Simi Valley, CA Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. DACA, if granted, will only prevent the government from deporting you for 2 years, after which if the program is still available, you would have to apply again. There is no way of obtaining legal residency or citizenship through DACA. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.

If you wish to move to a new employer with a different role, that entity must sponsor you for H-1B transfer and extension. U.S.C.I.S. will make a new adjudication dependent upon whether it believes that the position in your company is a specialty occupation and that you have a relevant degree. If you have only one U. S. pay stub, you could try to obtain more before the new H-1B is filed. Because your employer is now filing a petition amendment further complicating your transfer, you may wish to stay on board his company until the time that your new H-1B transfer petition is approved. At that point, your employer can withdraw the petition amendment. Patience on the part of you and the new employer would probably be the wisest course. 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.

*Petition to Remove the Conditional Residency and the Divorce Waiver* While the Green Card has already been received, it is necessary to file what is known as the Petition to Remove the Conditional Residency. If this is not properly filed within 90 days before the expiration of the Conditional Green Card, the status will be automatically terminated. My office can file everything necessary to show that the marriage was bona-fide and that the USCIS should remove the condition in order to issue the permanent lawful permanent residency card. Please note that in some cases, even though the spouse does not want to help file the petition to remove the conditional residency, or there has been a divorce, it is still possible to get the Petition to Remove the Conditional Residency filed. Sometimes, the marriage simply does not work out. In cases like this whereby the marriage has come to an end, or will be coming to an end, a Divorce Waiver can be filed in conjunction with the Petition to Remove the Conditional Residency. When we prepare the Divorce Waiver, we will show in detail how the marriage was bona-fide and the reasons for the divorce. If the divorce has not yet occurred or is not yet final, then we must file an Extreme Hardship Waiver if the spouse will not help with the filing of the Petition to Remove the Conditional Residency.