Wisconsin Immigration Legal Questions

Assuming that you did not obtain your permanent residence through adoption, you should certainly petition for your mother. I will also assume that your mother is overseas. The time involved would be approximately two years if she is overseas. You would have to fill out and send the I-130 petition for alien relative to USCIS to begin (you can access the USCIS website at www.uscis.gov for all the forms and instructions); wait about a year for the USCIS adjudication; and upon approval, you and your mother would begin working with the National Visa Center of the US Department of State to prepare all of her other documents for an immigrant visa interview at the American Consulate or Embassy in her home country. As for your aunt’s petition, you can largely ignore that except to notate it on the I-130 form where it asks whether your mother has ever been petitioned before. 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

fiancée visas are issued overseas at the US consulate. A US citizen can sponsor his fiancée for a K visa, and once the visa is issued, the foreign national will travel to the United States but must get married within 90 days, after which that for national could be sponsored for a green card.... Read Answer

I agree with Mr. Black.  It is her vaccination status, not your's, that is an issue.  The law governing non-immigrant visa issuance requires a consular official to presume immigrant intent.  Your girlfriend may be required to overcome that presumption in order to secure a non-immigrant B2 visitor visa. This can prove challenging if your girlfriend is a nanny who lacks the funds to travel and who's sole purpose is to meet up with her American boyfriend.  The presumption to uphold immigrant intent and deny the non-immigrant visa can prove to be overwhelming to a consular official. Therefore, you may need to consider getting vaccinated 'or' get timely Covid19 tests in order to travel to visit her, and return, depending upon the nation that you intend to meet within.  Otherwise, you may not be allowed to get on the plane. Given the situation, it is usually in your best interests to meet her and petition her as a K1 fiance, due to the extreme processing delays.  There are 'very limited exceptions' to avoid a meeting.  An effort to file for this exception that is denied means that a second K1 will need to be filed, again.  Upon admission, this will allow the two of you to spend some time together. This, in order to determine whether to get married.  If there is a decision not to get married, then she will need to leave within the 90 day period.  If there is a marriage, then additional paperwork may be filed. It is best to find a competent and experienced immigration attorney who will review the situation.  This will allow time to ask enough questions to help determine the best option.... Read Answer

Assuming that the petition is not approved, and you have only filed once, you would not be considered a multiple filer. The instructions to the I-129F form define who is considered a multiple filer: 1.     You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or 2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition. 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 facts as you have presented them, it may be difficult for you to pass the public charge requirement. If you have independent means of support, that may help. If you or your girlfriend have close relatives with US citizenship or permanent resident status, they could perhaps assist with co-sponsorship. On the public charge issue, USCIS will consider a totality of circumstances to determine whether you should be approved, denied, or required to post a public charge bond. 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

Assuming that you still do not have final visa availability at the time that your son turns the age of 21, your son may decide to put in an application for F-1 change of status although there is a good chance that it will be denied because of the immigrant intent that he has exhibited through filing the I-485 application. Barring a change of law, your son is only given credit under the CSPA for the period of time that the I-140 petition pended with USCIS. I note that as long as anyone's I-485 application is pending, he or she may continue to stay, study, and work (as long as he or she has employment permission). Hopefully some new law is passed that would alleviate his situation if you encounter the worst case. 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

Yes you can act as both her sponsor and her financial sponsor if your income meets the requirements. An overstay would not be an obstacle if you petition her as a citizen spouse. Consider working with an attorney to represent you from start to finish so the case is processed correctly. The slightest mistake can result in long delays or worse. Some of us charge a very affordable flat fee and counsel anywhere in the USA can represent you. ... Read Answer

Unfortunately as you probably know by now, there was no stepparent-stepchild relationship established for immigration purposes when you adopted your daughter at the age that you did. She will have to seek to immigrate through some other means. She could possibly do it through employment in the way that many students currently immigrate to the US through graduating from college, obtaining practical training and perhaps later in an H-1B specialized occupation visa status, and having the employer then sponsor her under labor certification for the green card. Such would entail testing the American job market to ensure that she would not be taking away a job from a US worker who is able, willing, qualified, and available to take the position. 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

For emergency situations involving hospitalizations and imminent peril, U.S.C.I.S. may agree to expedite an application. In your situation, you may decide instead to apply for and request an expedite on an I-131 reentry permit application which acts as a travel document. To do such, you would file the application with fee and at the same time request the expedite including all evidence of the medical emergency of your mother. You could do the same with your citizenship application by writing to the U.S.C.I.S. service center or local field office which is holding your citizenship application at present. 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

The determinative factor in whether you can go through with the interview is whether you will be considered under the age of 21. Age is frozen when the priority date is reached. You are also given credit for the length of time that the I-130 petition pended with U.S.C.I.S. before approval. If in doing the calculations you are under the age of 21 when your age is frozen, you can immigrate under the F-2A category.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

An I-751 application to remove the conditional basis of residence status currently has a fee of $680 payable to the US Department of Homeland Security. If you are inquiring about lawyers fees, those vary from attorney to attorney and also depend upon the complexity of the case. You may wish to make an appointment for consultation with an immigration lawyer.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

You would first need to divorce. Once your divorce is final, you can remarry. However, your L-2 status will terminate upon operation of law immediately upon your divorce being final. You will begin accruing unlawful presence. You may marry the U.S. citizen while in the country and pursue a green card. USCIS will effectively forgive your being in the U.S. without status but it can be risky if things do not work out as planned. You can read more about family-based green cards at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Unfortunately, there is no timeframe in which security checks must be completed. Have you attended an infopass appointment? Have you contacted your congressional representative? Have you contacted the ombudsman?  Becoming a citizen will not make the security checks happen faster. I would encourage you to at least consult an attorney.  You can read more about family-based immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Each family member would need to apply for a visitor visa in order to come to the U.S. for a brief visit. The process is initiated by filing a DS-160. This family will likely have difficulty obtaining visas unless they can show strong ties to Gaza. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

Keeping the husband’s name although divorced is a common practice. I do not see why having your husband’s last name would cause you to be placed in secondary inspection at Chicago. Perhaps you would have a different result in entering through another port of entry. 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

Based upon the information provided your options are extremely limited. Children under the age of 21 cannot petition for you to receive an immigrant visa. You may be able to seek prosecutorial discretion to have the case closed or voluntary departure, but other than that there appear to be no other options. You should schedule a consultation with an attorney to discuss the options and your situation in more detail. With additional infornation may come addition options. You can read more about removal defense at http://myattorneyusa.com/removal-and-deportation-defense.... Read Answer

Based upon the information provided, you do not appear eligible for a U visa. You must be a victim of a qualifying crime. A car accident is not necessarily a criminal offense. In addition, you have to have assisted or will assist, law enforcement in the investigation and prosecution of the offender. You can read more about U visas at http://myattorneyusa.com/u-nonimmigrant-status-u-visa.... Read Answer

It is extremely unlikely a fiancé visa will be issued in less than three months. Current USCIS processing times for the fiancé visa petition is five months. This is only the initial step. After USCIS approves the petition your fiancé still needs to apply for the actual visa. Depending upon the embassy involved this process could take several weeks to several months depending upon document requirements and interview availability. You can request the matter be expedited, but exepediting will not necessarily get him here in less than three months. You can read more about fiancé visas at http://myattorneyusa.com/k-1-and-k-2-visas-for-fiancees-and-derivatives.... Read Answer