Pace, FL Immigration Law Firms & Lawyers

Hello. Since your husband entered without inspection he would have to leave the country to obtain his visa at the US Consulate. If you are a US citizen and will suffer extreme hardship if your husband is seperated from you he may qualify for a waiver where, if approved, he would only be out of the country for a few days. If not then he can apply for a travel permit through his DACA and if approved he may be able to receive his permanent resident status in the US. Please call my office for a free consultation and I'll be glad to further evalute your husbands case and offer the best course of action. Samuel J. Zermeno, Esq.

The potential difficulty here is that the couple was married prior to her coming to the US and U.S.C.I.S. may think that she came to the US with the intention of never going back. On the other hand, good things in your friend's favor for arguing that she did not try to circumvent regular US immigration procedures of waiting overseas could be that she was not petitioned for permanent residence prior to coming to the country (if that is true) , an intervening event occurred that made her reluctant to go back home (the pregnancy), and if she had the 10 year visa previously and not just for this trip. (Kindly note that I assume that you mean that she has a B visa instead of a D visa. The latter type of visa is for crewman such as a flight attendant and such individuals are not eligible to adjust status in the U. S.) 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.

An OPT STEM extension requires that you be working with an employer who uses the E-Verify system. If you are working as a voluntary unpaid intern with a professor, you would not qualify for an STEM extension as the professor is likely not an E-Verify employer and all STEM work must be paid.  Thus voluntary work for more than 90 days would probably violate the law which only allows 120 days (including the STEM period) In which you can be without employment. Your options appear to be attempting to go back to school, attempting to change status to some other category, or leaving the country now and returning at some other time either with a visa or without (if under the visa waiver program).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.