Odessa, TX Immigration Law Firms & Lawyers

  The H1B petition is in two parts if an individual is asking for change of status – one part that adjudicates whether the position a specialized and that you qualify, and the second whether you are deserving of a change of status. A crime would have no effect upon the first part of the adjudication, but could affect change of status or visa application at a consulate or embassy. That being said, a simple DWI should not prevent a change of status in my opinion whether with a conviction or if still pending at the time of adjudication. I note that U.S.C.I.S. just came out with guidance on DWI's as a basis for a finding of lack of good moral character for naturalization purposes if there are two in the statutory period of residence required for becoming a citizen. 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.

Right, this is always very complicated, and the answer depends on who needs to be where, and when. I recommend you meet with a board certified immigration lawyer like myself, as it normally takes about 30 minutes to get all the facts and discuss the various options.

Hello: As long as you are legally able to marry, the petition can proceed forward. *Adjustment of Status* An Adjustment of Status Application must be filed. This application will hopefully have the end result of obtaining lawful permanent residency. Once it is filed, the work-permit will be issued in a few months. Afterwards, in about 6 months to 1 year, the final interview will be conducted. Should you want to retain my firm to send an attorney with you to the interview, we will be happy to do so. Of course it would need to be determined if he qualifiers for adjustment.