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New York Immigration Recent Legal Answers from Lawyers

New York Immigration Recent Legal Answers from Lawyers
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 a month 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 a month 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
Assuming that you are single, the current processing time is approximately 7 years. If you are married, the processing would take 12+ years. 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
Assuming that you are single, the current processing time is approximately 7 years. If you are married, the processing would take 12+ years. Due to... Read More
You can petition an immediate relative if you are over the age of 18 and a green-card holder or citizen. Non-biological mother must be married to your biological father to be qualified and considered for Immigrant Visa. Please discuss your case with an attorney, if you wish to move forward. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to start working with an attorney... Read More
You can petition an immediate relative if you are over the age of 18 and a green-card holder or citizen. Non-biological mother must be married to... Read More
The difficulty here is that cases which are refused at the Consulate or Embassy and returned to the US are not a great priority. As a result, it is sometimes hard to get a straight answer as to where the case is at. You can try to get more specific information from the consulate or embassy as to when the case was actually sent back. You can also keep checking periodically with the NVC to see whether the case has passed through the NVC. You can also check with the approving service center to see whether it received the case back. If all else fails and you believe that the consulate or embassy was incorrect in rejecting your marriage case, you can refile. 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
The difficulty here is that cases which are refused at the Consulate or Embassy and returned to the US are not a great priority. As a result, it is... 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 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
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 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
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
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 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
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
your best and safest bet is to retain immigration counsel to handle all steps from A to Z so the application is done correctly. Counsel anywhere in the US can represent you. 
your best and safest bet is to retain immigration counsel to handle all steps from A to Z so the application is done correctly. Counsel anywhere in... Read More

Help Understanding "Physically Live"

Answered 4 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Naturalization based upon three years marriage to a US citizen is a special privilege in which applicants must prove that they have been married for three years, the US citizen has been a citizen for three years, and the couple are living together physically for that period of time. Applications can be filed 90 days ahead of the three years if all conditions are met. Because it is a special benefit, U.S.C.I.S. insists that the people live together constantly. Your spending more time in New York than where your wife lives makes you ineligible for the benefit if U.S.C.I.S. discovers that you are not constantly in marital relationship with your wife.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
Naturalization based upon three years marriage to a US citizen is a special privilege in which applicants must prove that they have been married for... Read More
It is hard to see how a case with the Administration for Child Services (ACS) would affect an application for citizenship if it never went to court. I assume that you were not arrested. If you were, there could possibly be a problem.  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
It is hard to see how a case with the Administration for Child Services (ACS) would affect an application for citizenship if it never went to court.... 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 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
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
If you sent letter to withdraw your N400  Petition, then you can file another one if you qualify for the 5 years evn though you did not receive any confirmation of the receipt of the withdrawal. 
If you sent letter to withdraw your N400  Petition, then you can file another one if you qualify for the 5 years evn though you did not receive... Read More
Your employer cannot revoke your green card. However, they could sue you for breach of contract if you don't pay the amount. You should have a lawyer look over the contract to see if there is a way you can get out of the contract.
Your employer cannot revoke your green card. However, they could sue you for breach of contract if you don't pay the amount. You should have a lawyer... Read More

What is the process to change a visa from L1 to E2?

Answered 5 months ago by attorney Stephen A. Black   |   1 Answer   |  Legal Topics: Immigration
You should retain competent Immigration counsel to process your application, anywhere in the USA. 
You should retain competent Immigration counsel to process your application, anywhere in the USA. 
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 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
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
Your question would be best answered if we had the case number assigned by National Visa Center (NVC) and the invoice number. We can then access NVC web site and based on your sister's category and the country of origin we can then determine the approximate lenght of time before she is scheduled for an interview.... Read More
Your question would be best answered if we had the case number assigned by National Visa Center (NVC) and the invoice number. We can then access NVC... Read More
As you do not present a marriage based case in which one party has status and is petitioning for the other party, the rules on proving a bona fide marriage including joint tax filings do not necessarily apply in your case. There would not likely be any immigration problem concerning the bona fides of your marriage as long as there is any other proof that you have a bona fide marriage in which you have lived together as man and wife. We do not deal in tax issues, however, and you may wish to look into whether filing single when married would be a violation of tax laws. 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 you do not present a marriage based case in which one party has status and is petitioning for the other party, the rules on proving a bona fide... Read More

How Long does it take to bring my husband to the U.S??

Answered 7 months ago by attorney Stephen A. Black   |   1 Answer   |  Legal Topics: Immigration
Every case is unique. Retain counsel for a free consultation.
Every case is unique. Retain counsel for a free consultation.
While we are in New York City and our practice is confined to immigration law, we do not specialize in naturalization and travel documents. That being said, please contact us if you wish a consultation. We do charge a consultation fee.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
While we are in New York City and our practice is confined to immigration law, we do not specialize in naturalization and travel documents. That... Read More
An immigration application or petition which is on hold usually means that U.S.C.I.S. is looking at something which may be of concern, and wishes a resolution of the question before further processing the case.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
An immigration application or petition which is on hold usually means that U.S.C.I.S. is looking at something which may be of concern, and wishes a... Read More
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Please retain a lawyer to discuss details of the case. We charge $275 for I-130 application.
Please retain a lawyer to discuss details of the case. We charge $275 for I-130 application.