Immigration Legal Questions

At the very least, a H-1B transfer to another employer if approvable can be approved up to the end of June 2026 if the employer agrees to sponsor up to that period of time. H-1B visa status is generally good for a maximum of six years. You can probably get the entire three years by showing that you have a valid I-140 petition approval which has not been revoked and in which the priority date has not long passed your country’s availability date. If not through that method, you can also get the full three years by showing that you were out of the US for the period of time that you mentioned since time spent outside the United States while under H-1B visa status can be recaptured. 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 question for an immigration inspector is whether your mother-in-law is able to show that her stay is temporary as she is here under a visitor visa. Trying to make a quick return to the US after being here for six months might cause a problem at the port of entry. After leaving the US, a visitor should stay outside the US for an appreciable period of time before returning. Your mother-in-law may in the alternative file for an extension of stay with USCIS. 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 obtain a replacement birth certificate by going online at https://www.health.ny.gov/vital_records/birth.htm (all instructions are given there) or printing a form from that same website, filling it out, and mailing it with the applicable fee to: New York State Department of HealthVital Records Certification UnitP.O. Box 2602Albany, NY 12220-2602 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 difficulty with your daughter’s situation is that her nonimmigrant status ended when yours did since she was only a dependent. Adjustment of status under family cases except for immediate relatives (parents, spouses, and unmarried children under the age of 21 of US citizens) requires the maintenance of status until the filing of the I-485 application. An alternative to appeal or motion is to file an I-130 petition and have your daughter consular process overseas for the immigrant visa. Kindly note that the 3/10 year bars do not apply to children under the age of 18. If your daughter was already 18 by the date of the USCIS denial, the 3/10 year bars only begin to apply if your daughter remains in the US for over 180 days thereafter. The difficulty with appeals and motions is that many are not resolved within 180 days, and if you and your daughter are in this situation, that leaves you and your daughter with a difficult choice of either leaving before the resolution of the appeal or motion or chancing the three-year bar being imposed if the appeal or motion is lost and the 180 days is over. 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 are unfortunately stuck in the same situation with many people who see their cases being held up while others in similar situations are being approved. You have noted the further problem that the date for launching an inquiry with USCIS keeps moving forward. There is no harm to your case by putting in an inquiry at this time although it may not help if USCIS says that the time for inquiry is not now. If it makes you feel better, you can do it and hopefully it will help. 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 only time that a US citizen spouse is disqualified from sponsoring a foreign national spouse is if the US citizen spouse has a criminal conviction for violations under the Adam Walsh Act. Basically, if she has committed any sexual offenses against minors (ie children), then she would be prohibited from sponsoring you.... Read More

As USCIS sent you the approval notice after the time has expired of your request to stay, USCIS expects that you will leave as soon as possible. There is no grace period of time. However, no one will be coming to chase you out of the country. You should also have no problems leaving the country. The principal thing to watch out for is the unlawful presence bar under which a person who stays in the US for more than 180 days after date of expiration is generally barred from returning for three years. Applicants for timely extensions are allowed to wait in the US until the time of their adjudications, which in your case was up until October 17. October 18 would begin the counting as day 1 of the 180 days. 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 son or daughter over the age of 21 sponsoring your mother for resident status as an immediate relative, your marital status has no effect upon the timing of your mother’s residence application. Please feel free to marry. 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 extend a B-2 stay in the US, you would file Form I-539 Application to Extend/Change Nonimmigrant Status at the appropriate USCIS service center with filing fee of $455 prior to the expiration of your present allowed stay. Your fact situation does not contain enough information to assess how you may be eligible to work in the US. I suggest that you make an appointment with an immigration lawyer who can go over your possible options for employment. 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 immigration rules, the job that sponsored you under H-2B visa status cannot sponsor for permanent residence since it assured USCIS that the job position itself was temporary. However, there may be other ways for you to immigrate.  You may wish to make an appointment with an immigration lawyer to discuss possible options. 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

Generally speaking, attorneys do not obtain documents for their clients – that is usually the responsibility of the client. I do not know your arrangement with your attorney, and if that service is included, but if not and you wish him or her to assist on that, you might make an arrangement to pay for assistance with the police certificate. Just so that you are aware, a police certificate from El Salvador can be obtained without your husband going to El Salvador. The Foreign Affairs Manual directs your husband how to obtain a police certificate if outside the country: If the applicant is outside El Salvador applicant has two options: a - Police certificate can be requested by a Salvadoran Consulate, the applicant must provide Original Documento Unico de Identidad or passport and 2 passport size photographs. This process usually takes between 3 to 4 months for the applicant to receive the certificate in the United States. The applicant must be 18 years or older to receive a police certificate.  b - A power of attorney issue by a Salvadoran consulate or a Salvadoran notary will be needed, the applicant will have to submit a request to the closest Salvadoran consulate to take their fingerprints. Applicant will send to El Salvador via physical correspondence: the power of attorney, fingerprints taken at Salvadoran consulate and 2 passport size photographs. The applicant must be 18 years or older to receive a police certificate Good luck! 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 the first place you need to understand that one thing is the expiration of your visa and another is your authorization to stay in the US. Usually B1/B2 holders receive a 6 months authorization. Additionally, you would need an employer sponsor. H1B visas are subject to a lottery. Finally, there maybe other options like doing some study first. ... Read More

You can supplement your affidavit of support with the following documents: 1. A letter from your employer verifying employment and the rate of pay. 2. The most recent 6 months of pay stubs from your employer 3. 12 months of bank statements, that show your payroll being deposited into your account from your job. You should either engage counsel to look over your affidavit of support before you file it or even better, you should retain counsel to represent you from start to finish.... Read More

A United States green card holder can sponsor a Spouse who is on an F1 student visa. The priority dates for your sons category on the visa bulletin board department of state website is "current" as of today's date. So if his spouse stays "in status", then he could sponsor her and she could file for adjustment of status to get her green card. You should retain counsel anywhere in the United States for legal representation, to handle the case from start to finish.... Read More

No, unfortunately, the immediate relative category under which you are filing (US citizen filing for spouse, parent, or child under the age of 21 and unmarried) does not allow for dependents. You will have to file separate 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

Applying under the three year rule has a higher burden of proof than under the five-year rule. For three year citizenship, you must prove that you have been a green card holder for three years (can apply 90 days in advance of the three years); have been married to a US citizen in marital union constantly without separation for three years; and that the US citizen has been a US citizen for the three years. It is common for naturalization examiners to request proof of joint documentation to show that the couple has lived together constantly. USCIS has given you examples of what it will accept. In our practice, we request clients to have at least three pieces of joint evidence for every year in the three years to prove constant living together. From your fact situation, it appears that you have enough evidence to prove that you and your wife have been constantly living together. A joint bank account is only one example of proof that USCIS can accept. 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 should be able to obtain copies of your arrest record from the police authorities in the jurisdiction in which you were arrested in most cases. You may or may not be able to have the arrest record certified. In our experience, USCIS officers generally do not insist upon having an arrest record certified if there is a certified disposition by a court. On the matter of the total amount of days that you were incarcerated, most individuals remember the exact number of days – otherwise, they can give their best guess. The point at which the number of days becomes important may be where there is question as to whether a crime is a felony as opposed to a misdemeanor or whether the crime should be considered an aggravated felony or if an offense can be considered a crime involving moral turpitude with issues of inadmissibility or deportability. In those situations, the exact number of days incarcerated may prove important. 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

Automatic extensions for EADs involve the same class of EAD and not different classes. That is because USCIS has already seen the basis for and approved the initial EAD application and is not so concerned about issues of ineligibility when considering an extension. In your case, it saw and considered your STEM extension application previously and so allowed your automatic work extension during the pendency. It will not give the same treatment for your initial EAD based upon adjustment of status, an entirely different basis for benefit. 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 timely applied for a change of status to F-1 student, you are allowed to remain in the US while awaiting a decision on the change of status request. USCIS last year changed its policy which had previously required B-2 individuals applying for change of status to student to keep maintaining B-2 status and keep filing extension requests until the change of status was adjudicated. Please note, however, that other rules still apply that you cannot become a student until USCIS approves the change, and you are not allowed to work in the US during the pendency of the request. 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 obtained her permanent residence through marriage to you or through asylum does not matter in the consideration of whether she can apply on the basis of having been a resident for three years. To take advantage of the rule, she must have been a permanent resident for three years (can apply up to 90 days in advance of the three years); lived in marital union constantly with you during the three year period prior to application; and you must have been a US citizen during the three years. If she meets those conditions, she can qualify for three years citizenship. 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

An applicant who is sponsored for immigration has an obligation to make the US the country of permanent domicile. Failure to at least initially come and establish a permanent residence in the US (spending a period of time initially in the States) makes the green card statuses of the dependents insecure and subject to challenge. If your brother first enters the US and stays here for a period of approximately six months, it would make it much harder for DHS to challenge the dependents' statuses even if your brother's green card is taken away at some later point for no longer maintaining 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

In your fact situation, your case of shoplifting was in August 2015, well over five years old by the time that you applied for your citizenship in January 2022. I also note that you said that you received your permanent residence in 2017, and I assume that you disclosed the shoplifting offense in your immigration application papers. The period of good moral character is five years, and this should not be held against you. I suggest, however, that you obtain a certified copy of the court disposition to take with you to the interview if you have not already presented it as part of your naturalization application.On your other questions, I do not believe that pretrial intervention and dismissal qualify as one of the programs  mentioned in part 12, item 26, if you did not have to make an admission of guilt. Also you should mention the traffic tickets as item 23 of the same part asks whether you have ever been cited, and a traffic ticket is a citation. 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 is attempting in as many ways as it can to reduce backlogs that were caused by the pandemic and the Trump administration. Part of the effort is to reuse the biometrics whenever it can since fingerprints do not change over time. Either you failed to completely read one of the notices saying that the agency would reuse your biometrics or USCIS failed to send that one out or it was lost in the mail. The notice that you now have seems pretty clear in indicating that the agency will reuse your biometrics. 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