Malabar, FL Immigration Law Firms & Lawyers

An H-1B visa evaluation of education from an evaluation agency for a foreign degree may not necessarily be mandatory, but it is recommended, and may save the petitioner from receiving a request for further information on the equivalency of the degree. A USCIS officer may not necessarily question a foreign PhD or Masters degree, but would commonly challenge a baccalaureate degree from a foreign country which does not have an evaluation attached to it. Simple evaluations of education only range in the approximate figure of $100 and most evaluation agencies are able to send back the evaluation result within a week. 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.

If you are a U. S. citizen, and are thinking to apply for your intended’s permanent residence, the fact of the overstay will not prevent her from obtaining her permanent residence. As the spouse of a U. S. citizen, she would fall within the class of immediate relatives who are allowed to adjust status even if overstayed. 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.

I would recommend you consult with a lawyer before you venture into filing a petition for your husband. You want to make sure that he does qualify before you file any paperwork with immigration. If you file a petition for him and he does not qualify, he will be put in deportation proceedings and it may be very difficult to keep him here after that. First you must make sure he entered with inspection, if he did not, he will not be able to have residency unless he leaves the country. It is usually very difficult to be allowed to return. If your husband does qualify, then you must make sure that you send all the appropriate applications and more importantly, all the supporting documents. You could do the process without an attorney, but it is not recommended. I have come across cases where I have decided to not send to immigration certain photos or other evidence because even though it is legitimate, it does look good or may be questioned. An experienced attorney in this area of law will be very helpful to you and your husband.