Allan Scott Lolly's Answers

Under K1 Visa

It can be possible to obtain work authorization for your fiancee based on entry on a K1 visa. This must be requested and can often be obtained upon entry if handled properly. Work authorization for the foreign spouse can also be obtained in appx. just over 2 months currently as part of green card processing if a special request for it is made. It helps to learn scope of services when inquiring about fees, so you are on the right track. Kind regards, Allan Lolly

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When applying for green card, can assets make up for sponsorship?

Owning property is not enough. If you are purchasing a residence, then the U.S. citizen should hold enough equity in the home to equal more than 3 times the minimum income required for green card processing based on marriage. Typically, equity is determined based on the tax assessor's valuation minus the value of the mortgage. An immigration officer has discretion regarding what can qualify, so it really helps to discuss valuation with a qualified attorney before proceeding. These comments...

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Leaving the country. How to return legally.

Since you entered the U.S. illegally and are now over the age of 19 years, in all likelihood there is nothing that can be done currently to make you legal while you remain in the U.S. At some point you must depart the U.S. An exception would be if a family member filed immigration papers for you prior to April 2001. There are a few other exceptions, but they are rare. When you depart the U.S. you will be barred from returning here for 10 years. If you depart you should plan on visiting...

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My son married a Hispanic girl and she has only had her green card for 6 months. They had a child together.

Unless there is a court order granting custody to one or the other, in all likelihood both parents have joint physical and legal custody rights. These would be state rights that will be governed by the state in which the parents live. If the mother is still in the U.S., you should seek assistance from a qualified family law attorney to try and get some temporary order in place. This can help prevent her from taking the children out of the U.S., for example. The state court will decide all...

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Can an illegal immigrant be get married to a US citizen if he is already considered married in mexico

A lawful marriage in Mexico is generally valid worldwide. If your fiance is lawfully married in Mexico then he is married and needs to obtain either a divorce or an annulment of the marriage before you can lawfully marry him in the U.S. A divorce may be obtained in the State in the U.S. where he resides, or perhaps at the nearest Mexican consulate here in the U.S. Once he is eligible to marry you, then he still needs to sort out his immigration paperwork. In some cases it makes sense to...

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My friend was a victim of a sexual hassult and she's trying to apply for a visa u

I agree with attorney Javier. A crime happened and so she only has the problem of proving this fact. If records were destroyed, then she needs to go to each agency who was involved at the time and report the incident. Take whatever evidence and information she may have with her and inquire. Once she has exhausted her contacts, then speak with a qualified immigration attorney to help determine whether the evidence is enough to proceed, or what more can be done to help strengthen your case....

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My Husband is fighting for his papers

The drug possession charge is a serious concern. More detail is needed. If he admits or is convicted of certain criminal drug crimes, he can potentially be permanently barred from the U.S. without the possibility of a waiver or other viable relief. If you simply do not have money, then you and your husband need to seek out the best legal advice you can find. Qualified attorneys are glad to assist, but need to be paid. It may help for you to at least seek out a case assessment so that you...

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F1 Visa holder under OPT program & marrying / filing for perm status with USCIS. How long does work authorization take?

It is currently taking just over 2 months to obtain work authorization as part of your adjustment of status application for permanent resident based on marriage. Yes, you need to complete form I-765 as part of the adjustment package. Once OPT ends you have no authorization to work in the U.S. unless other steps are taken. Timing changes. If you are marrying in February and your OPT status expires in May 2012, you likely will have work authorization in time, but it is not assured....

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F1 visa student petty theft

I agree with attorney Deborah. If you were given community service, it means you went to court and plead guilty to the petty theft, yes? If so, then you are convicted of a crime and you must answer as such on entry documents requesting that information. Read the questions carefully, but don't try to hold back information by being clever with your answers. It appears you have been convicted of a crime and an expungement will not erase that fact for immigration purposes. You should keep a...

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It is still possible to get the green card after being arrested for multiple things but charges were dropped or dismissed?

It may be possible to obtain a green card for him if you are a U.S. citizen. It would help to know when he entered the U.S. and what visa he had, if any. If he entered legally on a visa then your chances of obtaining immigration benefits for him is much improved. I would still want to know what visa he had, when his stay on that visa expires, the most recent date of entry to the U.S., and his nationality. All of this information will have a bearing on his case. In immigration circles,...