Christmas, FL Immigration Law Firms & Lawyers

The difficulty with filing a new I-539 or motion on I-290B is that you are already not legal in the US, and you face an unlawful presence bar of three years if you do either, and the adjudication takes over 180 days from the date of your initial decision, and you lose. If you do either one and the adjudication is not yet received by the fifth month after the expiration of your initial permitted stay, you will be faced with the choice of leaving the US to avoid the three year bar or staying and gambling that your application or motion will be approved. It is difficult to say which route would give you the best chance of being approved, but at least the I-290B motion would not be late. It should be further noted that DHS does not approve of persons coming into the US on tourist visas and giving birth in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.

Marriage to a US citizen may help you, but if you need an unlawful presence waiver, it would depend on your personal circumstances whether you would be able to return in the 10-year period after you last left the US.

While there would not be a violation of status for an F-1 student on OPT to start a small business, it would be a violation of status for that individual to work in the business. Not receiving a paycheck would not lessen the violation since the goal of running the business would be for you to make a profit.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.