Calipatria, CA Immigration Law Firms & Lawyers

Yes, you can still apply for an H-1B and that is a good status to have as it allows for dual intent. In other words, you will be able to start the residency process. Most likely, you will start with a labor certification. It might be a good idea to schedule a consultation with an attorney to determine if any other routes to residency exist for you.

Yes, a student can marry whoever he or she wants (well, almost whoever: blood relatives are excluded, as are persons who are already married; and consent of the person you wish to marry is usually required). In the U.S., the right to marry is not contingent on one's immigration status or enrollment into an institution of higher learning. You did not ask, but I guess you might wish to know what consequences a marriage to a U.S. citizen might have for your immigration status. The U.S. spouse can file a packet of documents with the U.S. Citizenship & Immigration Services. One of these documents, Affidavit of Support, has to show that the U.S. spouse has enough income to support the alien spouse. If neither spouse has children or other dependents, the U.S. spouse needs to show income over $19,387; with one dependent - $24,412; with 2 dependents - $29,437; etc. If the U.S. spouse does not have the required minimum income, the couple would need a co-sponsor. A co-sponsor does not have to be your relative, but does have to be a U.S. citizen or permanent resident. If everything is done right, the alien spouse can expect to receive a green card in 8-12 months. It will be a temporary green card conditioned on continued marriage to the U.S. citizen. If the marriage falls apart, the alien spouse loses status and has to leave the U.S. or become subject to deportation. If, however, the couple stays together, they will have to file a petition for a permanent green card. Again, if everything is done right, the alien spouse should receive a permanent green card 2 years after the first green card was issued. To have everything done right, you should retain an immigration attorney. Alternatively, you can try handling your case yourself, with an advice from the Internet or with help of a *notario* or another sort of a non-attorney "immigration consultant", wait until USCIS denies your application and places you in removal proceedings, and then retain an attorney. The second scenario will cost you about $10000 more and does not guarantee that you will get a green card.

More information is required to fully answer this question. If you plan to adjust status through a family or labor petition, you can apply for a waiver for your theft offenses. That waiver requires that you prove that your citizen or resident spouse,child or parent will suffer extreme hardship if you are not granted unless the offenses occured over 15 years ago. Furthermore, an officer has discretion to deny. Your recent DUI does not help and you must stay clean.