Ann Massey Badmus’s Answers

Ann Massey Badmus

Dallas Immigration Attorney.

Contributor Level 8
  1. Can a U.S. citizen marry and legalize an illegal alien without the immigrant going back to his country

    Answered almost 6 years ago.

    1. Ann Massey Badmus
    2. Hendrik Tjaart J Pretorius
    2 lawyer answers

    It is possible for an illegal alien to obtain legal status through marriage to a U.S. citizen without leaving the U.S. but it depends upon the immigration history of the illegal alien. An immigration attorney would need to review information about how the alien entered the U.S. and whether and when any immigration paperwork has been filed for him or her previously. to properly advise the alien and spouse as to his or her options. Consult with an immigration attorney before taking any action.

    1 lawyer agreed with this answer

    16 people marked this answer as helpful

  2. Is it possible to obtain a green card if the woman can prove she was abused ?

    Answered almost 6 years ago.

    1. Ann Massey Badmus
    2. Philip Alan Eichorn
    2 lawyer answers

    In certain circumstances, immigration law does offer an avenue to permanent residence (green card) to foreign nationals married to abusive U.S. citizens or permanent residents. Because these are very difficult cases, your friend should consult with an immigration attorney familiar with VAWA (violence against women act) applications immediately.

    1 person marked this answer as helpful

  3. Upgrade of I-130 for spouse

    Answered almost 6 years ago.

    1. Ann Massey Badmus
    1 lawyer answer

    Assuming that your wife was admitted into the U.S. legally, she can now file the I-485 application to adjust status to permanent resident. Along with the I-485, you would submit the I-130 receipt notice or approval notice and a copy of your naturalization certificate. At the same time, you can file an application for the employment authorization document (work permit). You should consult an immigration attorney before you file any immigration application so you can understand the full legal...

    1 person marked this answer as helpful

  4. L2 to H1B Conversion Immigration question

    Answered almost 6 years ago.

    1. Hendrik Tjaart J Pretorius
    2. Ann Massey Badmus
    2 lawyer answers

    May I ask why you want an H-1B visa for your spouse? If it is simply to work, with L-2 status, he can apply for the employment authorization document (EAD). He does not need the H-1B visa. The EAD will give him the broadest options for employment and he will not have to compete for limited H-1B visas available. It takes about 3 months to obtain an EAD. However, if your husband has not had H-1B status previously, the earliest an employer would be able to file an H-1B petition is April 1,...

    1 person marked this answer as helpful

  5. H-1 status after 6th yr expiry while PERM is in process.

    Answered almost 6 years ago.

    1. Ann Massey Badmus
    2. Stuart Jonas Reich
    2 lawyer answers

    If your labor certification is not approved and your H-1B expires, there may be other visa options available to you. However, each visa has specific requirements so it is important that you consult with an immigration attorney to determine whether you qualify for other visas or whether those visa options fit within your immigration plan. If you leave the country at the completion of your H-1B, you may not have to wait for one year to return in H-1B status. If your LC has been pending for...

    1 person marked this answer as helpful

  6. I-130 question - sibling and work

    Answered almost 5 years ago.

    1. Brian Daniel Geno
    2. Ann Massey Badmus
    3. Jean Tien
    4. David Nabow Soloway
    4 lawyer answers

    A tourist visa (visa waiver) generally cannot be extended and does not authorize work in the U.S. However, there may be other options for your sister to work in the U.S. depending upon her educational background. When your sister arrives, you and your sister should consult with an immigration attorney to determine her best options.

  7. Occupation limitations (From OPT to H-1B)

    Answered almost 6 years ago.

    1. Ann Massey Badmus
    1 lawyer answer

    Based upon the information you have provided, if the computer/IT related job requires a bachelor's degree in computer science or related degree, you can still apply for the H-1B even though you have a master's degree in finance. Keep in mind, however, that your OPT requires that your job relates to your most recent field of study. You should consult with an immigration attorney before accepting employment related to your OPT and/or H-1B.

  8. Can an unused H1 visa converted to new employer.

    Answered almost 6 years ago.

    1. Ann Massey Badmus
    1 lawyer answer

    Technically, there is no "conversion" of an H-1B from one employer to another. However, your potential employer can file a new H-1B petition for you. With premium processing (fast track), the new petition can be approved with 15 days of filing the petition. I am assuming you are in India now. If so, once the petition is approved, you can apply for a new visa at the embassy (this is the safest course to ensure admission into the U.S.). Of course, your new employer should engage an attorney...