West Virginia Immigration Legal Questions

Are you a US citizen? If so and she entered the country legally then yes you can sponsor her for her green card despite that she is currently out of status. However if she exits the country before she becomes a permanent resident she may not be able to get back in. There are many forms and documents to prepare and file as well as a years long process of waiting. Consider working with an attorney to represent you from start to finish. Some of us including me charge a very affordable flat. Counsel anywhere in the USA can represent you. ... Read More

A passport regardless of whether expired or not can be used in support of filing the adjustment of status application. At the time of final adjudication, a valid passport is still not required. 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

It depends upon the type of visa your friend is requesting. For example, if your friend is pursuing an investor visa (E visa), he must show he has the funds to invest. If, however, your friend is coming on a student visa, he needs to show sufficient funds to pay for his studies and living expenses. Your friend should consider consulting an attorney directly. In the interim, you can read more about investor visas at http://myattorneyusa.com/e2-treaty-investors-visa.... Read More

If your job was terminated while your OPT STEM extension application is still pending, perhaps the best thing to do would be to quickly obtain employment in your field with another employer who is under E-Verify. You should also notify your DSO of your changed circumstances when you obtain your new employment. 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

Although you may have kept your permanent residence all these years because you've been working abroad for a US company, that work would not count towards giving you physical presence in the US. You might be able to file for citizenship when you fulfill your 2 1/2 years of physical presence. 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 wife is still entitled to use her 10 year tourist visa after your marriage, but she must convince the immigration officers when she arrives that she is only coming on a temporary basis. She should tell the truth every time she comes to the States. She should also understand that the visiting visa does not entitle her to stay long periods of time in 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.  ... Read More

Thank you for your message.  I highly recommend that you find a joint sponsor who can be anyone - relative, friend, co-worker, employer - who is a U.S. citizen or permanent resident.  The joint sponsor does not have to live in your community so a family member or friend living in another state can be the joint sponsor. To determine if the joint sponsor has sufficient income, check the poverty guidelines at www.uscis.gov/files/form/i-864p.pdf for the necessary income levels.  The joint sponsor must count everyone who he or she claims on his or her income tax return plus one more for your husband. If a joint sponsor is completely out of the question, then you need to increase your income or your husband needs to find lawful employment.  Did your husband request a temporary work permit when you applied for adjustment of status?  If so, then his employment is now lawful and it can be counted.  If he did not request a temporary work permit, he should do so.   If you are not able to satisfy USCIS within 45 days, you can ask for an extension, but extensions are rarely given in such situations.  The application could be denied and your husband could be referred to Immigration Court for deportation proceedings.  In Immigration Court, he can renew his request for adjustment of status based on your marriage. I recommend that you contact an experienced immigration attorney to assist you. Good luck, Mark J. Curley Curley Immigration Law Office. www.curleylawoffice.com... Read More

Dear Sir, Thank you for posting your question.  Unfortunately there is not a category for fiances of LPRs to receive any sort of visa under current law.  If you fiance entered the US while on tourist visa, you may see if there is a way for her to remain in US legally through another visa category.  The key is for you to become a citizen and then you could petition for her at that time.  One of the things that you must watch out for is whether your fiance entered the US to gain immigration benefits while presenting herself as a tourist.  This is a significant issue that you must take into account.  In other words, if your fiance applied for the visitor visa but her true intention was to gain immigration benefits after her entry, it might be viewed by the USCIS to have not been forthcoming which could complicate her immigration process.  I would advise you to seek consultation with an experienced immigration attorney. Please let me know if you have any questions. Gus M. Shihab, Esq. The Law Firm of Shihab & Associates, Co., LPA... Read More