Sweetwater, TX Immigration Law Firms & Lawyers

You should attempt to comply with the U.S.C.I.S. request and show whatever efforts you have made to secure your husband's birth certificate. Along with the evidence of your attempts, you can also give U.S.C.I.S. secondary evidence such as old schooling records which have the name of his parent or parents and date of birth, affidavits in lieu of birth certificate, etc. If you can show by documentary proof that the situation in Iran precludes your husband’s being able to obtain a birth certificate, that would also be helpful. 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.  

A brother in law cannot be sponsored for a family-based visa. For an employment-based visa, A brother-in-law will be required to have significant work credentials, but the job cannot usually be tailored to fit his skills. Congress chose to restrict visas to historically low levels a little more than two decades ago. The results of severe visa restriction have impacted the economy in that unlawful immigration took hold. Rules geared to disqualify those who violate civil immigration laws have hurt conceptions of liberty. It has effectively created an underclass fearful of deportation and willing to skip a paycheck or three to remain. If you are disappointed with Congress, then become informed. Repeatedly complain to as many in Congress and the Senate for a legalization or registry to grant permanent resident status to non-criminal undocumented foreigners. Otherwise, we will have to be content with the situation and injustice. Many have waited over two decades due to low family immigration quotas. This means that their U. S. siblings filed the form I-130 for them in 1990. If the sibling dies before the visa quota can release a. visa, the money paid for the petition is lost and the application terminates. The Alienage clause used to rid America of British spies and sympathizers is now used to minimize immigration. However, Congress is given the exclusive right to control immigration. The Courts are too often limited to interpreting what Congress passed, even if it is oppressive in practice. Good luck.

If you are now married, you can file the I-130 and with the receipt notice you can file for the K-3 visa. She does not need to wait for the I-130 to be approved, only filed.