Wisconsin Immigration Legal Questions

Hello. I would need more information about your job in the US and for the foreign company. It may be possible to qualify as an International manager or executive for a green card application (even though you came on L1b). Can you email me your resume or more information about both jobs? Here is my direct email: Harun@ksvisalaw.com ... Read Answer

U.S.C.I.S. is generally not interested in going after the parents of someone who is the spouse of a U. S. citizen. Immigration examiners may ask concerning who else lives on the premises, but those questions are usually probative of whether the marriage is bona fide.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

Travel is not a good plan during the time that an H-1B transfer petition is pending. Even if you have a valid visa in your passport from your present H-1B, you would not be admissible under the I-797 approval of the present employer since you no longer will work for the employer upon your return to the US. Without a new approval letter from your second employer, you are not admissible and the proper course would be for you to wait overseas until the H-1B transfer petition is approved.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

Your wife can file I-130 relative petitions for her two children who are over the age of 21. She is entitled to apply for her children whether they are married or not. If one is getting a divorce and the other one is single, they would both ultimately immigrate under the F-1 category (single son or daughter over the age of 21 of a US citizen) as long as they remain single. For the month of January 2014, visa availability is open to this category for the date of December 8, 2006, which means that they will be waiting approximately 7 years to emigrate.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

As no crime has been committed and the woman from China does not appear to have committed an excludable act that would bar her from the States, there is nothing that Immigration would do to force her departure as long as she maintains her legal nonimmigrant status. If you really believe that your husband is cheating on your marriage, you may reconsider starting divorce proceedings.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

As you have already applied for your sister's immigration by filing form I-130, many consular and immigration officers may believe that she has immigrant intent and give her a hard time in obtaining other types of visas based upon nonimmigrant intent. Such is the case with F-1 student visas although in a situation involving F-4 processing which takes so long, consular officers may be more sympathetic where they believe that the applicant will be a bona fide student and return to the home country at the end of the period of schooling. If your country has a treaty of navigation and commerce with the US allowing E-1 treaty trader and/or E-2 treaty investor visas, your sister upon establishing a company in the US doing 51% trade with the country of her nationality (E-1) or investing in a business in which she is the majority owner (E-2) might be able to obtain such visas which occupy the gray area between nonimmigrant intent and dual intent (nonimmigrant status allowing intent to immigrate). In addition, if either of your parents is a US citizen or permanent resident, he or she could apply for your sister's immigration under either the F-1 class for unmarried sons and daughters over 21 of US citizens or F-2B class for unmarried sons or daughters over 21 of lawful permanent residents. (I assume that your sister is either over the age of 21 at this time or that she will turn 21soon from your consideration of the fiancée petition for her immigration). Placing your sister in another line for immigration may quicken the process. 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

Once your husband becomes a U.S. citizen and files an immigrant petition for you, there should be no problems. If you have a legal entry into the U.S. and no disqualifications (like criminal convictions, history of immigration law violations, or being a threat to the public safety), you will be eligible to adjust status and receive a green card on the basis of an immigrant petition of your U.S. citizen spouse regardless of an overstay of your visa. Your pregnancy would strengthen your case because the Immigration Service's main concern is whether your marriage is real (not just to get a green card). The process of adjustment of status usually takes about half a year (it can be as fast as 3 months, and as long as a year). I would not recommend trying to extend your B2 status. First of all, under the circumstances, your application will be denied, and you will end up wasting money for the application fee. Worse, by filing an application for an extension of your non-immigrant status you would represent to the US government that you want to stay in the U.S. just a little bit longer but intend to go back to your country. It is *always* a very bad idea to lie to the government. It would eventually become clear that you were married to a U.S. permanent resident and pregnant with his child at the time when you filed the B2 extension application. USCIS would conclude that you committed a visa fraud - and deny your application for adjustment of status.... Read Answer

You file the I-130 on his behalf regardless of where he is. If he is in the US, he can also file the adjustment of status application. If he is in Canada and will go through consular processing, you will need to file the I-130 and once it is approved, it will be forwarded to the consular stage for visa processing.... Read Answer

If you are a US citizen and your boyfriend came legally to the country, you would be eligible for adjustment of status to permanent residence if you married. In such case, he would not have to leave the country. If you are a US citizen and your boyfriend entered the country illegally or under another status under which he is not adjustable in the States, he would have to leave the US to obtain an immigrant visa if you married and sponsored him. Under the new I-601A regulation, he would be able to apply for a waiver of the 3 or 10 year bar incurred by his illegal stay while in the US and before he decides to travel outside the country to attend an immigrant visa at an American consulate or embassy in his homeland. USCIS will begin to accept such applications on March 4, 2012. If the waiver is approved, the projected time outside the United States would be roughly a month if all goes well. An immigrant visa interview at that point should be fairly routine as the most difficult part of his immigration should be overcome by the approval of the I-601A waiver. On the other hand, if you are not a US citizen or do not plan to marry, your question does not give enough detail to speculate on other ways that your boyfriend might immigrate. As to your other question of how much it would cost to fix his situation, every attorney has his or her own rate. It would also depend upon which situation you and your boyfriend would present.  ... Read Answer

I will assume that your fiancée is still holding legal visiting status in the States. If your fiancée is currently in America just visiting, your alternatives would appear to attempt to adjust her status to permanent residence while she is here or having her return to Japan at which point you can either apply for a K-1 fiancée visa on her behalf or begin the I-130 relative petition process for her green card. If staying here to adjust status, she may have to explain that she did not have that purpose in mind when she entered the US. A K-1 fiancée petition will usually take approximately 6-9 months while an I-130 relative process approximately one year.... Read Answer

Most of your questions cannot be answered without more information.  One can travel to the US as a non-immigrant for a variety of reasons (tourist, student, etc.), but one must always return to one's home country.  Travel to the US as an immigrant is more difficult--it requires a close relative or an employer who cannot find qualified workers here in the US (not very likely for most types of work).  You should contact an attorney to work through a path for your friend to come to the US.... Read Answer

Permanent resident status requires either a family member or employer sponsor.  If your relationship is serious enough to consider marriage, that would enable your friend to travel here on a fiance visa to marry you here and apply for adjustment of status to that of a permanent resident, or you could marry in the UK and apply for an immigrant visa through the US consulate there.... Read Answer