Immigration Legal Questions

If you are approved for O-1B prior to your departure from the US, you may encounter two difficulties in deciding to return on the OPT – first, there is a question of intent. You would be making a representation to CBP that you intend to complete your OPT and return home. In this age, it is dangerous to be anything other than on the up and up with CBP. Second, if you do manage to reenter the US under OPT, it is doubtful whether your change of status to O-1B would automatically kick in on July 15. It should also be noted that most attorneys are suggesting that nonimmigrants should not take unnecessary trips outside of the country given the present climate. I suggest that you speak with your attorney before finalizing your travel plans. 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 know, there are two charts to the monthly visa bulletin, Dates for Filing and Final Action Dates. For the month of June, the dates for filing chart for adjustment of status applications is available for those whose priority dates are prior to February 1, 2025, as USCIS is using that chart in this month. With reference to your questions, you would be able to file I-130/I-485 concurrently if the chart read “C” or current, which is not the case. You would have to file the I-130 form first, and then when the priority date is reached, you can file the I-485 while the I-130 petition is still pending. You do not have to wait for the I-130 to be approved before filing the I-485. 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 father will have to explain as best he can the circumstances of why he could not prove his employment when the subject arises. If he has some other evidence, he can perhaps bring it with him to the immigration interview and show it if asked. It should be noted that if there was fraud or misrepresentation found in the annulment of your father’s visa by a US consular officer, your status as a US citizen son is not sufficient for him to apply for a waiver through you. An I-601 hardship waiver under those circumstances can only be made if the qualifying member is a US citizen or permanent resident parent or spouse. The passage of time may work in his favor as it is doubtful that consular records would be kept for 35 years. 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 your mother is overseas and that you will be filing an I-130 petition and she will ultimately consular process at the American consulate or embassy in her home country. If that is your situation, financial support is not a concern at this stage. It only become relevant when the I-130 petition is approved and your mother begins consular processing. That would likely be over a year from now. If you stop working and have no employment by that time, a good option is to find a bona fide joint sponsor, e.g. related or friend, who can assist with the support obligation. If you have sufficient liquid assets, you may look on the poverty guidelines to see whether they will support your mother’s immigration. The amount of assets must be a multiple of 5 to cover multiple years of support. We note, however, that US consular officers sometimes have a more stringent view of the amount of financial support required in the case of parents. 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 a U.S. citizen, you can sponsor your wife-to-be for a green card, as long as she entered the country with permission. If she is now in overstay status, this typically won’t be a problem. It’s important to work with an attorney to ensure all paperwork is filed correctly to avoid mistakes. A reasonable flat fee for this process should not exceed $2,500—anything higher may be excessive. You can retain an immigration attorney from anywhere in the U.S., as they handle cases nationwide and globally. When will you turn 18? ... Read More

Hello, Need more information, you mentioned that you are currently on EB-2 so I-140 was approved? Having an approved EB-2 without you adjusting does not automatically keep you in "status". You did not mention your priority date, what your home country is. Let's assume your priority date is current the you should be able to apply for your Green Card. I strongly recommend you have a true Legal Strategy Session with an immigration attorney to go through your immigration history, current status, potential risks etc.... Read More

Your father should consider hiring an immigration lawyer to ensure his case proceeds smoothly and avoids complications. An attorney can submit a G-28 Notice of Appearance, even if the case is pending or closed, ensuring that both the lawyer and the client receive all relevant notices throughout the process.    ... Read More

If you are in the United States and entered legally, you may be eligible to adjust your status after marrying a U.S. citizen. USCIS allows individuals to apply for a green card through marriage, even if they are currently out of status. To ensure a smooth process and avoid complications or potential denials, it is advisable to work with an immigration attorney. Some of us offer affordable flat-fee representation to assist clients throughout the entire process. You can retain an attorney anywhere in the United States, as immigration law is federal, allowing legal counsel to represent you regardless of the state you are in.    ... Read More

The employment status of the immigrant beneficiary does not impact their eligibility for a spousal visa. The Department of State primarily considers whether the petitioning spouse meets the minimum income requirements to sponsor their partner. Since the process can be complex, it may be beneficial to hire an attorney on a flat fee basis to manage the case from start to finish. Some attorneys offer affordable flat-rate services for this process.     ... Read More

If mom is overseas, and you have a pending I 130 immediate relative petition, you will be required at some point to upload an 864 affidavit of support to prove that you financially can sponsor your mom. If you have lost your job, then you should retain a joint sponsor who does have the financial ability to sponsor mom. ... Read More

It is always faster filing for a spouse as a U.S. citizen so I will ask how long have you had your Green Card? Are you almost at the point where you could file for Citizenship? Generally an I-130 needs to be approved first and your priority date needs to be current before I-485 can be adjudicated - I recommend you seek assistance from a licensed attorney in order to prevent delays.... Read More

There is a possibility that she may be refused because of the fraudulent annulment document that was presented in connection with the K-1 petition. That may depend upon whether the embassy believed that she intentionally committed fraud in presenting the document or whether she was just a victim. From your statement of facts, it appears that the fraudulent document presentation was unintentional and hopefully that will be the case and the immigrant visa issued. However, if found to have committed intentional fraud in the past, she will be denied, but should still be eligible to file for a waiver based upon proving extreme hardship to you if she cannot be given the 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

With the present situation of extreme vetting by the Trump administration, our general recommendation is that nonimmigrants should not make nonessential trips outside the US. If you do go out of the country, however, our recommendation is that you reenter under an O-1B visa rather than OPT. 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 eligible for citizenship at this time. Inasmuch as it was a domestic violence situation under which you obtained resident status, you should not be required to have anything from your ex-husband for the 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

For green card holders, it is generally safe to travel although there is currently extreme vetting at the borders and airports by Customs and Border Protection (CBP) officers. If permanent residents have had anything in their backgrounds that could raise a flag with CBP, however, they may think twice before taking a trip. 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 difficult to give advice not knowing more about your father’s situation. However, if he entered the US with inspection or parole and has no other problems, a US citizen child over the age of 21 could possibly help him apply for adjustment of status through filing for him on form I-130 petition for alien relative and him submitting form I-485 adjustment of status application to permanent residence. If he came in without inspection and has had no problems with crime or fraud in obtaining immigration entry or benefits, he could be eligible for the I-601A program which would start with the child petitioning for him on form I-130; upon approval, your father applying for an I-601A application for a provisional unlawful presence labor; and upon approval returning to the home country for an immigrant visa interview with the local US 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

if your wife is a US citizen, she can sponsor her own daughter as an immediate relative if she is under 21. If the daughter is over 21, then she would fall into a preference category and she would be able to get a visa when her priority date becomes current. So she should start that process now. There is no category for a US citizen to sponsor their granddaughter. As far as the sibling is concerned your US citizen wife can file an I 130 but the wait time is going to be about 15 years before a visa is available.    ... Read More

Unfortunately, you are ineligible for US citizenship due to the residence requirement in which most residents including yourself must have been a permanent resident for five years and in that five years remain physically present in the US for half the time, or 2 ½ years. There is no exception. 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, there should be no problem with a permanent resident visiting the homeland for one and ½ months. A couple of things to know – if you received permanent residence through political asylum by claiming persecution in Nepal, there would be a danger in returning to the homeland. Also be aware that the US now has strict vetting at the airports, and persons critical of Israel and the Trump administration are currently being given a hard time by Customs and Border Protection (CBP). 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 have many EB-1A applicants who make their applications from outside the US and are successful. Being in the US is not required for such an application. Being employed in your field of expertise at the time of application is not a strict requirement, but is a factor. Emphasis in an EB-1A case is on whether the individual can prove that he or she is an alien of extraordinary ability. 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 probably know by now, Syria is on a list of 43 countries that the Trump administration wants to stop or lessen travel from. Syria falls within the red countries with a total ban. The travel ban is expected soon with full details. It is unknown at this time whether the ban will include permanent residents. I suggest that you wait until more is known about the travel ban. In addition, please note that the Trump administration has increased vetting at all ports of entry, especially targeting those critical of the Trump administration and Israel. 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 interval between obtaining permanent residency in February and your plan to change jobs in July 5 months later, my opinion is that your spouse should not have a problem on her adjustment of status application because of your job change. It might be a different story if you changed jobs quickly after obtaining your permanent residence since an employment based green card (presumably through PERM labor certification) presupposes a commitment by both employer and employee to have a permanent job for the employee. 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 child over 21 can sponsor both mom and dad as long as mom and dad entered the United States with permission. This is true even if many decades have passed since that lawful entry and they've been out of status the entire time. Yes, the US citizen child needs to file an 864 affidavit of support establishing that he has the minimum income level necessary to sponsor his parents based on his household size. However, if you do not qualify, then you can engage a joint financial sponsor who does have the minimum income necessary. A joint sponsor can be anybody with US citizenship or a green card that lives in the United States. You should work with an attorney. Some of us charge a very affordable flat fee to represent the clients in cases like this from start to finish. Counsel in any state can represent you.     ... Read More