60603-5517     Here are some helpful links:   https://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca#filing%20process   https://www.uscis.gov/i-821d-addresses  ... Read More

You may start the process immediately after marriage. Is your boyfriend a U.S. citizen? If yes, you will not need to take any additional steps because you overstayed. Your prior overstay will be effectively forgiven. If, however, your spouse is not a citizen, additional steps will be needed. You can read more about family immigration at http://myattorneyusa.com/adjustment-of-immigration-status.... Read More

Two situations that come to mind may be working with a UK company under an E treaty trader or treaty investor visa or finding a professional position relating to sport under H-1B. Because H-1B visas are capped in number generally, most would not be available to be applied for until April of next year for work to begin in October if selected under the H-1B lottery. Work at an institution of higher education like college or university would exempt a petitioning organization from the H-1B cap, and the petition could be applied for at any time. Other than those, you may wish to consult an immigration lawyer for other options.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 may purchase rental property as a passive investment while holding H-1B. You will need to declare the income on your income tax returns. The only issue you could face is if you managed the property yourself as USCIS could conclude you engaged in unauthorized employment. You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read More

1. Your husband will be out of status be operation of law as soon as he ceases employment with his H-1B sponsor.  2. Yes, your husband will begin accruing unlawful presence as he is no longer in status. He also cannot seek to change his status or transfer his H-1B if he failed to maintain status. 3. The transfer will likely be denied if he was out of status at the time of filing.  You can read more about H-1B at http://myattorneyusa.com/work-visas.... Read More

Your EAD is dependent upon your husband’s status. If his date is limited to September 28, 2016, and a trip outside the U. S. and reentry would not further extend his date to March 2017, any EAD extension that you would do at this time would be limited to September 2016. Your husband and you can apply for L-1/L-2 extensions if the ending date of the I-797 approval is within 6 months of being reached. Premium processing on L-1 extensions is allowed although not on the I-539/EAD applications. If such are filed together, however, there is a possibility that the L-2/EAD may also be expedited under premium processing. 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 cannot change your status to another nonimmigrant status. In order to change status, you need to maintain lawful nonimmigrant status, which you failed to do. You could possibly adjust your status to a lawful permanent resident through an immigrant visa petition filed by a United States citizen spouse or parent. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read More

You likely cannot start working immediately given the information provided. The employer will likely need to file a new petition on your behalf. You will likely need to file a change of status or seek a visa abroad given the information provided. The employer's immigration attorney can provide case specific guidance as he/she will have to review the matter thoroughly to determine how to best proceed. ... Read More

1. There is no emergency visa. She may be able to request a visitor visa but given her immigration and criminal history she is not likely to be approved.  a. She may apply for any visa for which she is eligible. There is simply not enough information to determine what visas she may be eligible for. However, her criminal and immigration history will make it very difficult to obtain a nonimmigrant visa.  b. Possibly. This question needs to be addressed to an experienced immigration attorney licensed to practice law in Canada.  c. Yes, if she continues to be barred due her deportation. She is either subject to a five or ten-year bar. She may also require a waiver under INA 212(d)(3) for the assault case depending upon the outcome of the case.... Read More

You may ask a family member to be a joint sponsors. A joint sponsor must be 18 years of age or older and a United Stares citizen or lawful permanent resident. You may have one or more joint sponsors. If either your income or joint sponsor's income is insufficient, you can use assets to make up the shortfall. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.... Read More

It depends upon what the RFE requests. You must provide a complete response to the RFE. For example, if the RFE requests a certified certificate of disposition, you must produce the document or show it is unavailable. Unavailable does not mean that you do not have a copy but that the record is not available from the court where the case was handled. If you are not sure the documents are sufficient, I encourage you to consult an attorney. Failure to submit a complete response to the RFE can result in another RFE being issued or denial.You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read More

Have you started the immigrant visa process? You first need to start the process before you request it be expedited. You can request an immigrant visa petition and the visa application be expedited. Whether to expedite processing is at the discretion of USCIS. You will need to document the request to expedite. working with an attorney can also help speed up the process by minimizing delays due to failure to submit the necessary forms and documents. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

Your fiancé is subject to a ten-year bar to admission, because he was ordered removed from the country. He can seek permission to reapply for admission if he has not yet been outside the United States for ten years. However, there is another issue. Your fiancé may not be permanently inadmissible due to his criminal conviction. Drug convictions are treated very harshly under the United States immigration laws. There is a limited waiver available to this convicted of possession of marijuana. I encourage you to speak to an experienced immigration attorney. In the interim, you can read more about criminal aliens at http://myattorneyusa.com/criminal-aliens.... Read More

You should proceed. You should timely respond to the RFE with whatever additional evidence you have establishing your residence in 2009, 2010, and 2015. You should also fight the DUI charges. You can read more about DACA at http://myattorneyusa.com/deferred-action-for-childhood-arrivals-daca.... Read More

You are at risk of having your naturalization revoked according to the link provided. The link is about denaturalization of individuals who were discharged from military service for reasons other than an honorable discharge. It does not define what constitutes a honorable discharge. I would encourage you to review the paperwork you signed when enlisting. MAVNI is a special program so it may have its own guarantees regarding naturalization. You should also speak with legal counsel, whether provided by the military or a private attorney, about the matter.... Read More

The child would not have acquired citizenship at birth of his father did not meet all the requirements to transmit citizenship. In such a case, the father would need to file an immigrant visa petition on behalf of his child. This would give the child lawful permanent residence. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More