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Immigration Legal Answers

Immigration Legal Answers
How much capital is he thinking about investing?
How much capital is he thinking about investing?
Married to a US citizen, you are planning to take advantage of the three-year rule for naturalization. It appears that you would fit the residence requirement even if you were to leave the US two months before your three years of residency are completed. Coming back to the US, you would have to resume residency in the same immigration district. You would also have to match the other requirements which are that your wife has been a US citizen for three years, and that you have resided together continuously without separation during the time that you have held the green card. On that score, I assume that you would be taking your wife with you on your overseas trip.Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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
Married to a US citizen, you are planning to take advantage of the three-year rule for naturalization. It appears that you would fit the residence... Read More
You should understand that once the K-1 visa is approved and your fiancé comes to the US, you are given 90 days to marry. Therefore your statement that you "intend to marry someday" is not appropriate. Other than that, you would have to show U.S.C.I.S. proof of your bona fide relationship and having met within the past two years when filing the I-129F form. The question of a cosponsor may come up at the time that he is interviewed at the American consulate or embassy and the co-sponsor should provide the I-134 affidavit of support with job letter, banking statements, proof of recent pay, and at least the last year's tax return.  Once your fiance enters the U.S., and you are both married, he can file for an adjustment of status to permanent residence on form I-485 and at the same time request work authorization on form I-765. Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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 understand that once the K-1 visa is approved and your fiancé comes to the US, you are given 90 days to marry. Therefore your... Read More
The question would appear to depend upon the type of H-1B amendment that your company is filing with U.S.C.I.S. If it was a substantive amendment and you had already undertaken the activity for which the amendment was made, failure to answer the RFE could theoretically give a problem on an H-1B transfer. If the amendment was to place you in a new activity upon its approval, you could ask your present company to withdraw the amendment petition and continue working in your authorized activity while seeking H-1B transfer with your new company.Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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 question would appear to depend upon the type of H-1B amendment that your company is filing with U.S.C.I.S. If it was a substantive amendment and... Read More
The length of time that someone who is picked up and detained by Immigration depends upon ICE's view of the individual, Sometimes people can be released by the agency on their own recognizance or on bail with a notice to appear at the immigration court. Otherwise they are generally held until they either have a bond hearing before the immigration court, or failing that, appear before the immigration judge for a master calendar hearing at which time they can ask for voluntary departure to leave the country or for any other relief to which they believe that they are entitled.  The actual time varies dependent many times on the speed of the local immigration court.  Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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 length of time that someone who is picked up and detained by Immigration depends upon ICE's view of the individual, Sometimes people can be... Read More
There are a few scenarios to your question. If you are talking about the additional 10 days that you are given past the validity period of your H-1B petition, that is only a grace period during which you can stay but not work. If the I-94 matches the petition date and is longer than the date given on your visa, you can continue to work until the expiration date of the I-94. If the validity period of your visa matches the time given in the H-1B petition, and the I-94 gives any other different date than 10 more days thereafter, it is questionable whether you are authorized to stay or to work as the I-94 date could be a mistake.Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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 a few scenarios to your question. If you are talking about the additional 10 days that you are given past the validity period of your H-1B... Read More

What is the process to marry a non US citzen here on a work visa?

Answered 10 days ago by attorney Stephen A. Black   |   1 Answer   |  Legal Mostics: Immigration
If you are a US citizen and your fiancé entered the country legally, you can sponsor him for his green card after you marry him.
If you are a US citizen and your fiancé entered the country legally, you can sponsor him for his green card after you marry him.

green card for the spouse?

Answered 16 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
The choice is not necessarily one or the other – your wife could apply for the I-130 at this time and possibly upgrade it to immediate relative petition status after she obtains her citizenship. The benefits of filing now are that the petition will have a head start in case your wife fails to be naturalized, and there is a lesser burden of proof than if you are subsequently placed under proceedings in front of an immigration court (assuming that you filed your asylum application affirmatively with U.S.C.I.S and your case is still pending with the agency). For adjustment of status in the U. S. based on marriage, you would generally have to be the immediate relative of a U. S. citizen to qualify (spouses, parents, and children under the age of 21 and unmarried are considered immediate relatives who can adjust status even if not maintaining legal status so long as they were inspected and admitted or paroled into the country) unless you are maintaining legal status at all times in the country. There is a legal question as to whether an individual whose timely files for asylum while in legal nonimmigrant status which later expires is considered legal for purposes of an adjustment of status application based upon a category other than asylum. Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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 choice is not necessarily one or the other – your wife could apply for the I-130 at this time and possibly upgrade it to immediate relative... Read More
It may well be that there was nothing wrong with the format of your request.  Because of the large quantity of correspondence received by U.S.C.I.S., the average time to receive a response to a withdrawal request on a pending petition is generally 2 months.  To withdraw a pending petition, you should write to the Service Center that is holding the petition, and simply request that your petition be withdrawn giving your names and the USCIS case number.  You can also attach a copy of the receipt notice from the agency. Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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 may well be that there was nothing wrong with the format of your request.  Because of the large quantity of correspondence received by... Read More

Will I as her sponsor have to pay for her daughters medicaid?

Answered 16 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
You would not have to pay back the government if sued on this account in my opinion. That is because your affidavit of support was on behalf of your mother-in-law, and not the U. S. citizen minor daughter. Due to the limitations of the effectsportal.net Forums, Alan Lee, Esq.'s (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 would not have to pay back the government if sued on this account in my opinion. That is because your affidavit of support was on behalf of your... Read More




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