Hialeah, FL Immigration Law Firms & Lawyers

I will assume for purposes of the question that you and your son are both in the US at this time and that you are sponsoring him for permanent residence. Under that circumstance, your son would have to be in legal immigration status until the time that you file for his I-485 adjustment of status application since you are a permanent resident and not a US citizen. If he is in the country as a visitor, it is a violation of visitor status to attend schooling. The filing of an I-130 petition alone does not insulate you from a potential violation. Once you file for his I-485, the law in essence freezes his status from then on even if he begins to attend schooling. 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.

Any form of comprehensive immigration reform (CIR) would probably have more to do with undocumented immigrants than individuals on legal visas like your L-2. As you are going to college, I assume that you are not the spouse of the principal L-1 worker. Only L-2 spouses are allowed to apply for work authorization. You would probably have to obtain a different visa status to work legally in the States. You could perhaps switch over to F-1 student status and at some point obtain curriculum practical training (CPT) from your designated school official (DSO). Also as an F-1 student, you are allowed to work on campus in a part-time capacity without the need for authorization as long as the employing organization provides services to students. On campus employment is limited to 20 hours per week while classes are in session; full-time work is permitted during holidays or school vacation periods. 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.

While the arrest will not sink your application, CIS has become increasingly difficult with the requirement of establishing good moral character (GMC) as it relates to your application for naturalization. The government has made increasing use of the discretionary GMC denials for anyone who has "committed an act that reflects poorly on one's moral character." So what I would suggest is that you consult with a knowledgeable attorney who can provide you the kind of advice you will need to move forward. The right attorney will guide you and let you know the difficulties that come with the submission of the application. The wrong attorney will tell you that it is no big deal and it to be too concerned about it. Choose wisely and if you have any doubt, ask questions. The application fee alone is $680 and that is too much to spend on an application fee if you do not understand the concerns raised with regards to your arrest. Good luck, this is a winnable case if handled correctly.