Immigration Legal Questions

As a DUI is neither misdemeanor nor felony, the DUI should have no effect upon the renewal of your green card. I assume that there were no aggravating factors. 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

It is always possible to switch to another immigration attorney, but a few words of caution – your next attorney will probably want to see a copy of the entire file as he or she does not wish to be surprised by anything in your background or that has already been revealed to USCIS. You should ensure that your present attorney has your address or email so that he or she can send you copies of any communication received from USCIS. Also, your new attorney may very well be charging you a fee in excess of what you expect to pay. We have seen many times individuals who believe that they should only pay for part of the case because the former attorney did some work. To your new attorney, this is a new case, and he or she will have to go over the work that was previously done and remedy anything that may be deficient. 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 your mother is not barred by any of the other provisions of the Immigration and Nationality Act such as fraud or misrepresentation, crime, or having reentered the US on or after 4/1/97 after having been previously removed or spending one year illegally in the US, you should be able to petition directly for your mother and have her come back since she has already been out of the US for more than 10 years. She will of course have to prove that she has remained outside the country for that long. 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 sure what 217 10000 means, but the usual advice in situations like yours would be to apply for a student visa directly at the American consulate or embassy, and explain your refusal under ESTA at the visa interview. Please note that you cannot make an application for change of status from ESTA to student.  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 expiration of your tourist visa should not have any effect upon your ability to adjust status to the green card in the US. If you decide for some reason that you would like to consular process your case rather than adjust status, you would be barred from coming back for 10 years because of your having been illegal in the US for over one year. To adjust status, you would file Forms I-130 petition for alien relative, I-485 adjustment of status application, and if you wish to obtain employment authorization or advance parole to leave the US during the time of the adjustment application, Forms I-765 and I-131. Documents required would generally be proof of your spouse’s US citizenship, marriage certificate, proof of dissolutions of all prior unions of either one of you, your birth certificate, passport, and optionally (at the time of filing) proof of bona fide marriage and Form I-693 medical examination. 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

Hello, for our clients who do not have OPT stem extension, we have sometimes changed their status to an H3 traineeship visa.  These are difficult to prove, but we have had success. It will give you a maximum of 18 months.  You can also look around for other companies to sponsor you.  We are filing employment-based cases for those with only a bachelor's degree (in fact we just to an i140 approval for an EB3 case yesterday, without an RFE).  If you would like to get a legal fee estimate, please send an email to me at dawn@legacyimmigrationattorney.com.... Read More

Although not clear from your fact situation, I gather that you are applying for both L-1B extension and change of status to H-1B. Assuming that is correct, I of the opinion that if both were timely filed within the time prior to the expiration of the previous L-1B approval, then you should be able to continue staying in the US awaiting the H-1B result even though your L-1B was rejected. If the change of status to H-1B was filed after the expiration, it would likely be seen as an untimely filing and it would be up to USCIS whether to approve it or not. As to your ability to stay in the US in that situation if the L-1B is denied, the date of denial would serve as the first day of unlawful presence. If you remain in the US for over 180 days hence, you would then become subject to a 3 year bar on admissibility unless the H-1B change of status is approved. 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 there was nothing more than an overstay on the F-1 visa status and USCIS did not give you a denial or revocation of that or a further status, and you were never the subject of removal proceedings in which you received an unfavorable decision of the immigration court, you would not be subject to the 10 year bar for overstay. Under those circumstances, you might be able to travel overseas and return with a nonimmigrant or immigrant visa. I note that an American consular officer may be reluctant to give you a nonimmigrant visa based on discretion like B-1/B-2 visitor or F-1 student. Because you are no longer legal in the United States, you would not be allowed to regain valid nonimmigrant status except to leave and return. You would generally also not be allowed to adjust status to permanent residence here unless you married a US citizen or had a USC child over the age of 21 sponsor you or you are the beneficiary of §245(i) which allows adjustment to undocumented immigrants who have a basis for such and had a labor certification or immigrant petition filed on their behalf by April 30, 2001, and last entered the US by December 21, 2000. 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

Wages for H-1B specialized occupation jobs and their acceptability to USCIS depend upon whether the sponsoring organization is able to meet prevailing wage standards as determined by the Department of Labor in the labor condition application (LCA) which is a prerequisite to the filing of the H-1B petition. I doubt that USCIS is very vested in the fluctuations of what an organization decides to pay H-1B workers within a range of wages which are all above the prevailing wage. The thing to watch out for is that the company does not reach far out for a low-wage standard in an occupation which may not fit what you are actually doing and chance receiving an RFE or denial from USCIS because of the overreach. 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

One of two general rules is that an individual must be able to show that he or she is maintaining legal nonimmigrant status for at least 30 days prior to the program start date on the I-20 form. In your case, your fact situation says that your EAD ends on 7/14/23. F-1 status includes the period of time on OPT plus the 60 day grace period thereafter. That would take you into September, and your schooling starts in September. With such a timeframe, you should be able to finish your OPT and move smoothly into your next program. As this rule applies, there is no need to cite a second rule. As to whether there are restrictions by the school, that would be between you and the institution. 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 marriage legally contracted in Pakistan will generally be recognized as a legal marriage in the United States. To get out of the marriage, your son could initiate divorce proceedings. Even without a divorce, a petitioner has the right under US immigration laws to stop the immigration process for anyone that he or she is petitioning for. If your son wishes to do so, he can notify USCIS that he wishes to withdraw the petition (if the petition is still with that agency) or National Visa Center (if the petition has already been approved by USCIS and is at the NVC) or the consulate in Pakistan (if the case has moved through the NVC and been transferred to the 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

The beneficiary of the K-1 visa petition can notify the USCIS Service Center that he or she no longer wishes to be petitioned for stating the reasons for doing so if he or she has the appropriate information concerning service center and receipt number of the petition. Your daughter can also do the same with the American consulate or embassy if the petition has already been approved and is sitting at the consulate or embassy. Please note that USCIS and the US consulates consider marriage based cases very seriously and that your daughter in the future will likely be asked to prove the bona fides of the K-1 relationship when she applies for any future US nonimmigrant or 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

I do not quite understand your stating that you were on a temporary work permit in 2015 through migration. F-1 student status would not bar you from returning to the US as long as you did not receive revocation or denial of such status or were not the subject of removal proceedings with unfavorable results. But if you changed to some other nonimmigrant status or attempted to obtain an extension or change that was denied, you would likely be subject to the 3/10 year bars for having overstayed in the US. If your overstay was over 180 days, you would be subject to a three year bar on entry. If the overstay was one year or more, you would incur a 10 year bar. You may be able to obtain a waiver for nonimmigrant purposes, but for that to occur, you would have to apply for a visa, have it denied, have the consulate agree to recommend a waiver, and have the Admissibility Review Office in the US approve it before you could return. In the event that you are not barred, you would have to apply for and receive a F-1 visa from the American consulate or embassy. The issuance of such is within the discretion of a consular officer who will have to consider the effect of your previous day on the question of your ability to demonstrate nonimmigrant intent, which is necessary for the approval of a F-1 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

The easiest way to check if one knows the “A” or alien registration number of the individual is to call the immigration court line at 1-800-898-7180. After moving through the prompts, the automated system will inform you whether there is information on the individual or not. If no information, that usually means that the person does not have a case involving removability in the immigration courts. If the individual has an upcoming court date, it will give the date and place of hearing. If there has been a disposition, it will so state and with another prompt say whether there have been any further administrative appeals or motions along with their dispositions or whether they are still 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

As you are applying for your mother as an immediate relative of a US citizen, a category that does not allow dependents, you must file for your mother first, and once she comes to the States, she can file for your brother. 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 are over the age of 21, you would not be able to have a concurrent filing of the I-130/I485 applications as the I-485 Adjustment of Status to Permanent Residence Application can only be filed where there is visa availability. For the month of February 2023, USCIS is accepting the Department of State’s dates of filing visa chart which will allow adjustment of status applications to be filed under the F-2B category for individuals in most of the world except natives of Mexico and the Philippines for whom I-130 petitions were filed prior to January 1, 2017. Without the ability to file the I-485 application, you would not be allowed an employment authorization based upon your mother’s petition as such work privilege is ancillary to the I-485 application. 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 have a very general question that cannot be answered without knowing your particular situation. You should seek consultation with an immigration lawyer. 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 definitely apply only for your father and not for your stepmother as you are petitioning under the immediate relative category, which does not allow dependents. For you to petition for your stepmother, you would have to file a separate petition. That being said, once your father immigrates to the US, he can file a separate petition under the F-2A category for spouses and unmarried children under the age of 21 of permanent residents and have his wife join him later in this country. 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 are applying for your mother as an immediate relative of a US citizen, a category that does not allow dependents, you must file for your mother first, and once she comes to the States, she can file for your sister. 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

It depends upon what immigration status you are holding whether you can obtain a Social Security card. The usual route for someone who is not holding permanent residence or a nonimmigrant status automatically giving work privileges is to apply for and obtain an employment authorization document (EAD) from USCIS through the filing of form I-765 Application for Employment Authorization. That of course is based upon whether you can qualify under any of the categories. With an EAD, you would be able to request the Social Security Administration for a Social Security card. If unable to qualify, and if you do not have a taxpayer identification number already which allows you to pay taxes but does not give work authorization, you can apply for such with the IRS. Instructions on how to apply are on the IRS website at https://www.irs.gov/individuals/how-do-i-apply-for-an-itin. 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 are adjusting to permanent residence in the US, a current passport is generally not required. However, if you will be undergoing processing for such at an American consulate or embassy, an unexpired passport is required. 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