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AV Preeminent Peer Rated Attorneys
New York Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
New York Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How long does parent have to wait to get a green card?

Answered by attorney Jennifer Maude Oltarsh
Immigration lawyer at Oltarsh & Associates, P.C.
Unfortunately if your father was in the United States unlawfully for over a year and left, that departure triggers a ten-year bar. Although there is a waiver available it can only be based on the hardship to a US citizen or permanent residence spouse or parent. It seems that your father may not have a qualifying relative. Before departing the United Sates it is critical to speak to an attorney about the legal consequences.
Unfortunately if your father was in the United States unlawfully for over a year and left, that departure triggers a ten-year bar. Although there is a waiver available it can only be based on the hardship to a US citizen or permanent residence spouse or parent. It seems that your father may not have a qualifying relative. Before departing the United Sates it is critical to speak to an attorney about the legal consequences.
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What are the requirements of the green card sponsors based on employment?

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Answered by attorney Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)
Immigration lawyer at Havens Lichtenberg PLLC
The sponsoring company must demonstrate "ability to pay" which means, basically, that the company's income must be more than the wages of the sponsored employee. Sometimes, if the income is not enough, some of the company's internal financial resources can be used; but the procedure is too complicated to discuss here. Ability to pay is not the only requirement: as a threshold, the sponsor would have to show that the position cannot be filled by a U.S. worker, or that it is in a category that is exempt from the labor market test.
The sponsoring company must demonstrate "ability to pay" which means, basically, that the company's income must be more than the wages of the sponsored employee. Sometimes, if the income is not enough, some of the company's internal financial resources can be used; but the procedure is too complicated to discuss here. Ability to pay is not the only requirement: as a threshold, the sponsor would have to show that the position cannot be filled by a U.S. worker, or that it is in a category that is exempt from the labor market test.
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When can my mom's immigration vise be approve after a a sponsor is found?

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
It appears from your scenario that the only document which is missing at this time is the I-864 affidavit of support form and related documentation. That usually means that the case is still at the National Visa Center. If the priority date is current or this is a non-quota case which does not require a visa number, your mother could be scheduled for interview at an American Embassy or Consulate in the home country within a matter of months. Following interview and approval and assuming that there is no further administrative review of the case, your mother would be given an immigrant visa package within a few weeks after the interview. She would then have to pay $165 electronically to the Department of Homeland Security for the approved immigrant visa and could thereafter board the plane to come to the country.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.  
It appears from your scenario that the only document which is missing at this time is the I-864 affidavit of support form and related documentation. That usually means that the case is still at the National Visa Center. If the priority date is current or this is a non-quota case which does not require a visa number, your mother could be scheduled for interview at an American Embassy or Consulate in the home country within a matter of months. Following interview and approval and assuming that there is no further administrative review of the case, your mother would be given an immigrant visa package within a few weeks after the interview. She would then have to pay $165 electronically to the Department of Homeland Security for the approved immigrant visa and could thereafter board the plane to come to the country.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.  
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