Immigration Legal Questions

Even if you gained your lawful permanent residence status to a prior marriage, you are eligible to file a new immigrant petition on behalf of your new spouse. However, an immigration officer may scrutinize the application at the interview to ensure that you were in a good faith relationship with your prevuious husband. If the officer is satisfied that everything is in order, the officer should make a favorable decision. I do suggest that you contact a lawyer to be fully informed prior to proceeding.... Read More

Your mother may apply for Social Security Income as a noncitizen. Whether she will get the benefit will be up to the Social Security Administration. However, she should apply as soon as possible. The forms are available on the SSA website and she can apply online. You will find more information at this link: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ssa.gov/pubs/EN-05-11051.pdf... Read More

Unfortunately USCIS does not give employment authorizations for individuals attempting to change status from visitor to F-1 student. For that matter, it does not give automatic employment authorization to those who successfully change to F-1 student. Such successful applicants are allowed to work part-time on campus, but outside only with the approval of the educational institution under curriculum practical training or with USCIS permission for optional practical training or if there are severe economic hardship conditions which have occurred after one academic year of schooling or if there are emergent circumstances which are generally defined by USCIS as world events that affect a specific group of F-1 students and which causes them to suffer severe economic hardship, including, but not limited to natural disasters, wars and military conflicts, national or international financial crises. 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

Without the help of your husband’s documents, it is difficult to see how USCIS could approve a change of status application from H-4 to F-1. For a change of status in the US, USCIS must see that both you and your husband are maintaining legal nonimmigrant status – especially focused on your husband since he is the principal of the H-1B/H-4 statuses. You would need a copy of his H-1B approval and proof of recent pay from the H-1B employer to show that he is maintaining his 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

Under the Child Status Protection Act (CSPA), the children are given a credit of five years to their age being under 21 due to the visa petition pendency of five years. It is more than likely that the children will not be able to emigrate with the parents as the counting time of the children’s ages will only stop when the priority date becomes current. Currently the sibling category final action date on the January visa chart is only available to those filing petitions prior to September 15, 2005, for India born. On the question of when you can expect a visa center letter for further processing, that will usually not come until the priority date is close to becoming current for visa availability. 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

Applicants for adjustment of status like your parents are only allowed to travel without disturbing the I-485 applications if they obtain advance parole. Unless the reason for their travel is emergent, they will not be able to receive advance parole approval in the short period of time before their contemplated travel. If the need is nonemergent, I suggest that they have a backup plan for travel later in the year. USCIS has been improving its times on most advance parole applications, but there are still many languishing for over six months. Hope that helps. 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 will assume that you are asking if your partner can be your joint sponsor for purposes of sponsoring your mother for a permanent immigration visa. He is qualified if he is a US citizen or permanent resident, and has sufficient income and/or liquid assets to sponsor taking into consideration everyone that he is presently supporting and has sponsored for immigration in the past. Your partner would do a separate I-864 affidavit of support from you listing himself as joint sponsor. You would have to do your own, but your mother would be relying upon your partner for the financial support. Please note that you cannot submit one form only for yourself and your partner as he would not qualify as a household member. 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 timely apply for an I-90 application to replace your green card, USCIS will give you a receipt that extends the validity of your card. In the event that you did not receive such a receipt, USCIS just announced on 12/14/22 that it is in the process of sending out amended receipt notices automatically extending the validity of the green card of those who file I-90s to 24 months. When you receive the amended receipt notice, you will see that you are authorized to work and travel for 24 months from the expiration date of the green card. With that, you can travel out of the country and safely return. The biometric appointment notice is not a travel document. If you need to urgently travel before receiving the amended receipt notice, you can call the USCIS Contact Center to arrange an infopass at your local USCIS field office which may issue a stamp into your passport allowing the travel. 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

Probably not. USCIS allows applicants and petitioners to file with copies of documents, so when it asks for the originals, that is because it wants them. If your originals are not available, you may try to give an explanatory letter as to why they are not, and provide whatever alternative documentation that you believe covers the same information as in the requested documents. 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 may look into the Violence against Women Act (VAWA) to see if you qualify in the event that your circumstances become so intolerable that you cannot wait for the interview or your husband will not support your case for the green card to maintain a hold over you. USCIS has the following on eligibility on its website: You were subjected to battery or extreme cruelty by your U.S. citizen or lawful permanent resident relative during the qualifying relationship. (If you are applying as a spouse, you may also be eligible if your U.S. citizen or lawful permanent resident spouse subjected your child to battery or extreme cruelty); You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative; and You are a person of good moral character. If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws. If you decide to move forward, you would either file form I-360 with all your evidence alone or concurrently with an I-485 application to USCIS’s Vermont service center at: USCIS Vermont Service Center 38 River Road Essex Junction, VT 05479-0001 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 entered under an immigrant visa that allows dependents and you are under the age of 21, you could quite possibly file an I-485 application under the follow to join category and forgo filing the I-130 petition. Alternatively, you can concurrently file I-130 and I-485 as long as you are maintaining legal status and are under the age of 21. I note that if you are over the age of 21, you may still be able to file the I-485 application if your mother entered under an immigrant visa petition allowing for dependents and you can still be classified as a child under the Child Status Protection Act.  If you are able to file the I-485 application, you are eligible for a work permit and can file the I-765 request for such concurrently. 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 aware of any rule in California or anywhere that disallows name changes with naturalization. You should note, however, that name changes cannot be made unless the naturalization oath ceremony is conducted before a state court. If the oath ceremony is to be conducted with USCIS, no name change is possible. Many individuals opt to go with a USCIS ceremony as those can be scheduled in most cases much more rapidly than in the courts. 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 Department of Homeland Security draws data from many sources, and I cannot tell you whether your applying for a cannabis card would show up on any of the databases. However, removability depends upon a proven or admitted violation of the law, not an application. For example, just because an individual applies for a driver’s license does not mean that he or she will wind up driving. Some just like to have a driver’s license for identity purposes. 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 possible, but odds are not in your favor, and the decision on whether to issue F-1 visas would be in the discretion of the consular officer. There is a presumption that the daughters are intending to immigrate, and that is a significant blockage to approval of such visas, especially as the length of time required for them to immigrate is not long as, for example, in the case of sibling petitions where the waiting time is approximately 15 years and consular officers are generally willing to give nonimmigrant visas during the pendency of the cases. Good luck if you decide to move forward! 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

Typically, jurisdiction will not lie for a divorce action unless one or both of the parties have resided in that state for six months. You should contact an attorney in your previous state about the possibility of commencing action there presently. It would depend on the law of that jurisdiction. As far as your immigration case, if it's still pending adjustment of status, you should contact Uscis and tell them that you are canceling your sponsorship. If your husband already has his green card, then if he has a two-year card, there will be a second interview, but if he has a 10 year card then it's going to be very difficult to revoke that based upon your allegations of marriage fraud. ... Read More

Are you a US Citizen? It appears that she was probably approved but that she has to file a waiver. In order to approve a waiver application, you have to prove that you (not she) would suffer "extreme hardship" if she was not granted a green card. You should retain an attorney to represent you in the matter.      ... Read More

OK so if you look at the visa bulletin board at the department of state website, your priority date should be current. A person who entered the country with permission and married a green card holder can file an adjustment of status as of December of this year, and apply for a green card. The fact that you entered with a student visa but never attended college as you were supposed to could be a ground for immigration fraud which would then require you to file a waiver of inadmissibility. You would need to discuss your case with an attorney to determine the circumstances surrounding your marriage. Were you married within 90 days of your entry? Did you even attend one class? Did you register for class? These and other questions would need to be discussed. This is a process that you should not handle yourself, as any minor mistake or discrepancies would result in significant delays or an outright denial.         ... Read More

It takes about 13 years before a visa becomes available for a sibling to sibling petition. And even when it becomes available, in order to adjust status to get a green card you have to be "in status", which means you have to have NO unlawful presence during the 13 year waiting period in the United States. If you arrived on the visa waiver program, and you overstay the 90 day period, then your visa waiver privledge will be permanently revoked.          ... Read More

It appears that you have the necessary residence in the US (five years with at least two of which were after the age of 14) to transmit US citizenship to your legitimate children. You should make an application to the consulate or embassy on form DS-2029 Application for Consular Report of Birth Abroad of a US citizen child. For your wife, you would have to file an I-130 relative petition for her, have that approved, and she would ultimately interview for an immigrant visa at the American consulate or embassy having jurisdiction in the home country to issue immigrant visas. 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