Immigration Legal Questions

OK, so currently there are dozens of grounds of inadmissibility that an immigrant would apply for a waiver for. You did not indicate what ground he is deemed inadmissible by Uscis. Ultimately, if there is any ground of inadmissibility, a waiver would need to be filed and the burden is on you to prove that if the immigrant spouse was not allowed back in the country for permanent residency, then you would suffer extreme hardship. ... Read More

Unless there are outstanding concerns of the US government, you would likely face no problems in leaving the US inasmuch as the Trump administration is actively encouraging undocumented immigrants to leave. Anecdotal evidence of people expecting problems at the airport shows that they are not being given trouble in departing. CBP has also developed a feature called “Intent to Depart” on its mobile app which allows individuals to officially announce their voluntary departure 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

The STEM OPT program requires that you work with an E-verified employer. You are not allowed to work with one that is not on E-Verify. 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 probably wait out the process if you wish a life in America. Although there is no guarantee that the waiver will be approved, being married to a US citizen for eight years usually provides grounds to satisfy the hardship requirement of an I-601 application. Having a good lawyer to assist in preparing the application also usually 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

The Trump administration has indicated a closer vetting of individuals coming to the United States. That being said, a green card holder without acts of inadmissibility or deportability and whose social media posts and background are not a concern to this administration should be able to travel to visit relatives for two weeks in China. Be mindful that your wife may experience closer scrutiny if she is a researcher or in a company or university performing advanced research. 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

Unfortunately not. USCIS does not allow individuals to remain in the US just on the basis of a filed petition. You would be filing under the F-4 category for siblings of US citizens. For most of the world except for India and the Philippines which have longer backlogs, the availability date is only for those for whom petitions were filed prior to April 1, 2008. This is a backlog of approximately 17 years. Your sister would have to maintain nonimmigrant status to remain legally in the US. 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 H-4 visa only allows reentry as H-4, not H-1B. Your spouse of course must still be maintaining H-1B status. If you use the H-4 visa for reentry, you will be admitted as H-4 and will not have the authorization to work under your H-1B visa status. I suggest that you rethink your strategy and if you are making this trip, arrange an appointment with the American consulate or embassy to apply for the H-1B 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

Overstay is generally not a concern for individuals being sponsored by US citizen spouses. Under the immediate relative category (US citizen sponsoring spouse, parent, or child under the age of 21 and unmarried), items that would bar adjustment of status in other category sponsorships such as unlawful employment or violation of authorized period of stay are generally not applicable. The USCIS adjudication will focus on other subjects such as the bona fide character of the marriage. 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 not on H-4 as that application has not been approved. So for purposes of filling in current status on the I-765 form where it requests current immigration status, you should fill in H-1B as that visa status is the one that you are holding at this time. 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

Unfortunately, a US visitor visa is automatically revoked once the visa holder violates nonimmigrant status while in the US, even by two days. The parents could encounter a problem in entering the US with the same visas in the future. It is safer to apply for visas again explaining the circumstances of what happened. 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 friend’s J-1 is not subject to a two-year home residence requirement, she can seek a change of status to nonimmigrant categories other than H and L in the US. Attempting to switch to tourist or student visa could run into questions about whether she actually intends to leave the US following the expiration of those statuses. A possible problem is that if the U visa application is approved and then a nonimmigrant status is approved, the later approved application will be the one that is valid. Although we are not that familiar with U visas, we understand that U visa applicants are usually allowed to remain in the US under deferred action or parole during the pendency of the application. Other than these observations, I suggest that your friend attempt to keep closer communication with her legal team on her options after the filing of the U visa 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

There are instructions to the I 864 that explain the process when it comes to what a joint sponsor needs to supply to the government. If you do not understand these instructions, some of us will be able to take over the case, even though it's pending. Counsel in any state can represent you.... Read More

365 days of full time CPT negates OPT. That being said, a F-1 student may be able to dispute the total amount of time actually spent on full-time CPT. In your case, you may wish to discuss your situation with the designated school official (DSO) to see if the DSO can give you any assistance. You can also in conjunction with or separately request OPT from USCIS. You can send all documentation and explanations with the application. I express no opinion as to whether USCIS will approve the application where the claim is two days less of actual employment then was authorized on the SEVIS I-20. 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 boyfriend is single or married has no effect upon his ability to sponsor his parents for green cards. I assume that your boyfriend is a US citizen. He must provide I-864 affidavits of support for his parents ensuring that his parents will be able to live in the US without becoming public charges. Your being married would increase his household size and the amount of support required for his parents. You can be either a plus or minus in this regard. If not working and with no assets, you would increase his financial burden. If working and making a decent salary, you could add your salary and assets to his to assist him in his support affidavits for his 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

Without knowing the nature of the misdemeanor, it would be difficult to say definitely that you could not be deported for your situation – however, a citation generally indicates that an offense or crime is not serious. 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 your second question, US citizens should not be worried about travel bans at this time. You, your siblings, and mother should be safe in traveling. The birthright citizenship Executive Order has no effect at this time. On the second question of your mother’s approved petitions for her siblings, President Trump has not yet proposed changing the family preference categories as he did in his first term, but there is a good possibility that he will get around to doing so. In that case, any effect on your mother’s petitions would be determined by the language of the passed legislation. Please note that such a change would require a bill by Congress and could not be done through regulation or executive order. 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

Assuming that you did not obtain your permanent residence through adoption, you should certainly petition for your mother. I will also assume that your mother is overseas. The time involved would be approximately two years if she is overseas. You would have to fill out and send the I-130 petition for alien relative to USCIS to begin (you can access the USCIS website at www.uscis.gov for all the forms and instructions); wait about a year for the USCIS adjudication; and upon approval, you and your mother would begin working with the National Visa Center of the US Department of State to prepare all of her other documents for an immigrant visa interview at the American Consulate or Embassy in her home country. As for your aunt’s petition, you can largely ignore that except to notate it on the I-130 form where it asks whether your mother has ever been petitioned before. 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 appear to be eligible to sponsor your parents assuming that they have no inadmissibility issues such as crimes, fraud, etc. On the question of financial sponsorship for your parents, there is a possibility that they may be able to financially support themselves on your I-864 affidavit of support under two scenarios and one in which they can sponsor themselves: 1.) The law appears to allow nonresidents who have income from a legal source to use that income on the petitioner's I-864 as long as there is the expectation that that income will continue after obtaining permanent residence – here, the TPS status with attendant work authorization would perhaps satisfy this scenario. 2.) The assets of persons without status can be put down on your I-864 to bolster the amount of income/assets that you have in support of the I-864. 3.) Persons without status who have earned income on a certain level for 10 years in the US can sponsor themselves through the new 10/24/24 form I-485 (page 8 part 3) which will become mandatory on February 10, 2025. The old I-864W which used to self-sponsor is being discontinued. Kindly note that as you are sponsoring each parent under the immediate relative category, each parent must qualify separately under his and her own set of circumstances under any of these scenarios. 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

Unfortunately, your priority date is not current. Being exactly on the date does not make your immigrant visa available. Only a date earlier than the date on the chart qualifies. Thus, if the visa bulletin date was October 16, 2012, you would be current. You will have to wait a little longer. 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 would assume that your wife will be safe to travel from Florida to New York as you are traveling in February and her legal stay is authorized until April. The fact that she is applying for adjustment of status would appear to give her another ground to stay although it is difficult to imagine that the subject would come up where a visitor is legally authorized to stay and that the travel is domestic instead of international. 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

Besides the question of having employer A go along with you when you are no longer employed by A, kindly note that your proposed move may encounter a later difficulty with USCIS if it questions the rationale behind an employer further sponsoring where you have gone your separate ways. Among the grounds for which I-140 petition approvals can be revoked are fraud and misrepresentation. You may wish to think this over before going in this direction. 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

Although not 100% clear, it appears that a H-1B change of employer petition may not be treated the same as a regular extension by the same employer, and may not be subject to a 240 day limit on employment authorization. If you wish to be safe, your employer can always request premium processing on form I-907 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

The H-1B modernization regulation that was just passed should not have any effect upon the way that USCIS looks at your qualifications. The language favors a less restrictive interpretation in that it switches from requiring a degree “in the specific specialty” to a degree “in a directly related specific specialty” and the definition of “directly related” is “a logical connection between the required degree, or its equivalent, and the duties of the position.” USCIS will not focus on degree titles, liberal arts, etc., and consider whether the “actual course of study is directly related to the duties of the position”. Your degree in mechanical engineering combined with years of experience which were determined to be the equivalent of a bachelors in computer information systems and engineering should in my opinion still enable you to obtain a H-1B extension barring no further issues in your case. 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