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Immigration Legal Answers

Immigration Legal Answers
You may be able to qualify for a green card based on the VAWA Act (The Violence Against Woman Act). More facts would be needed to investigate. Are there police reports of the domestic violence? Have you sought counseling? Do you have pictures of the abuse? Do u have any witnesses to the abuse? Has your spouse been arrested due to the abuse? Counsel anywhere in the USA can represent you. Most of us give free consults. ... Read More
You may be able to qualify for a green card based on the VAWA Act (The Violence Against Woman Act). More facts would be needed to investigate. Are... Read More
Consider retaining counsel to handle all steps from A to Z for a smooth pathway to a successful outcome. Counsel anywhere in the USA can help. Good luck. 
Consider retaining counsel to handle all steps from A to Z for a smooth pathway to a successful outcome. Counsel anywhere in the USA can help. Good... Read More
If your parents can produce a valid marriage certificate that is dated prior to you turning 18, then your stepdad can sponsor you for a green card, provided you are not married. That is the general rule. Every situation is unique so to make sure of your riights to acquire permanent resident status, discuss your case in private with counsel. Dont delay!... Read More
If your parents can produce a valid marriage certificate that is dated prior to you turning 18, then your stepdad can sponsor you for a green card,... Read More

i-485

Answered 10 days ago by attorney Stephen A. Black   |   1 Answer   |  Legal Mostics: Immigration
You should retain counsel to assist you in your application.
You should retain counsel to assist you in your application.
Yes it’s possible for your fiancé to adjust status if she enters the country legally, but be careful of preconceived intent. If she enters the country intending to stay as a tourist but her real intent is to remain permanently, immigration officials may consider this as an immigration violation. It’s advisable if you retain counsel to handle your case so it is done without any complications.... Read More
Yes it’s possible for your fiancé to adjust status if she enters the country legally, but be careful of preconceived intent. If she... Read More

Valid I 94. COS to H4 without leaving the country ?

Answered 15 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
The question may hinge upon whether you have stepped on board with the 2nd employer rather than waiting for the result of the H-1B transfer/extension petition. Although authorized to immediately work for the 2nd employer upon receiving the receipt of filing, U.S.C.I.S. usually considers that work unlawful if the H-1B transfer/extension petition is denied. If you are still with the first employer, a change of status to H-4 could seemingly be done without problems. If you are already working with the 2nd employer, that could be seen as a violation of status leading to a denial of the change of status application. Generally speaking, you must show your current legal status to U.S.C.I.S. when you are applying for a change of status which in your case would involve providing recent pay slips from your authorized employment. 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 question may hinge upon whether you have stepped on board with the 2nd employer rather than waiting for the result of the H-1B transfer/extension... Read More
Your wife could perhaps take on another course of study in another subject. She could also register for continuing education courses such as offered by an institution such as Kaplan. Another short-term option is applying for a change of status to B-2 visitor, but such could only be requested for 6 months, and she would have to make a further application to extend all the way to February. As you are a U. S. citizen, have you thought about the possibility of sponsoring her directly for permanent residence? If so, you and she could file a concurrent I-130 Petition for Alien Relative and I-485 Application to Register Permanent Residence or Adjust Status with U.S.C.I.S. at any time, and she would be allowed to stay in the U. S. during the pendency of the application. If she needs to travel, she would apply for an I-131 Application for Travel Document and for work privileges form I-765 Application for Employment 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
Your wife could perhaps take on another course of study in another subject. She could also register for continuing education courses such as offered... Read More

Will my opt extension get rejected. ?

Answered 15 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Mostics: Immigration
Your employer appears to be misinformed as everyone will be looking at your U. S. Masters in computer science rather than your degree from India. Perhaps your employer has been reading many articles in the ethnic newspapers that focus on the difference between India and U. S. bachelor’s degrees. But those would not be relevant in your case where you have a U. S. Masters in the field for which you will be obtaining A STEM extension (provided that your employer is under E-Verify) and applying for a future H-1B petition. 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 employer appears to be misinformed as everyone will be looking at your U. S. Masters in computer science rather than your degree from India.... Read More
Even with a “two-week limited stay” notation on his passport, your boyfriend may be allowed to remain in the U. S. through filing a B-2 extension application on form I-539 Application to Extend/Change Nonimmigrant Status with payment of $370 to U.S.C.I.S. I do note that a denial would automatically invalidate his present tourist visa. If he decides to go back home rather than filing an extension request, he should perhaps wait another 6 months before attempting to come back to the U. S. Also instead of him coming to the U. S. to visit you, you could always visit him in the Caribbean. 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
Even with a “two-week limited stay” notation on his passport, your boyfriend may be allowed to remain in the U. S. through filing a B-2... Read More
An individual who falls within the immediate relative class (spouse, parent, or child under the age of 21 and unmarried) of a U. S. citizen is still able to adjust status even if overstaying his or her present visa status. When a concurrent I-130/I-485 application is submitted for such an individual who does not have other inadmissible factors, that person falls within a state of grace in which he or she is not technically legal, but in which DHS will generally take no action against the individual until the case is completed. 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
An individual who falls within the immediate relative class (spouse, parent, or child under the age of 21 and unmarried) of a U. S. citizen is still... Read More




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