Immigration Legal Questions

More than likely, you will not have a problem coming back to the US. The fact that you have not been convicted or pleaded guilty to the charge is in your favor. You should be aware, however, of something called prudential revocation of a visa in which the American consulate or embassy overseas hears about your arrest and revokes the visa. If you are outside the country when that is done, you will lose your ability to return on that particular 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

You can find lawyers through your Bar Association, newspaper advertisements, television, the Internet, the Martindale Hubbell list of attorneys, list of Superlawyers, and for immigration attorneys, nationality newspapers and the American Immigration Lawyers Association, etc. 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

Prior to 2015, changes of location for H-1B holders were not important. That changed with Matter of Simeio Solutions LLC, a decision in which the Administrative Appeals Office (AAO) of USCIS upheld the revocation of a petitioner’s H-1B petition due to changes in the beneficiary’s places of employment, which were not communicated to USCIS. In your case, your transferring from New York City to Philadelphia is not within the same metropolitan statistical zone, and so your employer will have to file a H-1B amendment with USCIS to allow you to legally work in that location. The amendment requires the submission of a new I-129 with documentation and new labor condition application (LCA). 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 have been outside the United States for 12 years and the green card only allows you to be outside the US for less than one year, it is highly doubtful that you will be allowed entry is a returning resident. I suggest that you think about other options by which you can immigrate to the US without relying on your prior green card 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

I am not quite sure of the tenor of your question. A B-1 visa is for a person coming to the US for business purposes. Such entry is not for work, and you cannot apply for an employment authorization document (EAD) based upon a B-1 visa. If you enter under refugee status, you are allowed employment authorization upon being admitted to the US and having the EAD submitted and approved. The current processing time is approximately 4.5 months. If you are applying for asylum, you need to wait 150 days after the application is filed before filing an EAD application. Current processing time is approximately 30 days for initial applications according to USCIS published processing times. 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 gain an exemption from being able to read or write any language, an applicant must have a medical disability. Then an N-400 naturalization application can be submitted with form N-648 Medical Certification for Disability Exceptions. The medical disability would have to be certified by a doctor of medicine, doctor of osteopathy, or clinical psychologist who would have to provide diagnosis and prognosis of the applicant. The medical professional would explain the nature of the disability; that it is not related to drugs or alcohol; how it impairs the ability to read and write; and whether the condition is temporary or will continue. 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 you will be able to secure an EAD under compelling circumstances if your condition is verified by a medical professional. If you are not aware, you should know that this type of relief does not keep you in valid nonimmigrant status, and you would most likely have to consular process your NIW application when the priority date is current as your having no valid nonimmigrant status may well prevent you from adjusting status in the US. You say that your partner is on an F-1 visa and that your understanding is that you cannot apply for F-2, but there may be a possibility that you can do such since you have not filed for the I-485 application at this time. It will be up to USCIS as to whether to approve the change of status. Kindly note that you can only apply for F-2 status if you are legally married to the F-1 holder. 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 reading your fact situation, it does not appear that you have violated status at any time and that you actually made trips back to the home country during the time that you have been holding F-1 status. You appear to have a position, teaching in the Dallas ISD, that would not generally be subject to question by the US Consulate. As such, barring any unknowns, I would assess your chances of obtaining a visa to reenter the US under H-1B status to be as good as or better than other applicants. 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

A US citizen can sponsor his father for a green card as long as the father entered the United States with permission. This is despite the fact that the father is out of status. You file the I 130 together with the I 485 and the I 765 and you can get a work permit for Dad pending the adjustment of status interview. However, here in Florida the i 765 is taking about 9 to 12 months to process. Often times, the green card is issued before the I 765. So it would make more sense just to file the 485 now with the 765.   ... Read More

As you are renewing your visa, you should be able to renew without your spouse being present as the American consulate has already granted F-1 and F-2 visas to your spouse and you previously. You are of course subject to all other considerations of nonimmigrant visa renewal including showing that you and your spouse have been maintaining valid F-1/F-2 statuses in the States. On the possibility of renewing the F-2 visa in the US, the current immigration law does not provide for that convenience although such may happen in the future. 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 a US citizen, you cannot directly apply for your mother-in-law’s B-2 visa as that is an application made by her personally. However, you can supply her with a support letter addressed to the American consulate or embassy guaranteeing her financial support while she is here and that she will return to the home country at the end of her period of visit. You can fill out an I-134 affidavit in support and include such as your job letter, bank letter, and tax return. 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 an EB-2 NIW case, USCIS may consider whether the applicant will be working in the field of national interest. If it becomes apparent prior to the approval of permanent residence that the applicant will not, that is grounds for USCIS to send a notice of intent to revoke the I-140 petition or to deny the adjustment of status or immigrant visa. If you have already attained your permanent residence, USCIS would probably not know about your change of field unless someone notifies the agency or it is disclosed if and when you apply for naturalization. Time may also play a hand in this if you have already attained permanent resident status and worked in the field of national interest for a period of time, e.g. six months after the grant. In such case, you would likely be seen to have shown the requisite intent to work in your field at the time you received your resident 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

Assuming that the I-140 petition was not timely revoked by the petitioning company and it is not later automatically revoked by visa availability having been reached, you should not have to go through the H-1B selection process again if you decide to rejoin your company or to move on to another company under a new H-1B petition. The company that you approach should be able to file another H-1B extension petition based upon your approved I-140. 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

Dependent upon how observant the adjudicating immigration officer may be, he or she may consider what effect (if any) the child would have on your VAWA case, and also why you would have failed to mention a child in your I-485 application. For any concerns, an immigration officer can issue a Request for Evidence (RFE) or other inquiry giving you an opportunity to respond. I cannot tell you what the potential consequences could be in your case as I am not aware of your particular facts. 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 no maximum time limit for traveling outside the US when holding H-1B status, but you should be able to convince Customs and Border inspection that you still have a bona fide H-1B job in the US. A job letter confirming your continuing employment may help. I note that we have had H-1B clients who traveled outside the US for longer periods than you are contemplating and returned without incident. 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

Your mother can apply for you to obtain the green card, but the timing and steps involved will depend upon how you came into the United States and how old you are at present. If under the age of 21 and entered the US with a nonimmigrant visa or parole, you may be immediately eligible for adjustment of status in the US. If between ages 18-21 and you entered without inspection, you might be eligible for the I-601A program under which your mother would petition for you on form I-130 Petition for Alien Relative, and after approval, you would apply for an I-601A waiver application to forgive the unlawful presence in the US, and upon approval, travel back to the home country for an immigrant visa interview and if successful, return to the US. This would take approximately 3-4 years given the present backlogs although it could be sooner as USCIS is establishing a new virtual service center, HART, which will concentrate on certain applications, among which is the I-601A. If over the age of 21 by the time that your mother files for you, you would fall into another category, F-1 adult son of a US citizen, and the timing would be approximately 7-8 years. If you have left or will leave the US before reaching the age of 18, you would not have to do an I-601A waiver if you entered without inspection, and your mother could simply file the I-130 petition and upon its approval, you could consular process your case at the American Consulate in your home country, and that situation would take approximately 1 ½-2 years dependent upon the speed of processing at USCIS and the American Consulate. 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

Your wife’s case is undoubtedly under administrative review, where reviews can be short or long. It appears that you have done just about everything that you can. You can either continue to wait and do what you have been doing or engage an attorney to file a lawsuit against the Department of State which may or may not be successful in getting the post in Pakistan to make an adjudication. 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

I suggest that you obtain a complete copy of his immigration file in order that an immigration attorney can determine the complexities of your husband’s case. Your husband or his representative can obtain a copy through the Freedom of Information Act. 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

We are not involved in family law, but the determining factor in divorce actions and custody is generally what is in the best interest of the child. Your being the principal visa holder could be a factor in that consideration. 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

Your mother can file for a nonimmigrant visa during the time that you have filed an immigrant visa petition on her behalf. The decision of whether to approve the nonimmigrant visa will be up to the American consular officer in a determination of whether he or she is convinced that your mother will return to the home country after the brief period of visit. She must put down on the DS-160 application form that you are in the United States and that she has had an immigrant visa petition filed on her behalf. 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

Being denied under INA §217 means that she is not allowed to come in with visaless travel. She should make an application with the American consulate or embassy for a visitor or other appropriate visa to the US and be prepared to explain and overcome the basis for the refusal by CBP to allow her entry. 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

Thank you for your questions. 1.) Whether your mother will be able to obtain another visa without interview will be up to the consular officer. Your mother would first submit the DS-160 visa application form, and then log into the online application system, create a profile to pay the visa application fee, and upon choosing “Schedule Appointment”, she would answer interview waiver questions to evaluate her eligibility to apply for a visa without the interview. I note that a requirement is that your mother is applying in her country of nationality or residence, one of which is assumedly Vietnam 2.) When you ask whether there is any negative impact on her application, I assume that you are asking whether applying for a waiver of interview will have a negative impact, and I do not see why it should – if the waiver of interview is not granted, your mother will simply go to the scheduled interview. 3.) Technically, your mother is considered an overstay since she was only authorized to remain in the US until September 2020 and the extension application was not approved. That being the case, she can put down an explanation for the question of whether she has “ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of the US visa.” Her situation of overstaying during the pandemic has been fairly common and known to most consular officers. 4.) Generally speaking, Customs and Border Protection officers will assume that your mother was cleared by the State Department for a new visa. In addition, she can bring her documentation with her to explain her past situation of having to remain in the US. Finally, a trip to the US by a B-2 holder who has not been in the US for over two years would not usually raise the antennae of most inspectors, especially if the individual attempted to maintain status during all that previous stay. 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 marry a US citizen, there is no bar to adjustment of status for overstay. We have successfully adjusted to permanent residence those marrying US citizens who were overstays in the country for years. The main concern is whether the marriage is bona fide. If you are lucky enough to find a position in which you can be sponsored to remain in the US prior to your divorce becoming final, you can apply for a change of status to the eligible category. If you have sufficient means or a financial sponsor, you may decide to attend schooling in the US under a F-1 change of status. You may also check periodically to see whether nationals or residents of your country are eligible for beneficial programs of the US government, such as Temporary Protected Status (TPS) or Deferred Departure. 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

Given the instructions, it appears that you should put down Soviet Union. I believe that most if not all USCIS personnel would not hold it against someone putting down Russia as opposed to the Soviet Union on a green card application. Putting down one or the other would in no way comprise a ground of misrepresentation. 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