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New York Immigration Recent Legal Answers from Lawyers

New York Immigration Recent Legal Answers from Lawyers
I do not see the sense of attempting to apply for a visit in May when your 10 year ban ends in September. It could possibly take longer for U.S.C.I.S. to agree to admit you than September. There is of course no guarantee that an American consular officer will issue a visiting visa to you even after the 10 year bar is over. When you say that your brother applied for a change of status for you and the case was approved by the first processing, I assume that you mean that your brother is a US citizen and applied for an I-130 petition on your behalf which has already been approved and that he and you are awaiting information from the Department of State. Generally speaking, your brother should have received communication from the National Visa Center (NVC) of the Department of State when the I-130 petition was approved. The NVC would generally just advise that it had your case and give the NVC case number. A sibling case takes approximately 12 years for an individual to be interviewed for an immigrant visa. You would probably have to wait over 11 years before the NVC began sending paperwork to you and your brother concerning the payment of visa fees and giving a list of documentary requirements. Your chances of immigrating through your brother are probably better than your obtaining a nonimmigrant visitor's visa, the latter of which requires a showing of non-immigrant intent. 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 do not see the sense of attempting to apply for a visit in May when your 10 year ban ends in September. It could possibly take longer for... Read More
There are many countries that generally do not care about the immigration status of an immigration applicant in another country. The United States for one does not care, and we have immigrated many people to the States whose immigration statuses were not legal in a third country. More of an impediment is probably your age and possible lack of high education and working skills if attempting to immigrate through employment.  You would have to speak with people who know about the immigration rules of other countries on your specific circumstances. We unfortunately do not.  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
There are many countries that generally do not care about the immigration status of an immigration applicant in another country. The United States... Read More

Dose take unemployment make any problem for wife's petition ?

Answered 21 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I do not believe that your taking unemployment while having the green card will have an effect upon your ability to apply for you wife as long as there is adequate financial support for her to immigrate through your I-864 affidavit of support or a joint I-864 by a credible friend or relative. The nature of unemployment benefits is that you along with every other worker pays into the system, and you are supposed to benefit when you lose employment. Insofar as your citizenship is concerned, such would have no effect whatsoever. 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 do not believe that your taking unemployment while having the green card will have an effect upon your ability to apply for you wife as long as... Read More

Can a ban be waived

Answered 2 months ago by attorney Sheree Wright   |   1 Answer   |  Legal Topics: Immigration
Hello, there are waivers available. However, any good lawyer would tell you that more information is needed in order to analyze your situation. Our firm does waivers all the time so you can feel free to contact us if you wish. 
Hello, there are waivers available. However, any good lawyer would tell you that more information is needed in order to analyze your situation. Our... Read More

IMMIGRATION

Answered 2 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
A person who applies for asylum and has no other status is here under grace, and not under a legal nonimmigrant status. In leaving the US, she would have given up her asylum claim. She would find it hard to come back to the US on a tourist visa. To an American consular officer, she would have a difficult time showing nonimmigrant intent. I am not sure from your fact situation if you are saying that you are in the process of trying to get the green card or if she is or was. If you are in the middle of the process, and if your process allows you to travel out of the US and your category does not bar you from being married, you may travel overseas to marry her and add her to your case if you are serious about her. Also if you are a US citizen and serious about her, you might be able to bring her back under a K-1 fiancée visa or through marrying her and petitioning directly for her permanent residence. With a green card, you would only be able to take the second route. I note that overstays of 180 days or one year bar an individual from returning to the US for three years or 10 years respectively with some exceptions. In the asylum application context, your girlfriend should be prepared to show that her asylum claim was not frivolous. 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
A person who applies for asylum and has no other status is here under grace, and not under a legal nonimmigrant status. In leaving the US, she would... Read More

Can a mother add her over 18 age children in her petition for a visa?

Answered 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
For your information, the limit on age to bring in a child is 21, not 18.  In your facts, you did not state whether the mother is married or unmarried. If married, the grandfather would have petitioned for her under the F-3 category which presently has a backlog of approximately 12 years. If single, the backlog is approximately 7 years. As you state that the mother's case will complete three years on April 26, 2019 meaning that the grandfather filed in April 2016, the child who is 25 definitely will not be allowed to immigrate as he or she was already over the age of 21 at the time of filing. Whether the other two children can ultimately immigrate will depend upon how long the I-130 petition pends at U.S.C.I.S. The pending time is considered a credit when counting the ages of children, and the longer the petition pends, the better for the other two children. 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
For your information, the limit on age to bring in a child is 21, not 18.  In your facts, you did not state whether the mother is married or... Read More
Marriage fraud is one of the forever bars for which there is no waiver. Any further petition is deniable unless the applicant is able to persuade U.S.C.I.S. and the US consular officer that there was actually no fraud. Such could be a situation in which the case is denied for fraud, but the applicant is subsequently able to prove that they have been living overseas together for a long time, or there is a child born of the union.  I do note that we have seen situations in which the consulate or embassy was uncertain of whether there was actual marriage fraud and did allow a waiver to be done, which approval resolved the situation.  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
Marriage fraud is one of the forever bars for which there is no waiver. Any further petition is deniable unless the applicant is able to persuade... Read More
It should be about 3-6 weeks 
It should be about 3-6 weeks 

Change in Status from F1 to Green card from Marriage!

Answered 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
As your wife is a permanent resident, there is no immediate visa availability and she would first file an I-130 preference petition on your behalf. You must then both wait to see when that date of filing becomes available for adjustment of status (you must determine it by seeing whether U.S.C.I.S. is accepting visa chart A (final action date) or visa chart B (filing date) for the month). When you see that the date is available, you can file for the I-485 adjustment of status application.  For the month of November, U.S.C.I.S. is using chart B, under which it is accepting I-485 applications from those who filed I-130 petitions less than a year ago before December 1, 2017. If the pattern continues, you could likely be processed for the green card in approximately 2 years as the final action date has moved to September 15, 2016. 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
As your wife is a permanent resident, there is no immediate visa availability and she would first file an I-130 preference petition on your behalf.... Read More

How I can get an immigration visa ?

Answered 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Your question is unfortunately too vague to be answered. The US allows immigration mainly through family relations already in the US or through employment which is generally through sponsoring organizations or investment. Immigration can also come through asylum where individuals are already in the US or refugee status although that is being discouraged by the Trump administration. You should set up a consultation with an immigration lawyer who can go through your options. Many lawyers have telephonic consultations. 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
Your question is unfortunately too vague to be answered. The US allows immigration mainly through family relations already in the US or through... Read More