Immigration Legal Questions

It is difficult to know what your qualifications are to stay in the US without more. Marrying a DACA recipient does not give you the right to live with him in the States. I suggest that you seek a consultation with an immigration lawyer who can 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

Good morning. The attorney fees to handle a fiancé visa case vary from roughly $2,500 to $7,500. Some of us, including myself, handle these cases for a flat fee at the very low end of that range ($2,500) for start to finish representation. Counsel in any state can represent you. ... Read More

You appear to have an ambitious agenda which presupposes that you will be able to make a turnaround after your time in the US under F-1 student and OPT and return under ESTA. You may or may not be fortunate enough to obtain such approval. If you do return, I do not see how you can legally have work permission to keep your LLC and your clients during the time that it takes to file for adjustment of status and to obtain a work permission based upon the adjustment of status. You should be aware if you are not already that USCIS may question whether you revealed your true intent when you entered the country under ESTA if you make quick actions to be married and file for adjustment of status. Perhaps you can have a partner or manager take care of your LLC and clients during the time that you sort out your immigration situation. 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 daughter who is a US citizen by birth and currently lives outside the United States without a job can sponsor her parents working in Canada under the conditions that she has a financial cosponsor who is a US citizen or permanent resident who can provide the requisite I-864 affidavit of support forms and documents, and that she is able to prove a domicile in the US by the time of her parents’ immigrant visa interviews. That is because a petitioning US citizen or permanent resident must be able to show that he or she considers the US his or her country of domicile. Your daughter may present such evidence as ownership of property, renting of property, US bank accounts, proof of voting in the US, a job in the US, etc. 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

Since you intend to return and be visaed with the H-1B in Vietnam in December, I see no reason why you cannot fill out the DS-160, submit it, and schedule your visa interview before October 1. A consular officer should just be concerned with whether you are qualified on the date of interview, not whether the H-1B had come into effect at the time that you submitted the DS-160. 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 “B” visitor is only admitted for the purposes of the particular trip. You should keep in mind that any quick action to submit an adjustment of status application after entry may raise the objection that your actual intent upon entry was in contravention of the B visa. The watchword is to be cautious. 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 can reapply for the visa, be honest throughout the complete process, and hope for the best. You have not stated what kind of visa you are trying to renew, but you should check the documentary requirements to also ensure that you have all the required documents for interview. Other than repaying the amount shoplifted and a fine, some evidence of rehabilitation may be helpful if you have done any voluntary acts or attended classes showing a desire to keep yourself or others from committing acts of shoplifting. 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 employer is willing to sponsor your green card, you can become an LPR. Keep in mind that applying for GC through employment based route does take a long time to process, so it is recommend to start the process as soon as possible.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More

Depends on how they entered the country, it might possible that they do not need to do AP. For example if they came under a VWP and then overstayed. I recommend talking to an attorney to see if they can adjust without having to leave the country.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More

You can certaininly apply for a tourist visa first. That will allow her to stay in the country for 6 months. You can file for a fiance visa while she is in the US. However, there are limitations about time of filing. We recommend waiting 90 days. Additionally, keep in mind that Fiance visa takes a long time to process.  This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More

You will need to report both the speeding ticket (if the fine was for more than $500) and shoplifhting in your citizenship application. As to whether it will affect your application, I recommend talking to an immigration attorney because they will need to review your criminal records to answer accurately.    Disclaimer:This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. For initial consultation, call at 480-467-3188 or email at admin@cronuslaw.com.... Read More

USCIS currently does not accept 100% online programs under its F-1 student program. The best path is to file form I-485 assuming that you have been in the country for a while and then inform the school that you have filed for adjustment of status in the US. The school should allow you to enroll under the program. As you will be adjusting status as the spouse of a US citizen, any violation of status in attending school without USCIS F-1 approval would be forgiven. 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, individuals who have expired their programs are allowed up to five months to transfer into another F-1 student program. As the starting date for your program is within the five month limit, I do not believe that you should be worried about what your profile looks like. 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

F-1 student visas are given in the discretion of US consular officers. If they believe that you would maintain nonimmigrant status while in the US and leave if and when your schooling ends, they are entitled to give you the F-1 visa. The consular office will judge your acceptability on the totality of circumstances, not just that your father has filed a petition for 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

In the instructions on form I-130, USCIS appears to want that the information of the passport or travel document used by the beneficiary at the time of entry into the US. If your grandmother used two passports at the time of entry, you should probably put down the information on the unexpired passport used at the time of entry since that was the passport upon which she was admitted. You would put the information on the line used for passport number, leave out travel document number since that would be the passport anyway, and give the expiration date of the unexpired passport. 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 consequenc... Read More

As the H-4 application was receipted, that means that the application will begin to go through processing, and there is a good likelihood that the I-765 will not be adjudicated with the H-4 since they are now separated. The best that you can do in my opinion is to send the I-765 application back in ASAP with a copy of the H-4 receipt notice and complete documentation. I say complete documentation because some individuals only submit one document to cover both applications, but these are separate applications requiring separate sets of documentation. Please read the instructions if you have not already done so. 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 most situations in which individuals have been living in the US since the year 2000 and are being petitioned under the F-4 sibling category, they generally have not been able to maintain legal status that would allow them to adjust status in the US. The exception is if you are the beneficiary of §245(i) under which you must have entered the US by December 21, 2000, and have had a labor certification or immigrant visa petition filed on your behalf by April 30, 2001. Unless you satisfy the condition of §245 (i), you should consult with your attorney before going to the interview in Ciudad Juárez as most individuals who have come to the US and not been legal for one year are barred from coming back to the US for 10 years once they step outside the country. If you qualify under the exception, you should be able to make an application for adjustment of status with USCIS. Currently for the month of September, USCIS is accepting I-485 adjustment applications for those born in Mexico whose F-4 priority date is before 4/30/01. 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 received a late message from USCIS. Under premium processing on form I-129, USCIS is given 15 business days to reach the case after receiving it, at which point it can approve it, send a request for evidence or notice of intent to deny, or a denial. If USCIS takes more than 15 business days to reach your case, it is obligated to give back the premium processing fee and continue processing the case under premium processing. 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 for purposes of your question that you are a US citizen. If an LPR, the child can be added as a dependent. However, an I-130 petition filed by the US citizen for a spouse falls in the immediate relative category, which does not allow dependent children. Please note that the new child may be a US citizen if you are a US citizen who has been physically present in the US or its outlying possessions for five years prior to the child’s birth, at least two of which were after the age of 14. In such case, you would apply at the US consulate or embassy for the child’s recognition as a US citizen. If you do not meet those conditions, you would file an I-130 petition for the child. 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 correct filing fee for form I-765 when filing with an I-485 adjustment of status application is $260. This was made clear in the Federal Register implementing the change in fees. 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

Venezuelans are processing their visas at the US Consulate in Columbia. Does she have a Venezuelan passport? I charge a very reasonable flat fee for fiancé cases. Moving to another country for the reason you stated makes sense and the US State Department would see it that way most likely. But if they don't they would just make her process at the US Consulate in Columbia. They ... Read More