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Immigration Recent Legal Answers from Lawyers

Immigration Recent Legal Answers from Lawyers
You can wait until they come into the country to submit their I-485. Have they already received their visas?
You can wait until they come into the country to submit their I-485. Have they already received their visas?

C1d visa on a 10 years ban

Answered 13 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Unless you received an order from an immigration judge or U.S.C.I.S. denied or revoked your J-1 visa, you are not barred from coming back to the States. Whether you can successfully apply for a C1/D visa will be up to the consular officer who adjudicates your application for such. Such visa is decided in the discretion of a consular officer. You would not appear to be under a 10 year ban. Due to the limitations of the Lawyers.com 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.   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
Unless you received an order from an immigration judge or U.S.C.I.S. denied or revoked your J-1 visa, you are not barred from coming back to the... Read More
You did not disclose whether you yourself have any status in the U. S. Your husband would require some basis to present a case under which he could return. If you are a permanent resident or U. S. citizen, you could petition for him, and he would be refused and required to file an I-212 application (for the deportation) and an I-601 waiver of grounds of excludability for being in the U. S. illegally for over one year, and for the gun case as long as it did not qualify as an aggravated felony. Whether he is inadmissible for the false passport used at the age of 11 is highly questionable, especially as the State Department has taken a view that minors that young are not to be charged with fraud. Due to the limitations of the Lawyers.com 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 did not disclose whether you yourself have any status in the U. S. Your husband would require some basis to present a case under which he could... Read More
Whether you can obtain an H-1B visa may depend upon your ability to have a cap-exempt organization sponsor you and whether you qualify for the H-1B’s requirement of the position being a specialty occupation by virtue of your education or a combination of your education and prior experience. There are 4 types of cap-exempt organizations – institutions of higher education, nonprofit organizations related to institutions of higher education, nonprofit research organizations, and government research organizations. If you wish to go to school instead and apply for a student visa, you can obtain an I-20 from the selected school and either take it back with you to India to interview for a student visa at the U. S. Consulate or Embassy, or attempt to change status in the U. S. I note that changes of status to student are taking an inordinate amount of time, that B visitors must maintain their B statuses regardless of how long the adjudication takes, and that U.S.C.I.S. takes a dim view of individuals who attempt to do anything at variance with the B status purpose during the first 90 days of stay in the U. S. Due to the limitations of the Lawyers.com 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
Whether you can obtain an H-1B visa may depend upon your ability to have a cap-exempt organization sponsor you and whether you qualify for the... Read More
Having the basic half of the time in the U. S. over the past 5 years does not mean that an immigration officer cannot deny the case if he or she believes that the individual has not kept up a primary residence in the U. S. The fact that your uncle never had a job or house or rented goes against him. Before filing an appeal, your uncle may wish to gather other items that would show ties and bonds with the United States. For example, proof of drivers license or state identity card, ownership of personal and real property, memberships in U. S. associations and clubs, U. S. credit cards, etc. If he decides to go forward with an appeal, he may also wish to explain what he has been doing in the U. S. and what he has been doing during the time that he has been overseas. Due to the limitations of the Lawyers.com 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. 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
Having the basic half of the time in the U. S. over the past 5 years does not mean that an immigration officer cannot deny the case if he or she... Read More
I believe that you would find it difficult to have your father come to the U. S. Insofar as the I-130 petition is concerned, U.S.C.I.S. would approve it as long as the relationship can be proved, but he would have to appear for an interview before the American consulate or embassy. The first question would be whether he understands any of the assertions that he is making on the immigrant visa application. Without being able to understand whether he falls under any of the bars such as for crime or terrorism, it would be difficult for a consular officer to pass him on the application. The second question is whether he would be inadmissible because of his condition. The condition is not a ground of inadmissibility, but there is a problem with the financials. Unless you have very high financial resources or a financial cosponsor with such under which you could assure the U. S. government that he would not become a public charge, the visa application would fail on that account. Due to the limitations of the Lawyers.com 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
I believe that you would find it difficult to have your father come to the U. S. Insofar as the I-130 petition is concerned, U.S.C.I.S. would approve... Read More
Your safest approach is to hire counsel to handle all steps from A to Z. Counsel anywhere in the USA can assist.
Your safest approach is to hire counsel to handle all steps from A to Z. Counsel anywhere in the USA can assist.

Hi, Can you please answer a query?

Answered 15 days ago by attorney Stephen A. Black   |   1 Answer   |  Legal Topics: Immigration
Your best bet is to retain immigration counsel.
Your best bet is to retain immigration counsel.
Discuss your case with counsel. Most of us give free consultations. Counsel anywhere in the US can take your case. 
Discuss your case with counsel. Most of us give free consultations. Counsel anywhere in the US can take your case. 
You can file it after it is approved 
You can file it after it is approved