Washington Immigration Legal Questions

It's a bit complicated. If he came to the US to visit but then changed his mind, that could work. But you would need something happening in the US that made him decide to stay during that particular trip. And he would need a round trip ticket when coming into the US. It has to look like a visit. Once here, you should wait a month or two before filing. The entire process only takes about 3 months from start to finish. You should consult with an experience immigration lawyer before making any plans.... Read More

I assume that you want to petition for your husband so that he can get a green card. The two options are consular processing and adjustment of status. Since he is outside the U.S., he would consular process. Since he is an immediate relative, the entire process may take 6 to 9 months; possible even less. However there is no way to guarantee how long the process will take. Consult with an immigration attorney to guide you through the process.... Read More

Well, there isn't really the quickest way. The best way is to file form I-130 for him, but that processing will take time. Another proper way would be a K-3 visa, but then you would have to do an adjustment of status for your husband, so the overall total cost of the process will be more and it will take longer. So do an I-130 for him. If he enters the U.S. on a visa waiver, (1) he could be denied entry if the immigration officers learn that he has a US citizen wife in the States, and (2) the intent is an issue because visa waiver program is in place only for temporary visitors who have every intention to leave the U.S. and go home.... Read More

You petition for him and it takes about 9-12 months for him to get a visa at the US Embassy in London after that. Otherwise, he can try to enter as a visitor and you wait for about 3-4 months and then file for him within the US. I can discuss the process in more detail with you if you like to explain the issues and strategy.... Read More

Ideally, the quickest way to be reunited with your husband is for him to enter the US on a K-3 nonimmigrant visa so that he he can bypass the lengthy processing of immigrant visas. You can accomplish that by submitting the traditional I-130 petition for your husband and then submitting a separate petition for him on form I-129F immediately after receiving a receipt for the I-130 petition. Once he enters the US with a K-3 visa, he can complete the immigrant process by applying for adjustment of status.... Read More

This seems to be a family issue, not some sort of government persecution. The asylum laws do not protect you from your own parents. Essentially, you would have to show that this is the state of affairs in India and that you cannot go to the police and seek police/government protection from your parents, the restraining orders or something of that nature. I do not see this issue raising to the level of political asylum.... Read More

I have not heard that there is an exemption from registering for selective service for an American who   dual national and living in another country. You should register between the ages of 18 and 26. 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

Everything is going to depend on what your professional qualifications are.  As a Canadian you are eligible to enter the US as a Treaty National if you are a member of certain professions and have a job offer in the US to practice  that occupation.  The offer can be from your boyfriend or another potential employer.  The details of this are complex and you would be best off scheduling a telephonic appointment and discussing the particulars over the phone.   Alternatively, assuming you do have marriage plans, he could file a fiance visa petition for you which would result in your being able to enter the US as his fiance.  You could remain here for 90 days and would have to then either marry him and file your documents to stay permanently on sa green card, or, if you decide not to marry, you would have to leave the US.   If you would like to discuss your alternatives in more detail, please feel free to make a telephonic appointment by calling our office at (619) 291-1112.   Best regards, Jan Joseph Bejar, Esq.  ... Read More

Regardless of whether your daughter will have her record expunged, U.S.C.I.S. wishes for anyone with a record - expunged or not - to put down the facts of the case. One misdemeanor for shoplifting would not bar her from the deferred action for childhood arrivals program (DACA). It would not constitute a significant misdemeanor conviction which generally covers incidents of domestic violence, sexual abuse or exploitation, unlawful possession or use of a firearm, drug sales, burglary, or driving under the influence of alcohol or drugs. 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

The answer depends upon whether the brother-in-law will be coming over for nonimmigrant visit or if he is immigrating to the States. A person on an H-1B visa is allowed to financially sponsor persons visiting the US but not those who are immigrating. The latter type of sponsorship is done through form I-864 affidavit of support which must be signed by a permanent resident or US citizen.    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

Hello Anonymous, Your husband can apply for a visitor's visa at the nearest U.S. consulate abroad so he can visit the U.S. for the birth of your baby. You should start the planning process for the visa application by consulting with a local immigration lawyer in your city to discuss the visa requirements and your particular situation so that you can get the best possible outcome. Good Luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be legal advice. You should consult with your local immigration attorney for specific legal advice for your case.... Read More

Assuming that you do not incur a two-year foreign residence requirement by virtue of having taken a J-1 exchange visitors status, you would have to have an institution give you J-1 acceptance paperwork and have that approved in a change of status application from F-1 to J-1 from U.S.C.I.S. That agency may be curious as to why you must have a J-1 after having had a recent period of OPT training. It might be better for you just to wait for your wife to sponsor you and for you to obtain an EAD based upon her sponsorship.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

US permanent residents are not allowed to bring in fiancée's as is the privilege of US citizens. If your sister-in-law is in Mexico, she would not be given a visa to come to the US to marry a US resident. If she is able to obtain some other type of visa, she might be able to marry during the time that she is here. Lacking that situation, the permanent resident would likely have to travel to Mexico to marry her and then petition for her under the F-2A category for the spouse of a permanent resident. Currently those who filed by September 2013 are eligible to receive immigrant visas. So it would appear that the waiting time will not be too long.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