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Immigration Legal Answers

Immigration Legal Answers
You may qualify for asylum if you have evidence that your life is in danger due to religious persecution if you return to France. Discuss in priavte with counsel. 
You may qualify for asylum if you have evidence that your life is in danger due to religious persecution if you return to France. Discuss in priavte... Read More
Traditionally a person applying to change visa status from J-1 to F-1 in the US has been authorized to stay while the application is pending. That rule has been put in question by U.S.C.I.S. instructions that appear to indicate that all individuals and not just "B" visa holders (business or visitor visa holders) should maintain their legal nonimmigrant status until the time that U.S.C.I.S. adjudicates the change of status application. The new instruction appears puzzling for a number of reasons, including for a situation like yours in which you would likely not be able to extend your J-1 status past a period of time.  It leads to nonsensical results in which the ability to change status is dependent upon U.S.C.I.S.'s speed in adjudicating the application or if the individual has a valid reason to extend stay in the US while awaiting adjudication of the change of status application. Also U.S.C.I.S. requires the payment of an additional fee for extension application which is only caused by its nonsensical instruction. One can only hope that this instruction is clarified to only pertain to "B" visa holders instead of individuals like you. Due to the limitations of the elawyers.info 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
Traditionally a person applying to change visa status from J-1 to F-1 in the US has been authorized to stay while the application is pending. That... Read More
On the circumstances as you describe, you would not have authorization to continue to work following the expiration of your H-1B and before you receive the EAD. You would have to stop work and not work between your H-1B expiration date and date of receiving the EAD. Due to the limitations of the elawyers.info 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
On the circumstances as you describe, you would not have authorization to continue to work following the expiration of your H-1B and before you... Read More
Under the F-11 category as the single daughter over 21 of a US citizen, that is the status that you must maintain until the time that you arrive with an immigrant visa to the US. At that point, CBP would stamp your passport with an immigrant visa entry, and you could then return home and marry your intended. Marrying your intended prior to your arriving in the US with an immigrant visa would make you ineligible for immigration. With the immigrant entry stamp in your passport – not just the visa – you are a permanent resident and can marry your intended. Due to the limitations of the elawyers.info 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
Under the F-11 category as the single daughter over 21 of a US citizen, that is the status that you must maintain until the time that you arrive with... Read More
The law only allows a step relationship to be formed where the marriage was entered into prior to the child's turning the age of 18. In your case, the answer may hinge upon the law of the jurisdiction in which your mother and stepfather were married. If they were married in a country that recognizes church ceremonies as legally binding under law, then the step relationship would be formed upon the church wedding and your stepfather would be able to petition for your green card. Otherwise you would not be able to do so. Due to the limitations of the elawyers.info 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 law only allows a step relationship to be formed where the marriage was entered into prior to the child's turning the age of 18. In your case,... Read More
The difficulty will be problems with an adjustment of status here in the US assuming that your mother applies for you and the priority date later becomes current. Technically you have not held "legal" status since you entered into the US at the age of four. DACA is not seen as a legal platform from which individuals can adjust status. Under present law, you would have to leave the US and consular process your immigration overseas at an American consulate or embassy. You would most likely be barred for 10 years by virtue of your being unlawfully present for one year or more in this country. You can, however, apply under the I-601A program in which a waiver of the 10 year bar is available after the approval of the  I-130 petition as long as there would be extreme hardship to your permanent resident mother if the waiver was not granted. With a waiver, you would still interview at the American consulate or embassy, but the interview would in all likelihood be a normal one and you would most probably return to the US with an immigrant visa within 1-2 months. Due to the limitations of the elawyers.info 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 difficulty will be problems with an adjustment of status here in the US assuming that your mother applies for you and the priority date later... Read More

can i apply for protection after i signed the removed paper?

Answered 16 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
Although your giving birth to a baby girl in Saipan makes her a US citizen by birth, it ordinarily does not give you the right to protection to stay based on the birth of the child. This is now a touchy subject because of the wide publicity being given to those attempting to enter the US with their children either illegally or at a border point to seek asylum who were separated by the Trump policy of zero tolerance. Neither parents nor children had legal status, and the Administration separated them to prosecute and keep the parent in detention and make them more amenable to immediate deportation in hopes of ending the separation. Given the difference in your case that your child is a US citizen and the huge unfavorable publicity over the issue of child – parent separation, I do not see that happening to you. Unless you waived your right to a hearing before the immigration court, you would likely be released until the date of your court hearing. At that time, you could make any claims that could allow you to remain in the US. I again note that it is  ordinarily not a recognizable claim to request protection because your child was born a US citizen.Due to the limitations of the elawyers.info 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
Although your giving birth to a baby girl in Saipan makes her a US citizen by birth, it ordinarily does not give you the right to protection to stay... Read More

Chnage of B1 visa to work visa

Answered 16 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
If you are a national of the country that has a treaty of commerce and navigation with the US entitling its nationals to apply for E-1 treaty trader or E-2 treaty investor visa statuses, you could begin the company through a manager who could be in charge until the time that you have all of the documentation ready to submit for either of these is status. Both statuses envision a national of the treaty country owning at least half of the enterprise, constructing a business which is more than a mom-and-pop shop, and either conducting substantial trade between the US and the treaty country (E-1) or investing a substantial amount of money in a commercial business (E-2). A legitimate purpose of a B-1 visa entry is to look for business opportunities in the US, but the visa does not allow someone to work here without authorization.Due to the limitations of the elawyers.info 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
If you are a national of the country that has a treaty of commerce and navigation with the US entitling its nationals to apply for E-1 treaty trader... Read More

Number of extensions permitted for a "B-1" Visitor Visa holders ?

Answered 16 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
Your friend may apply for an extension of the stay to help her daughter with her new baby, but U.S.C.I.S. must be convinced that there is a finite end to her stay. It may give her an extension for another six months, but unless there are extraordinary circumstances, would likely deny a further request. Due to the limitations of the elawyers.info 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
Your friend may apply for an extension of the stay to help her daughter with her new baby, but U.S.C.I.S. must be convinced that there is a finite... Read More
In the past, the general rule was that you could inquire about employment authorization applications after 75 days. That is now abrogated as U.S.C.I.S. is no longer so concerned about alien rights to work in the country. In most family-based cases, the employment authorization application will be handled by the National Benefits Center which presently has a processing time of between 4.5-6.5 months before adjudication and has instructions for the public not to contact it concerning such application unless it was filed prior to January 21, 2018. As your case is already at 4.5 months, hopefully you will have the application adjudicated soon.Due to the limitations of the elawyers.info 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
In the past, the general rule was that you could inquire about employment authorization applications after 75 days. That is now abrogated as... Read More



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