Bonnie Stern Wasser's Answers

Marrying citizen

In addition to Karol Brown's excellent answer, I would add that entering into a marriage arrangement solely for immigration purposes is also a federal crime for which EITHER the sponsoring spouse or the immigrant spouse can be fined or sent to jail. Even if the government is unable to prove marriage fraud under the immigration laws, they might still pursue criminal action against either party for the federal crime of making false statements on a government application, or find the immigrant...

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Marriage citizenship application

Anyone who is not in the US lawfully should seek counsel before submitting any immigration application for a benefit. This is because there are many different rules that come into play as to your eligibility to eventually immigrate such as whether you last entered legally or not, whether you need a waiver, whether you are subject to any of the bars, whether you were previously deported or re-entered illegally, whether you will need to consular process or not, and other issues. Just marrying a...

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H1B Visa Query

H-1B petitions are employer and job specific. When you apply for a visa with an approval notice, it should be with the intent to work for the employer named in the petition in the occupation/duties which that petition covers. If you haven't received any information about this from the employer or the employer's attorney (or your own attorney), then there is a serious problem with your representation. If you are not familiar with the process, who is doing what, and the job duties and...

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Declaring a marriage abroad

I would check with your accountant/tax attorney to determine if this is legal. When you apply for naturalization, you are asked specifically about your tax filing status (resident v. nonresident) and whether you ever failed to file tax returns. However, you are also asked questions about good moral character and whether you have made false statements or violated any laws. So, you need to determine whether this would be a violation of the IRS code given your circumstances. Finally, when...

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Misdemeanor-petty theft pc § 484/488

You should definitely consulate an immigration lawyer and possibly a criminal lawyer, too (or a lawyer who knows both criminal law and the immigration consequences of crimes). Not all crimes prevent immigration or citizenship. But on the other hand, many have various consequences, even minor offenses. For starters, go to the court where your case took place and get a certified copy of the criminal court record and bring that to your attorney. Analysis of the immigration consequences can be...

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What is rule 214

214, usually referred to at a US Consulate as INA 214(b) - the code in the immigration statute, refers to pre-conceived intent or the situation where someone is applying for a temporary nonimmigrant visa, and actually has (or the consulate believes they have) intent to stay in the US permanently or indefinitely. Basically, the way US immigration law works is that everyone coming to the US is presumed to be coming permanently or indefinitely. Therefore, to qualify for a temporary visa the...

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Discrimination in home country

The following is general information only and not intended to be legal advice for your specific situation; nor is it intended to create an attorney-client relationship. Merely being discriminated against in your country is not a ground to come to the USA. However, if you can show that you have suffered past persecution or will suffer future persecution because of your race, religion, nationality, membership in a particular social group or political opinion, you MAY be eligible to apply for...

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I am a permanent resident and had a misdemeanor in 2007 for an attempt in 2003. I have not applied for citizenship yet.

There are not enough details given here. Generally speaking, anyone with a criminal history should order certified copies of the entire criminal record from the clerk of the court where the offense took place so that an immigration lawyer can adequately review your history in order to give advice. At the very least, order the charging document, the plea, the judge's order, the sentence and fulfillment of the sentence plus any post-trial orders. Bring these things to an immigration lawyer who...

Can a marijuana conviction prevent me from graduating?

Most drug convictions can get you deported,and/or prevent permanent residence. There are some exceptions (very few and very narrow. BUT...what you really need to do is get a certified copy of all of your criminal records, even if dismissed, from the clerk of the court where the case took place. Be sure to get the charging document, the plea, if any and any statement (signed or oral with transcripts) given as to admission or denial of facts, court minutes or minute orders, judge's orders/...

Would alien resident lose greencard if he leaves the U.S. for 3 months to visit family

If the objective is to eventually apply for citizenship and not lose permanent residence by being outside the US for too long, then the boyfriend needs to plan in advance of his trip how he is going to prove up that he is continuing to maintain his permanent home in the US. He should make a file that contains proof of his home ownership, his bank and investment records, insurance of various types, evidence of his continuing his job or schooling, and list of relatives in the US, utility bills,...