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AV Preeminent Peer Rated Attorneys
Atlanta Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Atlanta 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.

H4 and H1 question

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
U.S.C.I.S. goes by the last event rule. For cap H-1B’s, the effective date would be October 1 or whatever date afterwards the H-1B change of status for your wife is granted. If your wife is not asking for a change of status to H-1B, the effective date would be when she returns from overseas with the H-1B visa. If your H-1B/H-4 petition is approved under your wife’s first situation requesting the change of status, the result would likely depend upon the date of your approval. If before the H-1B comes into effect, her employer could simply request a withdrawal of the H-1B. If after, your attempt to extend her status would probably be ineffective since it would be inappropriate to extend where she needs a change of status. In your wife’s 2nd situation of not asking for a change of status, your H-4 extension would be appropriate at any time before she enters from overseas with the H-1B visa.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.
U.S.C.I.S. goes by the last event rule. For cap H-1B’s, the effective date would be October 1 or whatever date afterwards the H-1B change of status for your wife is granted. If your wife is not asking for a change of status to H-1B, the effective date would be when she returns from overseas with the H-1B visa. If your H-1B/H-4 petition is approved under your wife’s first situation requesting the change of status, the result would likely depend upon the date of your approval. If before the H-1B comes into effect, her employer could simply request a withdrawal of the H-1B. If after, your attempt to extend her status would probably be ineffective since it would be inappropriate to extend where she needs a change of status. In your wife’s 2nd situation of not asking for a change of status, your H-4 extension would be appropriate at any time before she enters from overseas with the H-1B visa.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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Family Based Immigration

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
Your stepfather can petition for both your mother and you at the same time. It is not clear from your statement of facts whether you mother was illegal in the United States for one year and is barred for 10 from returning. If that is the case, she would have to satisfy or waive the 10 years prior to being able to obtain an immigrant visa and coming to the States. If she is not barred, she could come as soon as the petition and consular processing are finished, a period between one – two years given present backlogs of U.S.C.I.S. In your case, you would fall under the F-1 category which currently has a visa availability date of December 8, 2006, for most of the world including Malaysia. The process cannot be speeded up for you under the family-based categories. If you have a four-year college degree, you may be able to come over on an H-1B specialized occupation visa if there is an organization which is interested in sponsoring you for the nonimmigrant visa.  There may also be other ways for you to come depending upon your desires and qualifications.  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.  
Your stepfather can petition for both your mother and you at the same time. It is not clear from your statement of facts whether you mother was illegal in the United States for one year and is barred for 10 from returning. If that is the case, she would have to satisfy or waive the 10 years prior to being able to obtain an immigrant visa and coming to the States. If she is not barred, she could come as soon as the petition and consular processing are finished, a period between one – two years given present backlogs of U.S.C.I.S. In your case, you would fall under the F-1 category which currently has a visa availability date of December 8, 2006, for most of the world including Malaysia. The process cannot be speeded up for you under the family-based categories. If you have a four-year college degree, you may be able to come over on an H-1B specialized occupation visa if there is an organization which is interested in sponsoring you for the nonimmigrant visa.  There may also be other ways for you to come depending upon your desires and qualifications.  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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Does being was convicted of bigamy and adjudicated guilty in 1996 mean that my second marriage is automatically annulled?

Answered by attorney David Nabow Soloway
Immigration lawyer at Kennedy, Nalepa & Soloway, P.C.
Generally, if one person in a couple purporting to become married is not legally eligible to be married, such as by having a previously existing and non-terminated marriage to another person, then the subsequent purported marriage would be null and void. Significantly more information would be needed, however, to analyze the situation described in the message you posted. It would be wise for you to consult with a domestic relations attorney about the issue, and, if the question is being asked in the context of an immigration legal matter, it would be wise for you to consult with an immigration attorney too.
Generally, if one person in a couple purporting to become married is not legally eligible to be married, such as by having a previously existing and non-terminated marriage to another person, then the subsequent purported marriage would be null and void. Significantly more information would be needed, however, to analyze the situation described in the message you posted. It would be wise for you to consult with a domestic relations attorney about the issue, and, if the question is being asked in the context of an immigration legal matter, it would be wise for you to consult with an immigration attorney too.
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