Immigration Legal Questions

Petty theft for immigration purposes is generally regarded as a crime involving moral turpitude. I assume that when you say that you have two petty thefts against you, you either pleaded guilty or were convicted. In such case, the difficulty as I can see it is that you have two, and as such, are subject to removal proceedings. The exception to removability is where both petty thefts arose from a single scheme of criminal misconduct, at which point you would not be removable. If they were separate episodes not arising from a single scheme, you may wish to consult an attorney familiar with criminal law about the possibility of reopening one of the petty thefts and obtaining a more favorable disposition that would be acceptable for immigration purposes. I note that in the event that you are ever placed in removal proceedings, having a good record other than those incidents along with being the mother of two US citizen children would help your case for a favorable outcome. 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 More

There is a possibility that your sister who is on food stamps may be able to provide an affidavit of support for you as the form does not ask whether the financial sponsor has received government assistance. But please note that any government assistance or unemployment monies cannot be the basis for the financial support. Insofar as your brother is concerned, a person who just began working and has no other history of paying taxes or having considerable assets would be a poor candidate to provide an affidavit of support. 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 More

When you marry a woman with children who are not yours, they become your stepchildren under US immigration law if they are under the age of 18 at the time of your marriage. Assuming that was the case, it would appear that DNA testing should not have been a requirement for the children’s case so long as you have a bona fide marriage with their mother, and that the marriage was not entered into just in order to accord US immigration privileges. There is a possibility that the consular officer may have been concerned about the bona fides since your spouse was probably accorded the immigrant visa based upon her ability to satisfy the bona fide requirement – which burden may have been less in light of the representation that you had common children. 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 More

Kindly first understand that USCIS does not make fast determinations, and so any change of status application will likely not be adjudicated until the time that you have left the country. Perhaps if you take this step, you should notify USCIS upon your leaving and request to withdraw the application as of the date of you leaving. As to the impact of your dropping out of school on a future F-1 application, an adjudicator may wonder whether it is a good idea to give another visa to an applicant who has not shown that he or she has been a good student in the US under the previous visa. 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 More

From the time that a US citizen sponsors a spouse, it takes roughly 18 months before the marriage interview to get the green card. When you file the case, you can request advance parole, but that takes 10 months to obtain permission to travel out of the country, pending the adjustment of status case.... Read More

With the second-round selections on H-1B’s, petitioners have until October 31, 2023, to file the H-1B petitions. If you have plans to return to the US in the short run, you may wish to continue the F-1 visa interview process. If you plan to stay in India until after the H-1B petition is approved, then you may wish to wait until that time to schedule the H-1B visa interview over there. At this time, appointment times for H-1B are extremely reasonable. 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 More

That depends on his situation. At the age of 18, you have passed the age of consent and are free to marry without parental consent in any state of the union. You can petition for him assuming that you are a US citizen or permanent resident. Whether his immigration case will be successful depends upon his total circumstances, e.g. mode of entry, past problems with police or Immigration, etc. I suggest that you have a consultation with a lawyer with experience in immigration law. 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 More

  You unfortunately appear to be stuck for now with your unlawful status. Even if you were able to sponsor yourselves through an EB-5 investment program, EB-1C multinational executive or manager petition, or even labor certification/I-140 petition with another employer, you would generally not be allowed to adjust status, and would find that upon leaving the US to interview for an immigrant visa, the 10 year bar against reentry for having an unlawful stay for one year or more in the US would apply to you. In your situation, probably the only way that the 10 year bar could be waived is if you have a US citizen or permanent resident parent and it would cause extreme hardship to him/her if your immigrant visa could not be approved (I-601A program). If your wife has such parents, she might possibly be the principal applicant for immigration if she can prove that denying her an immigrant visa would cause extreme hardship to her parents. 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 More

Some individuals on B-1/B-2 visas have been able to change to work permits (some sooner than others), but that depends upon the particulars of the individuals’ situations. You may wish to consult with a lawyer experienced in immigration law. 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 More

Under a guidance change some time ago, those who timely file for F-1 change of status are not required to file for an extension of the B-2 status. As to your question of the likelihood of being approved, I cannot say, but in our experience, USCIS approves more requests for change to F-1 status than it denies. 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 representationguidance 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 marriage of a beneficiary of an F-4 sibling petition has no effect upon the approvability of a petition. The marriage of course should be bona fide and not for purposes of merely assisting the other party in obtaining an immigrant visa. 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 More

On taxes, you will have to fill out the I-864 and attach a statement as to why you have been exempt from the filing of US taxes. Given the fact that you have not been filing, you should find a joint sponsor to file another I-864 support affidavit unless you have sufficient liquid assets to cover the amount required to sponsor your spouse (I assume that this is for your spouse as children of US citizens are generally US citizens by birth and do not require sponsorship). For that, you would have to look at the poverty guidelines on form I-864P to ensure that you have sufficient assets (three times the required amount). Presentation of job letter, payslips, and non-liquid assets may assist in swaying an immigration officer of whether you are fully capable of supporting your wife and other members of your household. In the event that you are uncertain on this point, you may ask a close friend or relative to file a joint I-864 for your wife. 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 More

Whether you file the I-485 petitions depends upon your intent and that of your parents. If they wish to return overseas soon, you would file separate I-130 petitions for them, and they would consular process their immigration later on forms DS-260 Application for Immigrant Visa with the National Visa Center after the I-130 petitions are approved, and interview for the immigrant visas at the designated embassy or consulate in their home country. If you and your parents decide that they should remain in the US, you can file concurrent I-130 petitions (one for each parent) along with I-485 applications (again, one for each parent). 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 More

Inasmuch as you only stayed in the US on H-1B visa status for 1.8 years out of the total allotted stay of six years, you appear eligible for a cap exempt visa petition. If approved and you pass the consular interview, you would have 4.2 years left on the H-1B visa if your count of 1.8 years is correct. 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 More

In your case, unlawful presence only begins 180 days after the I-539 application is denied, assuming that the I-539 was timely filed. If not timely filed, unlawful presence would begin 180 days after the date that you fell out of status. 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 More

Applying for citizenship does not mean that your child can automatically attain a citizenship certificate as soon as you obtain yours although he may be able to apply for and obtain a US passport. For a certificate, USCIS requires such children to file form N-600 Application for Certificate of Citizenship after you obtain your citizenship, which is a drawn-out process. If you are concerned about obtaining a certificate for your son, it might be faster for him to file his own N-400 naturalization application as soon as he turns 18 rather than filing an N-600. 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 More

Fast tracking is very difficult to do in light of USCIS 's stringent requirements for expediting. You can track I-130 processing times by accessing the published processing times of USCIS and the online status system of the agency. Both can be accessed from the agency directly or through our website homepage at www.alanleelaw.com. If you filed the petition online instead of paper filing it, you can access your online account and go to the myProgress tab, which gives you a more personalized experience with tracking your I-130 petition. Please note that if you are sponsoring both of your parents, you need separate I-130 petitions. 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 More

The general rule is that if a foreign national enters the United States on a temporary visa and marries a US citizen within 90 days of arrival, there is a presumption that the immigrant concealed his intent upon entry. You could always get married before the 90 days, but your petition for a green card will receive stricter scrutiny. I suggest that you work with counsel to handle your case from start to finish so that the process goes smoothly. Some of us charge a reasonable flat fee to handle the case from start to finish with no hidden costs.      ... Read More

The I-765 employment authorization application is an ancillary application to the I-485 in your situation. It cannot be based upon the I-130 filing. If and when you file the I-485 application, you can file the I-765 EAD application at the same time. For your information, if you are otherwise eligible to adjust status, you can file the I-485 during the time that the I-130 petition is pending. 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 More

USCIS will allow a change of name on its forms where there is a marriage and the marriage certificate is provided. If you are using the new name, you should sign with your new name. You can put your married name on the first page and your maiden name on the second page under "Other Names Used". The rest of the process should be the same as your other DACA renewals. 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 More

If you have established eligibility for a new EAD, you would normally be able to apply and receive the new EAD. I note that your fact situation is lacking in detail, and so the answer provided is one given for cases in normal situations. 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 More

To expedite an immigration petition or application is very difficult and the reasons do not include escaping the slow line of adjudications. To your other questions, USCIS decides the venue of the office that will adjudicate the I-130 petition. You cannot pick to have it transferred to the USCIS field office in Helena. What you can do, however, if your husband is not subject to a two-year home residence requirement by virtue of his J exchange visitor visa or inadmissible for any other reason, is to file the I-485 application at this time. By doing it in this way, your husband may be able to have the I-130 consolidated with the I-485 and either have the interview waived or have it held in Helena, if that is your residence. 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 More

As you probably know, you can only a form I-485 adjustment of status application if your priority date is current. For you to legally file such adjustment, your priority date on the F-3 petition would have to be before March 1, 2010 unless you are from Mexico or the Philippines, in which case it is a much longer wait. Assuming that you are able to file for the adjustment of status, you can also file for an I-765 application for employment authorization as that is an ancillary application to which adjustment of status filers are eligible. You would also be eligible to file for I-131 advance parole to leave the US temporarily during the time that the adjustment of status application is pending. 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 More

Whether your wife will be able to come to the US on her present B1/B2 visa during the time that her green card application is pending depends upon whether she is able to convince Customs and Border Protection (CBP) officers at the airport or the port of entry of her intention to only stay in the US for a short period of time and then return to the home country. Having an I-130 petition marked for consular processing overseas is helpful. The temporary visit should not be with the intent to cover most of the waiting time and only have your wife return for a consular interview. 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 More