Immigration Legal Questions

Your siblings will have to home strong home ties which shows the U.S. government personnel that they have a lot going on which proves that they will go back at the end of their visit. Strongly recommend you seek detailed Legal Strategy Session with an immigration attorney to review other forms of visa.... Read More

Some J-1 individuals maybe required to spend  two year in their home country once done with the program. You said your fiancee is from Germany, he unfortuantely will need to fufil the two year stay in his home country. Generally U.S. Citizen spouses who are or were on J-1 visas need to fulfil the two years if their country is amongst the countries with this requirement. Your fiancee/future husband can apply for a waiver, it is not guaranteed but worth a try. I strongly recommend you retain an attorney to assist you with the process; start with have a detailed strategy session with an attorney.... Read More

Generally since your mother is currently her primary custodial caregiver and take responsibility for your sister the applicant is considered an authorized designated representative. She is in the States legally, is an LPR so there should not be an issue of representation.  Ensure attach document that establishes familial relationship between your sister and your mother as well as proof your mother is the primary custodial caregiver. I will strongly recommend you seek representation from an attorney  who can assist in reviewing and assemblying your application for you as he/she will assist you with confidence and all adequate pieces of evidence plus more.... Read More

You did not mention your current status but there are several crimes that makes one inadmissible to the United States hence deportable. If you are currently on a Green Card and when it is time to file for Citizenship I strongly recommend you seek assistance from an attorney as certain offences constinutes a conditional bar e.g. Crimes Involving Moral Turpitude (CIMTs).... Read More

Immigration looks at the name you put in your form, the name on the beneficiary's passport, the name on your marriage certificate and even provide areas within the I-130 form to provide "other" names used by the beneficiary. It is going to be up to the immigration officer to decide if the middle name matters. If there are discrepancies in names, they may ask for more information.... Read More

Ensure that you are looking at your direct Green Card for the date. Five years is required before one can apply for U.S. Citizenship so if based off the date you have provided then July 2026 on that date will make it five years. General note: If you have left the contry a lot, note the number of days outside of the United States will/may count against you. Have a legal strategy session with an immigration attorney to ensure that you have no potential issues.... Read More

A US Citizen girlfriend can sponsor her boyfriend for a green card after marriage. If you do not make enough money to financially sponsor him, mom can act as a joint financial sponsor. Work with an attorney to make sure the case is handled correctly. Some of us charge an affordable flat rate fee to handle the case from start to finish. ... Read More

The federal legislation known as VAWA, Violence Against Women Act, protects battered immigrants, either spouse, parents, or children, whose close family member abuses them. The abuser who is either a U.S citizen or a green card holder (lawful permanent resident) may refrain from helping the victim to proceed with the immigration process by using intimidation and control. VAWA allows victims to petition (known as self-petition) for themselves independently and safely without the knowledge, participation, or consent of their abuser. Work with an immigration lawyer to maximize your chances of success.   ... Read More

A US Citizen residing overseas can sponsor his spouse after marriage for a green card and process at the US Consulate where you reside. At your interview, you would need to convince the officer that you both have taken concrete steps to relocate to the US and can prove that through documentaary evidence. ... Read More

You didn't disclose why the case was denied. Did you attend a marriage interview? If so, the case was most likely denied because the officer didn't believe the marriage was bona fide. If you received an employment authorization after that, it's not because the main case was reopened. That's a different department that handles work authorizations and if the adjustment case was denied, then the work permit is not valid. You can always apply again for a green card if your evidence the second time is more convincing than the first time. ... Read More

You have a dual intent situation which technically is permitted. The important thing to do is to tell the truth in every representation that you make both written and oral. Since the easiest pathway to a green card is through your US citizen wife's sponsorship, I would pursue that as a priority. You should work with an immigration lawyer to handle the case from start to finish. Some of us charge a reasonable flat fee with no hidden costs. ... Read More

Your US Citizen fiancé can sponsor you and your 16 year old child for Fiancé visas, and once you enter you have 90 days to get married. Thereafter you can both adjust status to get your green cards. You can return to your country while the case is pending only if you apply for an advance parole document. The purpose of the advance parole is to visit and then return. ... Read More

A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US legally. This is despite that both are or will be in overstay status. It is not uncommon that the checks for USCIS filing fees have not been cashed after 30 days. There are many backlogs at most field offices so remain patient. ... Read More

I do not see a petty theft from 2001 for which you did community service and served no jail time as affecting your application for citizenship in 2024. Naturalization only requires good moral character within the statutory time limit, which I assume is five years in your case (three years for someone eligible for naturalization under the three year rule). 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 individual who enters the US on an immigration visa is a permanent resident upon entry. The stamp on the passport given by CBP at the airport is the confirmation of resident status. Therefore, although I do not know tax law, I believe that you should be filling out “resident alien”  as you are a permanent resident regardless of whether you have yet to receive the physical card. 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 most likely will not impact your green card approval. However, you should get a copy of 1) the police report ,2)  the record of conviction and 3) the record of sentencing that the court entered. 4) if probation was ordered then any court record that the terms of probation were successfully completed. You should get certified copies of these records ,if possible, because the immigration officer will need to see them. ... Read More

There may be a hitch with your travel plans. A person applying to change status to another visa category in the US is not allowed to leave the country during the time that it is pending. Assuming that you wait until the F-1 status is approved, you would have to reenter under a F-1 visa instead of H-1B. 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 USCIS processing times are not certain, and you would like your new employment authorization to be in effect in approximately three months, you should probably start at this point. Kindly note that eligibility for H-4 work is restricted to those whose principal H-1B holder spouse has either an approved 1-140 petition or has applied for a labor certification application or employment based immigrant visa petition which has been pending at least 365 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

Unfortunately, the company needs the H-1B approval letter before you can start working for it. The I-9 employment authorization verification form is required to be filled out by the company, and the I-797A notice of approval is a necessary document to prove your H-1B 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

It is probable that you will be able to renew your F-1 visa as your offense is a pending traffic ticket, but kindly note that the DS-160 visa application form asks whether you have ever been arrested or convicted for any offense or crime. You have not said whether you were arrested, but if not, your offense would not have to be disclosed unless you were directly asked about it during the visa renewal process. 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