Michael A Harris's Answers

Can I change status from B1/B2 to F1 without leaving US?

As noted by the previous attorney, you must be very careful not to go on the record contacting the school too soon after you have arrived in B-1/B-2 status. US Immigration may deny a change of status application to F-1 status where there is "contact" with a school up to 45 days after your tourist entry into the U.S. This "contact" may be documented by school forms you filled out to apply to study there or to pay your tuition. Further, the US Immigration Service may deny an application to...

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How long I should stay in USA to keep my green card valid?

You may want to consider applying for a Reentry Permit. Although this will not protect you in terms of applying for citizenship one day, it can help you when you know you're going to have to be outside of the U.S. for a while and don't want to abandon your residency. While absences out of the U.S. for a year or more may be considered to constitute abandonment of residency, even time periods for less than one year may be proof that you have abandoned your residency. Note that when applying...

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My fiance is pure blooded German and is here in US under H1B visa and employed by a prestigious college here in US...

As stated by the previous attorney, you will need to marry before your husband adjusts his status or receives his immigrant visa. If you don't, you won't be able to accompany him or follow to join him with permanent residence. Instead, he will need to file a relative petition on your behalf -- and the visa waiting time for this is years for spouses of permanent residents. Further, since you are subject to the 10 Year Bar, when you seek your Immigrant Visa overseas at a consulate you will...

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Can I apply for EB-1(c) after only one year on L1 status?

You should seriously consider extending your L-1. After you've been in L-1 status for one year (depending on whether or not the U.S. company is a "new office"), you may seek permanent residence. The problem with just filing for your immigrant petition (which you can also file concurrently for you, your wife, and children's green cards, work authorization, travel authorization, etc.) is that if it is denied you will IMMEDIATELY upon the denial have no status. As such, from the date of a...

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Procedure for getting a work permit - immigration

As noted above, your options will depend based on your education, experience, and/or familial relationship. More information will be needed to evaluate whether you can change your status to a visa category that will allow you work in the U.S. There are many options, so you should consult an attorney before you take any action yourself. Michael A. Harris, Esq. Associate Attorney LAW OFFICES OF KRAVITZ & GUERRA, P.A. 800 Brickell Avenue, Suite 701, Miami, Florida 33131 Please...

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I am a U.S. citizen and am married to an illegal immigrant. What are the steps for changing his status to legal?

Since your husband entered without inspection (called EWI), then he has one current option under immigration law to become legal in the country. Unless the law changes (as it did under the LIFE Act in the year 2000), your boyfriend will need to apply for an immigrant visa at a U.S. consulate in his home country -- and will have to submit an application for a waiver to overcome his illegal entry into the U.S. Waiver applications are very complicated because they can involve psychological...

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An I-140 employer's petition has been pending for three years, what's the best option to get an answer from USCIS?

I agree with the previous answers. But I also would like to know if the employer or the attorney involved has called USCIS (1-800-375-5283) and inquired about the status of the case. Now that it has been far past the estimated processing time, I would call and ask for the call to be elevated to the next tier of support. You will have to ask for a Service Request and wait the specified amount of time. After that time has passed (usually 30 days) you can then email the service center (see...

Traveling on a green card with an expunction.

It really depends on why your record was expunged. If you were convicted of an aggravated felony (as defined under Immigration Law) there still may be an offense that could make you inadmissible upon seeking admission into the U.S. In other words, the expungement may not alter the fact of your conviction. I strongly suggest that you speak with a qualified immigration attorney before you depart from the United States. Note, most out-of-state attorneys can legally help you because we...

Applyingfor H1B visa

I haven't seen your previous questions and the response by Mr. Devore. Hence, I'm not sure if when you say your green card process has started whether you already have an I-485 Application pending, if your Immigrant Visa was available, or what your family preference category was for your Immigrant Visa. Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for...

If an ilegal british citizen in america has had a child to an american citizen, is she entitled to stay in the us?

It sounds as if your sister-in-law entered the U.S. lawfully. If so, this may allow her overstay to be excused if she marries a U.S. citizen. Having a U.S. citizen child (under 21) and not a U.S. citizen husband may not aid her if she is called before the Immigration Courts. But leaving the country while her process is pending will cause serious problems for her. Otherwise, we will need to know more about her personal history in order to determine if she otherwise qualifies for permanent...