Background : I did M.S. Engineering on F-1, then worked on an H-1B visa (for 2.5 years). Then came back to grad school to do PhD Engineering after changing status from H-1B to F-1. While on H-1B, did not apply for AOS or GC etc. I am now 2 years i...
While I agree in concept with Elizabeth, she had lumped COS and obtaining a physical visa together. They are two separate things. There should be no problem obtaining COS. The only issue I see is whether or not the US Consulate in the home country will issuse an F-1 visa. Regarding Dual intent. The original question raises the point, but asks the question from a position of ignorance rather than knowledge. An H-1 visa allows dual intent, but the application for an H-1 visa does not denote an intention to remain in the US permanently. In fact, quite to the contrary, as H-1B employment is temporary in nature. Only if the H-1B filed an Application for Labor Certification and then upon aproval an I-140 would dual intent come into question. If that did not happen, then there is no dual intent problem. The applicant still has the burden of convincing the Consular Officer that she has not dual intent, but that is normally no problem when there is no documentary reason in her file that would suggest otherwise. These visas are issued very day of the work week. I would have no fear.See question
My friend got a baby with this illegal lady out of marriage. This lady already had a game plan on how she will use my friend for green card and my friend fell into the trap. Now she's threatening my friend to file green for her, otherwise, she'l...
The moral issues about infidelity and having children out of wedlock have no bearing on the issues. First, the mother of the child can get absolutely NO immigration benefits. Second, the father CANNOT file an I-130 for her because he is still married. Third, although he may be responsible to pay child support, that is a matter for the family law court to to decide . . . . but at the same time as the illegal mother files for child support, he should file for an Order of Custody. He has equal parental rights to hers and she cannot raise the child in the USA because she is not entitled to be here. Therefore it is in the BEST INTERESTS OF THE CHILD to have sole physical custody awarded to the father. What she does about her immigration status is up to her, but she cannot gain any from the father, becasus only people can file an I-130 on behalf of their spouse and the mother is NOT his spouse. The wife of the father does not need to file for adoption. That would be ridiculous and I won't even go there. There is NOTHING the illegal mother can do except try to get child support. Fight it and fight for custody. It is really as simple as that. Go see a Family Law lawyer . . . . there are NO immigration issues here.See question
My son just came to visit me, he entered legally with his wife and daughter, they do not want to comeback to Guatemala for safety issues, and I am planing to file the I 130 for him, wife and daughter, but my question is can we do it concurrently, ...
Your son and his family cannot remain in the USA after their tourist visa expires or they may be subject to the 10 year bar from admissibility. You don't want to do that. The visa bulletin is severely backlogged for your type of case. Refer to the Visa Bulletin for the numbers. If he truly qualifies, he may be able to file for Political Asylum, but most likely that is doubtful. Don't get ripped off by an unscrupulous immigration lawyer that will charge you big time and file an Application for Political Asylum, only later to tell you, "Sorry, it was denied." Research yourself on the Internet to find out the requirements for Political Alysum; chanced are if your son qualifies for it, he should already know it, because he would know the government was out to lock him up or kill him for disidence, religion, etc. If that's not the case, don't get your hopes up.
My advice is to seek competent legal counsel to file the I-130, yes you may have to pay for it . . . isn't it worth it to get the truth (even if you don't want to hear it)?
Then have him go back to Guatemala (before he overstays his visa and gets into trouple with the immgration laws of the USA, and just like everyone else, wait . . . . a long time. But he CANNOT OVERSTAY HIS VISA! If he does, there will be dire consequences. I can't stress that enough.See question
and it's still under review. Since i'm married can i just file new adjustment of status OR you think it's better and safer to file new I-751?
This is what happens when people believe the I-751 is so easy to fill out . . . the form is free online . . . and the instructions are clear on the USCIS web site. However, nowhere on the Internet does it give advice as to any particular situation. All matters involving immigration law require the expertise of experience immigration counsel, because this is your life, your ability to remain in the USA. I wonder if you realize that if your I-751 is denied you you will be subject to removal and your re-marriage, even to a US citizen will not remedy this? You should immediately withdraw your joint petition and refile with the proper designation of a good faith marriage filing single after divorce. You are lucky you are divorced, it your divorce were pending, there are huge complicating factors. The bottom line is, seek competent immigration counsel. As they say, "Don't try this at home."See question
I would like to know my rights
I see a red flag here. The issue is whether you were ever truly "exempt" in the first place. Why did they change you from exempt to non-exempt? If your job duties have not changed, then they miss-classified you as exempt in the first place and if they did not pay you overtime pay for overtime hours worked, they cheated you out of your overtime pay in the past and are now attempting to cut their losses, however, they owe you back overtime wages at your "exempt" wage rate for all overtime hours you worked. You can obtain those wages only for three years prior to filing your complaint, so time is of the essence. You cannot be fired for claiming your rights, as this would be a violation of public policy and a wrongful termination. You should discuss this with an experienced employment lawyer.See question
After my Doughter had a baby, she had a stroke. Since it was a medical error she was awarded a long sum. After the settlements her husband took her to Brazil for a vocation. Over there, he controls the money from the settlement plus the SSecu...
May we assume that your daughter and her children are US citizens and her husband is Brazilian? If she is a US citizen, why does she not just go to the US Embassy or Consulate and tell them she lost her passport and apply for a new one and leave Brazil? I believe your power of attorney question is irrelevant to her immediate problem, which seems to be more of a personal problem than a legal problem. She does not need to get a divorce to leave him.See question
I was hired as PT sales help & am now a supervisor. I got payed $3/hr more, but am now working 40hrs because the manager has us working as a skeleton crew. IDM helping out but I did NOT sign up for full time but am working full time w/no benefits
I wonder what is your question . . . . You've got a job in an economy where many are out of a job. You have received a pay increase of $3 an hour and put on full time 40 hours. What are you complaining about? Too much work? Didn't "sing up for full time"? I wonder again, just what is your question? If it is about benefits, you would need to be more specific about that and reveal just what benefits you are talking about and whether they provide those benefits to other workers, or whether nobody gets the "benefits" of which you speak.See question
Hi my name is juan campos im 22 years old. My parents brouth me to the US whe i was 9 years of age. Now im married and have a baby on the way but things are getting so complicated because i dont have a social security to get a job or find a home f...
As my collegues have suggested, you have several options. Whether or not DACA will be available to you depends on whether you graduated from high school - if so, yes, and this would probably be the quickest fixt to your immediate problem of a social security number and employment authorization. Whether or not your wife can help you depends on whether or not she is a US citizen - If so, yes. If a qualilfying application for immigration benefits was filed for you by a relative within the effective period, and if your wife is a US citizen, then you could adjust status in the USA to that of permanent residence through your US citizen wife by paying a "fine" of $1,000 inaddition to the other USCIS filing fees. If that is not the case, you need to apply for a "I-601 waiver" and show "extreme hardship" to your US citizen spouse and child in order to get the government to forgive your previous illegal status. None of these options is easy. You will need the assistance of competent immigration counsel, especially for the I-601 wavier. But I suggest you begin with DACA.See question
I'm currently looking for a job and a place I interviewed at has asked me to write a memo on this topic (it's a law firm). Could someone with tax and/or immigration knowledge comment? Is there any legal authority on this at all? Is there a specifi...
I believe the answer to your question clearly lies in the link to the USCIS Memo you cited, which at paragraph 7.2.1 states:
Self-employed business owner. A student on OPT may start a
business and be self-employed. The student must be able to prove
that he or she has the proper business licenses and is actively
engaged in a business related to the student’s degree program."
I believe to be properly 1099'ed you would need a business of your own, with a business license in the city. Now, that satisfies the immigration requirement, but it does not speak to the issue as to whether or not you are truly an Independent Contractor or an Employee. That's the real issue here. If you would like an office consultation on this issue, I would be happy to provide this for a flat fee of $100 and I believe I can answer all your questions. Call me for an appointment at (949) 232-3036.See question
I have two I-485s. One as derivative from my wife's (filed in 7/2007 EB3 while I was F1) and the other as primary from my employer (filed 10/2010 EB2 as my previous is taking too long). I graduated in 12/2007 which consequently terminated my F1 i...
What you say does not make sense and is exactly what happens when one attempts to do their own immigration case. Had you used the services of an experienced immigration lawyer, you would not be in this situation. Lawyers using chat forums such as AVVO run tremendous risk advising people because, first, we do not have sufficilent facts to fully analyze your case, and second, it establishes an attorney-client relationship and opens the attorney up to liability. I only consul clients who have retained me, because believe it or not, this is what I do for a living, just like you do whatever you do for a living. I suggest you hire and pay a qualified immigration lawyer in your locality and get your problems resolved if at all possible. I will say this however, if you have an I-485 on file through your wife's EB-3 status, you should have an Employment Authorization Document, so you would not have been working without authorization. If you don't have an EAD, that of course would be a different story.See question