Immigration Legal Questions

Although it seems like a very small violation of status, perhaps the best policy is to put it down and explain exactly what happened in your application. I imagine that most consular officers would not hold such a small infraction against you. 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 rule written or unwritten that prevents a petition being filed for persons who are presently in the US and will quickly return overseas and await consular processing. In point of fact, we have done many cases over the years involving the same situation with no detrimental effect for our clients. 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 any of your children are aged 21, they could perhaps sponsor you for permanent residence. Other than that, there is too little in your fact situation to give an opinion as to whether you be able to receive your immigration papers in the future. I suggest that you should consult with an immigration lawyer to go over your 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

Your fact situation is confusing to me as you say that the application was denied, that you did not file another application, but that you do have an approved form I-130. The confusion lies in your stating that your father filed for you, a married person, when he only had the green card – and that would be a filing that does not conform with the law of eligibility. Nevertheless, assuming that an I-130 petition was approved at some point for you prior to the time of your father’s passing away, and you were in the US at the time, that petition might be a basis for a permanent residence application. As the facts are unclear, I suggest that you should consult with an immigration lawyer to go over your entire situation and for him or her to explore with you any steps that might be able to be taken. 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 consular officer does not have the authority to overlook grounds of inadmissibility. If your father was deported previously, one question is whether he served out the entire time of the bar before coming back to the US. When he reentered the US, did he enter legally or illegally? If he entered illegally before April 1, 1997, he would be eligible to file waiver applications after his interview with the US consulate. On the other hand, if he reentered illegally on or after that date, he would have incurred a permanent bar under which he will not be able to request permission to return to the US as an immigrant until 10 years after he left the US a couple of years ago. The granting of permission to reapply at that point would be in the discretion of the Attorney General. 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 guarantee that you will be allowed to have your stamping done for the H-1B visa in London. There is prejudice in most US consulates against giving visas to third country nationals. The good factor that you have on your side is that you have good reason to be in England as your husband’s family is British. You can try, and good luck. You should of course look at the embassy website to see whether there is a stated attitude on third country nationals and the issuance of 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

In our office, we usually put all sons and daughters of the beneficiaries on the I-130 form. I note that the form itself does not limit the term "children"although the Immigration and Nationality Act defines children as being under the age of 21 and unmarried. Also, the form instructions refer to both "unmarried children"and "married children". Additionally, some of our clients are uncomfortable with the idea of leaving out any of the 21+-year-old children, and so we generally include them. If there is a reason for which our clients do not wish to mention such children, we will leave them out. 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 does not at this time request H-1B applicants to undergo fingerprinting or answer questions concerning crime on the petition forms and so there is a good chance that the shoplifting charge will have no effect upon your eligibility for the H-1B if you will be applying for a change of status. I note, however, that if you go outside the US for a visa from an American consular post, you will have to disclose whether you have ever been arrested and undergo fingerprinting. At such time, the shoplifting case may be a subject of discussion with the consular officer. Generally speaking, shoplifting such a small amount would not be a ground of inadmissibility, but note that all nonimmigrant visas have a measure of discretion in whether they are issued or not and consular officers have been known to delay adjudications for a long time where crimes are involved. 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 policy is that there is no allowance of transferring the I-485 to another petition where the underlying petition has been denied. Unless the agency makes a mistake, the I-485 would be denied and you would have to file another if you are still eligible to do so. If you can, you may wish to be proactive and file another I-485 rather than waiting for the result of the earlier filed adjustment of status 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

A timely request for change of status allows an individual to remain in the US until the time that it is adjudicated. Technically, you are not in legal nonimmigrant status unless the change of status application is approved. However, you would not begin to accrue unlawful presence until 180 days after the change of status application is denied. Hopefully, this will assist you in planning your future immigration steps. 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 see a problem with different employers filing two different H-1B transfer petitions at the same time with the same job code. This is not the case of an applicant attempting to circumvent the rules for H-1B registrations for initial H-1B visa status under which duplicate registrations associated with the same employer are not allowed. I assume that if both petitions are approved, you would take the job that best suits your wishes for future success. One thing that you should watch out for is the last action rule under which a later approved petition is the one which is valid for the extended-stay in the US. If the first approved petition is the one that you want, you should have the employer withdraw the second pending petition. Otherwise, you might have to take a trip outside the United States and return showing the wished for H-1B approval sheet to immigration inspectors. Under that circumstance, if you do not already have an H-1B stamp in your passport, you may have to go through the visa stamping process at the consulate before returning. 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

A US citizen can sponsor a foreign national for a K visa, provided that they have met physically within the last two years prior to filing the application. The meeting can take place anywhere in the world. You should retain counsel to handle the case from start to finish so that all goes well.    ... Read More

Their is no "friend" visa category that you can sponsor him under. He can be sponsored by a US citizen fiancé, or he can get married to a US citizen or green card holder and be sponsored under those conditions. If he has a job offer, then his employer can sponsor him. There are other ways through investment visas etc, but those are restricted based on whether the country that he is residing in his part of the treaty. ... Read More

I typically advise client’s not to leave the country while their adjustment of status application is pending. However, I recognize that family emergencies can happen, so not departing the country might not be an acceptable option.  Yes, you are allowed to travel with your advance parole document.  That being said, I recommend you talk to an immigration attorney to identify any issues that might make traveling outside the country ill-advised. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

It is possible to bring your husband to the US to complete the Green Card process. The form required is Form I-129F, Petition for Alien Fiancé(e). This form, in addition, to applying for a Fiancé K-1 visa, is used to apply for a K-3 visa for a spouse. However, I am not sure if the I-129F might be any faster than your I-130, especially since your I-130 is already at NVC and being actively processed. That is, there is a potential that you might spend the time, money, and energy and end up not benefiting from this application. That being said, the I-129F is an option that I recommend discussing with your immigration attorney. As for your husband’s visitor extension, unfortunately, it’s not possible. I am assuming he is entering the visa waiver program, which has strict rules related to that program. Alternatively, your husband can apply for a B-2 visitor visa. The typical I-94 time frame for that visa is six months. Also, B-2 visa visitors can extend their visit for six months. That should give him a year in the US.     I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

Assuming you are US Citizen or Green Card holder, your fiance shouldn’t have a problem adjusting her status to that of a Green Card Holder, even if her F-1 visa is revoked. However, if you are not a US Citizen, it would be best to talk to an immigration attorney before withdrawing.   Alternatively, she should look into taking some time off (leave of absence) from school or transferring to a school in your new location, which should help preserve her status as an F-1 visa holder.    I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

 Did you confirm that the divorce decree is correct according to Ghana law? I have had clients who presented documents not issued by the appropriate authorities. They were either unaware of the issue or didn’t want to deal with the hassle of getting the correct record. I know it can be a real hassle, but you have no choice. Additionally, having him overstay his I-94 is not a good idea. Chances are, he is entering the US on a visa waiver program that prohibits him from adjusting his status in the US.  Further, you will still have to deal with the issue related to his divorce decree.  Lastly, if he were to seek a divorce in the UK, the date of the divorce will be after your marriage date, which would result in your marriage being void under US law.  I recommend you talk to an immigration attorney to identify all your options. Most immigration attorneys offer a free consultation so you can get your questions answered for free. --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More

The short answer is NO. You cannot apply for citizenship until you receive a Green Card and meet the necessary residency requirements, which include holding the green card for five years or three years if received via marriage to a US citizen. That being said, you might be a US citizen at birth if one or both parents were US citizens before your birth. I recommend talking to an immigration lawyer to see all your options for a Green Card or US citizenship. Most immigration attorneys offer a free consultation, so you might be able to get your questions answered for free.    --- Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read More