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Bradley Mark Maged's Answers
- 40 Legal Answers
- 3 Legal Guides
1
Attorney answers:
What to do about illegal immigrant alien who married u.s. citizen for his green card, marriage based green card immigration
Hi. Your question raises a couple of important issues. First, an alien should not marry a U.S. Citizen solely for a green card. The marriage must be bona fide, which means that it must have been entered into in good faith in order for the foreign-national to be eligible for a green card. A marriage entered into for the purpose of evading U.S. immigration laws can lead to severe criminal and civil penalties for both the alien and the U.S.C. Second, the term "illegal immigrant" needs to...
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1
Attorney answers:
H1B to F1 visa status change
According to the situation you described, you would be exempt from the numerical limitation (i.e.: not subject to the lottery) because at the time you will reapply, you will have been in the U.S. in H-1B status in the past six years and would not have left the U.S. for more than one year after having attained such status. You will want to carefully select the correct category on the I-129 Data Collection and Filing Fee Exemption Supplement Form, Part C, 5 when applying for your new H-1B....
19 people marked this answer as helpful
2
Attorney answers:
Does an illegal alien automatically become a citizen upon marriage to a U.S. citizen
No. If a U.S. Citizen marries someone who is undocumented, the best the alien can hope for is Permament Resident Status (a green card) and citizenship three years after the date of adjustment. If the person is "illegal" because (s)he entered with inspection and overstayed and/or worked without authorization, (s)he may be entitled to adjust his or her status and have his or her unauthorized employment and unauthorized presence forgiven. If however, someone is "illegal" because he or she...
18 people marked this answer as helpful
4
Attorney answers:
H1-b visa holder got married 6 months ago, procedure for filing for green card through wife who is a U.S. citizen
The forms to file concurrently are: I-130 - Petition for Alien Relative, I-485 - Application to Register Permanent Residence or Adjust Status, I-131 - Application for Travel Document and I-765 - Application for Employment Authorization. Supporting forms will also need to be filed (Affidavit of Support, Biographic Information Forms). The USCIS filing fee is $1010 for all of these forms and includes the required fingerprints/biometrics. There are photographs, supporting documentation and...
8 people marked this answer as helpful
1
Attorney answers:
What is the processing time for I-539 petition, changing status from h1b to a f1 visa immigration
Hi. the California Service Center, where your I-539 would be pending if you live in Illinois, is currently processing I-539 Applications filed on April 16, 2008. Click on the USCIS link below to view processing times. To change your status from H-1B to F-1 an I-539 - Application to Extend/Change Nonimmigrant Status would have to be filed. Check with your school's International Student Advisor as your school may be able to assist you with the filing.
7 people marked this answer as helpful
4
Attorney answers:
Advice on Change of status from L1B to H4. L1B expires in Dec 2011 and I94 valid till Dec 2012.
Your husband will need to apply to change his status from L1B to H4 either before his L1B status expires (as indicated on the I-94 record) or he resigns from his position, whichever occurs first. If your husband applies for a COS before December 2012 (the expiration of his I-94), he can remain in the US while his application to change status is pending as long as he was working for the sponsoring employer at the time he applied for COS. While in the US, his I-94 controls how long he is...
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2
Attorney answers:
B1/B2 Visa holder married to a GC holder..Help Needed...
Hi. You need to be aware of the issue of immigrant vs. non-immigrant intent. When you entered the US last time, was it your intention to remain here permanently? It does not seem that you had immigrant intent when you entered as your pattern has been to frequently travel back and forth. However, the fact that you were married to a US Permanent Resident could lead the USCIS to question your intent at the time of entry. If you stay in the US until your wife becomes a US Citizen and you are...
5 people marked this answer as helpful
1
Attorney answers:
F1/OPT but H1b Pending, change status back to F1
Hi, Assuming that your H-1B start date was October 1, 2009, you should file an I-539 Application to request that your status be changed from H-1B to F-1 effective October 1, 2009. In the cover letter with your I-539 Application, you should explain the details of your situation. In addition, your H-1B employer should write a letter to the USCIS Service Center where your case was filed stating that it wishes to withdraw the H-1B petition and should withdraw the Labor Condition...
1 person marked this answer as helpful
3
Attorney answers:
Getting a visa to the US for a French business owner
If you have worked for your French company in an executive or managerial capacity for at least a year and you would like to open a related company in the US and you are otherwise eligible, an L-1 Intra-Company Transferee Visa could be an option. You should definitely use an immigration lawyer to help you file your petition. Bonne chance!
1 person marked this answer as helpful
1
Attorney answers:
H1B visa 6 years have expired. How soon can I apply for the next H1B visa?
You should apply as soon as permitted for FY 2011, which would be April 1, 2010. If you leave the country on August 1, 2009 and request a start date of October 1, 2010 for your new petition, you will have been out of the US for more than 365 days at the time the validity period for your new H-1B commences, and will therefore be entitled to up to six additional years in H-1B status, in three year increments. If your employer sponsors you for permanent residence, in certain circumstances you...
4 people marked this answer as helpful