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477 legal questions have been posted about immigration by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include asylum, green cards, and consular law. All topics and other states can be accessed in the dropdowns below.
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Recent Legal Answers

Will unemployment benefits affect my husband’s petition?

Answered 2 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Unemployment benefits can count towards meeting the minimum level required. If your husband has legal permission to work, his income can also count towards the minimum needed for green card sponsorship. 
Unemployment benefits can count towards meeting the minimum level required. If your husband has legal permission to work, his income can also count... Read More

Can my 16 year old son with F2 visa enter US 1 week before me, his F1 visa parent?

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
If this is the first time that the F1/F2 visas will be used, your son cannot enter the US before you as you are the principal F1. If you had already entered the US using the F1 previously, and were just outside the US on a trip, he could enter before you – but the rules for first-time use dictate that you must enter first or you can both enter together, but he cannot go first. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
If this is the first time that the F1/F2 visas will be used, your son cannot enter the US before you as you are the principal F1. If you had already... Read More

What should I do since I still have my yellow packet and I have no arrival stamp in my passport?

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
As you were supposed to give the packet to the officer at the port of inspection, you should arrange with Customs and Border Protection at any airport with international flights to give in the packet. If they have not already created a record of your arrival, they can do so at that time. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
As you were supposed to give the packet to the officer at the port of inspection, you should arrange with Customs and Border Protection at any... Read More

Can I enter the USA on L 1 B visa while married to a USC? I intend to apply for a green card after being in the US for a bit?

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Dual intent means just that – even if there is an intent to immigrate to the US, the applicant can still obtain a nonimmigrant visa to enter the US. I do not see any different result just because you will not be getting the visa until after you are married. Dual intent is afforded those on H-1B and L visas. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
Dual intent means just that – even if there is an intent to immigrate to the US, the applicant can still obtain a nonimmigrant visa to enter... Read More

How should I answer to "have I even arrested or convicted for an offence or a crime" on ds 160 if I have a civil penalty for fare evasion in nyc sub.

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Form DS-160 asks the question, “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?” While fare evasion and a fine is not a large infraction, it appears to fit within the definition of an “offense” and should be put down on the application. You can at the same time explain what happened at the time that you went through the turnstile. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
Form DS-160 asks the question, “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or... Read More

Immigration to USA

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I will assume that you were not in the US at the time of your father’s death and have not been residing here in the US. If not, you and your family would have to go through a long and uncertain process of humanitarian reinstatement under which USCIS will decide whether there are sufficient favorable factors of a humanitarian nature to allow the case to continue. Factors that USCIS will take into account are such as: Impact on family living in the United States (especially U.S. citizens, lawful permanent residents, or others lawfully present); Advanced age or health concerns of the beneficiary or any following-to-join family members of the beneficiary; Lawful residence in the United States for a lengthy period; Ties (or lack thereof) to your home country; Other factors, such as unusually lengthy government processing delays; Any and all other factors you believe weigh in favor of reinstatement, with supporting documentation. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
I will assume that you were not in the US at the time of your father’s death and have not been residing here in the US. If not, you and your... Read More

Can I apply for my mom for Green Card ?

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
As long as you are at least 21 years of age and your mother entered the US with a visa or was paroled, you are able to apply for her and she is eligible for adjustment of status. If your mother did not come in with a visa or was paroled, she would only be eligible for adjustment of status if she is an applicant under §245(i) under which she would either have applied for immigrant visa petition or labor certification application by April 30, 2001, and have been present in the US on December 21, 2020. If your mother is not adjustable, you and she can explore the possibility of her eligibility under an I-601A waiver. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
As long as you are at least 21 years of age and your mother entered the US with a visa or was paroled, you are able to apply for her and she is... Read More

Will I be able to get an ESTA even though I was out of status F1 visa?

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
An ESTA application asks, “Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?” There is a good chance that you will not be approved for ESTA admission. If not, your alternative is to apply for a visiting visa at the American consulate or embassy, explain the situation with documents, and also why you still have nonimmigrant intent for visiting since you are married to a US citizen. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
An ESTA application asks, “Have you ever stayed in the United States longer than the admission period granted to you by the U.S.... Read More

Does a traffic courtesy reminder count as a citation by law enforcement officer when you apply for N-400 form?

Answered 12 days ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
In our opinion, a traffic courtesy reminder does not count as a citation by law enforcement when applying for naturalization. A citation has a penalty to it, while a courtesy reminder does not. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
In our opinion, a traffic courtesy reminder does not count as a citation by law enforcement when applying for naturalization. A citation has a... Read More

As a sex offender with dual citizenship, can I return to my home country permanently after probation?

Answered 18 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Sex offenders cannot lose their US Citizenship but as far as Columbian citizenship is concerned, you should ask a Columbian immigration lawyer. 
Sex offenders cannot lose their US Citizenship but as far as Columbian citizenship is concerned, you should ask a Columbian immigration lawyer. 

Can I petition for my mother for citizenship after I become a citizen myself

Answered 23 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
If mom has permanent residency, she can apply for US Citizenship after 5 years after acqher green card. But if she obtained her green card through marriage to a US Citizen, then she can apply after 3 years. 
If mom has permanent residency, she can apply for US Citizenship after 5 years after acqher green card. But if she obtained her green card through... Read More

Can I apply for a visiting visa for my 16 years daughter who is just schooling? What would be the process?

Answered 24 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Visitors visas are issued only if the U.S. Consulate officer is convinced there is a strong liklihood that she will return to her home country when the visit is completed. If she doesn't have a job or her parents don't put up a deed of trust on their home, then it will be difficult. Additionally, a visitor visa doesn't allow the beneficiary of that visa to study or to work, only to visit. ... Read More
Visitors visas are issued only if the U.S. Consulate officer is convinced there is a strong liklihood that she will return to her home country when... Read More

K1-VISA

Answered 24 days ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
(1) Can my fiance file for a K1-Visa for me and my 16 years Child? If yes, briefly explain the process and fees to be charged. Yes provided you and the US Citizen have met within the last two years. From start to finish the process can take about 15 months. Fees vary from attorney to attorney. But some of charge at the lower end.  (2) Can I get married on a K1 Visa, apply for a change of status and get emergency travel authorization to return overseas within a short or reasonable timeframe? How long would this process take? Yes. You must get married within 90 days of US entry, after which you can adjust status. The process takes about 12 months. Emergency travel can be processed faster than the adjustment case, and even faster if you have the need for emergency travel. Some of us charge at the lower end range.  Counsel fees from start to finish (total) for both cases would be about 5k with no hidden costs. ... Read More
(1) Can my fiance file for a K1-Visa for me and my 16 years Child? If yes, briefly explain the process and fees to be charged. Yes provided you and... Read More

Can I marry a foreigner who entered with a tourist visa?

Answered a month ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Yes, if you are a US Citizen. A US Citizen can sponsor a foreign national who entered the US on a tourist visa and file the green card even if the foreign national has overstayed his visa. Work with a lawyer. Some of us charge an affordable flat fee to handle the case from start to finish. The processing speed take about 20 months and involves filling out many forms and collecting many documents. Call for a free consultation. ... Read More
Yes, if you are a US Citizen. A US Citizen can sponsor a foreign national who entered the US on a tourist visa and file the green card even if the... Read More

Am I allowed to get married before I fix my parents' papers ? and would i be able to help my spouse get documents soon after?

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
There is a good chance that the cases will not meet – at the age of 18, you can marry and sponsor your undocumented boyfriend, but you cannot begin the sponsorship process for your mother until you are aged 21. By that time, there is a good possibility that your boyfriend’s case will be resolved. In the event that it is not, you would have to have enough in terms of income and assets to provide affidavits of support for your boyfriend and your mother unless either one has sufficient assets to ease the burden of support, or you have a joint sponsor who is a US citizen or permanent resident to take up the support obligation. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
There is a good chance that the cases will not meet – at the age of 18, you can marry and sponsor your undocumented boyfriend, but you cannot... Read More

My mother in law has not seen my son since he was a baby , what visa do we file so she can come and visit for awhile ?

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Your mother-in-law would typically apply for a B-2 visitor visa at the American consulate or embassy with jurisdiction over her place of residence. In doing so, she would have to show ties and bonds with Mexico to demonstrate that she would return to Mexico after the time of visit. If she is lacking funds, you and your spouse can guarantee her support during the time that she is here with an affidavit of support along with materials such as your job letters, banking statements, and most recent tax return. Please note that the issuance of a visitor visa is within the discretion of the US consular officer. Good luck!  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
Your mother-in-law would typically apply for a B-2 visitor visa at the American consulate or embassy with jurisdiction over her place of residence.... Read More

Can I start an LLC while in the EB3 process

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
While you can start an LLC while on an F-1 student status, you are not authorized to work in it unless you have some type of work authorization. Unauthorized employment would jeopardize your ability to maintain lawful nonimmigrant status or adjust status in the US to permanent residence through form I-485. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
While you can start an LLC while on an F-1 student status, you are not authorized to work in it unless you have some type of work authorization.... Read More

What's the best way to apply for H4 & EAD if my L1B ends in Feb 2025 and my husband has an H1B?

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
The conditions for H-4 employment are that the H-1B holder either has a labor certification pending for at least 365 days or has an I-140 preference petition approved. Assuming that one of those conditions is met, you could apply for both benefits concurrently with forms I-539 Application to Extend/Change Nonimmigrant Status and I-765 Application for Employment Authorization. You can make the application as soon as the condition is met by your husband since the EAD is open market under which you can work for any employer including your present one. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
The conditions for H-4 employment are that the H-1B holder either has a labor certification pending for at least 365 days or has an I-140 preference... Read More

can i use a joint sponsor if the filed taxes mfj but his wife refuse to be a part of the process?

Answered a month ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Your cousin could submit his tax transcript along with his W-2 statement which would separate his income from his wife's income. USCIS will only accept the IRS tax transcript downloaded from the IRS website. 
Your cousin could submit his tax transcript along with his W-2 statement which would separate his income from his wife's income. USCIS will only... Read More

Can I petition my future foreign spouse (once get married in the Philippines for example) if I was convicted with a domestic violence in the past?

Answered a month ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Immigration
Yes you can still petition her. The only crimes that would disqualify you from sponsoring her would be crimes under the Adam Walsh Act which involve sexual crimes against minors. 
Yes you can still petition her. The only crimes that would disqualify you from sponsoring her would be crimes under the Adam Walsh Act which involve... Read More

I overstayed my I94 30 days but my E-2 visa is renewed 2 month ago. I reentered the country one week ago but didn’t get my I94 renewed. What should I

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
From your fact situation, I am not sure exactly where you are in the process. Were you turned back and are presently overseas? Are you here in the United States presently? If in the United States, do you have another appointment with CBP to bring in evidence? Is there a chance that you were expecting to have a paper I-94, and CBP did admit you, but that you have to obtain a copy of the I-94 electronically? I will address a situation wherein an individual is in deferred inspection with CBP. In that case, you would bring evidence that your husband is in the US (passport and electronic I-94) along with whatever evidence CBP requested you to bring to the deferred inspection. Good luck. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
From your fact situation, I am not sure exactly where you are in the process. Were you turned back and are presently overseas? Are you here in the... Read More

O1 to H1B with I-140 approved (EB1B)

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
If you change status to H-1B, your wife should be able to obtain a work permit since you already have an approved I-140 petition. If your H-1B work is along the same lines with the same I-140 petitioner, there should be no impact on your permanent residence. If the H-1B work is with another organization, USCIS may be curious to know whether you actually intend to work for the sponsoring employer upon obtaining your permanent residence. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
If you change status to H-1B, your wife should be able to obtain a work permit since you already have an approved I-140 petition. If your H-1B work... Read More

What would be the best thing for my boyfriend for him to get his visa for him and his little girl

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Although marriages to US citizens or permanent residents which are engaged in during the time that an individual is in removal proceedings have a presumption of fraud against them, it is generally better for the couple to marry if the marriage is bona fide. In this way, the undocumented immigrant may have another option open to him in the immigration court. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
Although marriages to US citizens or permanent residents which are engaged in during the time that an individual is in removal proceedings have a... Read More

I want to change my legal name

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
Generally speaking, individuals cannot change their names legally in the US without going through a state court proceeding or as part of the naturalization process. That being said, USCIS has also said that it will allow an applicant to use and put the spouse’s last name as the applicant’s last name in a marriage based case. I do not know whether it will work, but if you are in a marriage-based immigration case, you may try by keeping your first name as your first name and your husband’s last name as your last name. Under other names used, you should put down the name as stated on your US nonimmigrant visa papers. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.... Read More
Generally speaking, individuals cannot change their names legally in the US without going through a state court proceeding or as part of the... Read More

I got caught on target for shoplifting and I have flight at Friday international I can travel is it safe ?

Answered a month ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I do not see that there would be a problem with you flying overseas to another country if you are the subject of a shoplifting charge. The difficulty may be with the return to the US, especially if you have to obtain another visa at an American consulate or embassy. In such case, the nonimmigrant visa application form asks you to answer whether you have ever been arrested. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.  ... Read More
I do not see that there would be a problem with you flying overseas to another country if you are the subject of a shoplifting charge. The difficulty... Read More
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