Upper Montclair, NJ Immigration Law Firms & Lawyers

You CSAN apply for the Green Card while your H-1B extension petition is pending. You may want to consider the self-sponsorship provisions of the National Interest Waiver (EB-2). If you qualify for E1-1 them it is likely that NIW will be an option and since it is a lower legal standard then the E1-1 then your chances for approval are increased. The issue however with the NIW is that it is an EB-2 classification which means that if you are from India, China (or one of the other backlog countries) then the EB-1 may be a better (and faster) option. We highly recommend that you consider consulting with a qualified Immigration Law Professional before you "jump" into the green card process.

It depends on the grounds for his removal.  If it was because of an aggravaged felony, he's barred for life from returning and the only hope is to collaterally attack the underlying conviction(s).  If it was for mere unlawful presence, the a waiver may be available allowing him to immigrate to ehe'll US.

I assume by the way your question is phrased that you are contemplating a change of status to F-1 student by USCIS. The I-539 form to change or extend status asks whether an immigrant petition has ever been filed for you. A positive answer brings the possibility that an immigration officer may doubt your nonimmigrant intent, which is required to be established in such cases. I do note that in the past, we have had some such applications approved. Having had an immigrant petition filed on someone’s behalf is not as damaging as having applied for an immigrant visa or adjustment of status to permanent residence. Whether the petition is approved or pending does not change the answer to the question of the immigrant petition on the form. 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.