Brawley, CA Immigration Law Firms & Lawyers

The I-90 application to replace a green card does not ask whether anyone has been arrested or convicted. Of course, an applicant must go through biometrics at which time the fingerprints are run. We have heard that in some situations in which there is a request for further evidence concerning the offense, individuals have chosen not to respond and the I-90 application was just deemed abandoned without further consequences. I cannot say with certainty, however, that this would happen in your husband's case. A firearms conviction is a deportable offense. You may wish to have the state statute under which he was convicted and the record of conviction looked at by an attorney to determine whether the conviction fits within the federal definition of a firearms offense for immigration purposes.  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 new employer would have to have an approved H1B for you before you can switch jobs, but since you are in OPT status, if you can find such an employer, you could start immediately or as so. As the approved petition is available for use.

H-4 is allowed to be trying to immigrate so there is no conflict there. I would be concerned if a 2008 petition had not yet been approved though. If denied she will not have any place in line and the last two years lost. If we can assist in any of these matters please let me know. My contact information follows.