A combination of factors exist, but there is a visa quota, so the worldwide Family based first preference petitions are backlogged at December 1, 2014.

You can Google for the Visa Bulletin, but you are not affected by the quotas unless you file and the petition is approved. The priority... View More

Your brother was admitted and inspected in H1b visa status, so he is documented. However, he has fallen out of status by overstaying his visa. This means that he has accrued unlawful presence. Likely enough for a ten year bar from lawful admission should he depart the U.S.

He was never a... View More

More information is needed. Are you being paid what is indicated on the labor certification’s prevailing wage?

Again, you ought to remain a reasonable amount of time, but there may be other issues to consider. Therefore, I also strongly recommend that you seek an appointment with a... View More

Again, this is likely not a crime, so no U visa. However, you ought to speak with a personal injury attorney where you were taken to the hospital as a result of injuries or can prove injury as a result of the incident.

It’s unclear whether there is negligence and who was at fault.

Statements by politicians ‘are not enough.’ In addition, if a person is “convicted,” past tense, then this can still be an issue in some Federal jurisdictions.

This is not as simple as it seems. The law was passed by Congress. A President cannot change how the law is written.... View More

This isn’t an immigration question, but more an issue of North Carolina real estate law.

I’d defer to an answer from a licensed North Carolina attorney for this question.

There is something odd about this situation. Usually those who file for an I-539 extension are not required to do biometrics. I sense that the wrong form was filed out, but more information is needed!

Canadians usually have a unique relationship with the U.S. The entry is often viewed as... View More

This is a good question. I'm unsure why the left, because there is no guarantee that the I-131 will be approved and it may be delayed and/or misplaced. However, they must return with the advanced parole. Otherwise, they will abandon the adjustment of status. The delay in their return may... View More

You must qualify for USCIS employment authorization to lawfully work. If you work without a work visa or authorization, you will have to file for a tax identification number with IRS Form W-7. That is, where you need to file for taxes.

You will need more than a Social Security Number to... View More

No! Unless you voluntarily leave! Also, the DHS will not help your parents! Don't believe your parents if they claim otherwise! You can permanently lose your green card if you are outside the U.S. for more than a year. You will likely never return if you leave. This happens more than... View More

If you were inspected and admitted as a lawful permanent resident, then you can file for a renewal of your card.

However, you may have trouble with seeking citizenship by naturalization, so you ought to discuss that matter with a competent and experienced immigration attorney before... View More

More information is needed. It is possible that you’re ineligible to get lawful permanent resident status, while you are in the U.S. A delay can be based upon the fact that you are subject to visa quotas, so USCIS is in no hurry to make a decision. If so, you seem to have overstayed. This means... View More

It’s one thing to say that you can and another thing to prove it. Some applicants may have other issues that complicate the waiver process.

Many applications for waivers are delayed or denied, because the evidence to prove the claim was not enough as a matter of law and/or discretion.... View More

A B2 visitor for tourism cannot lawfully live and work in the U.S. You must have a work visa where your employer must prove that it has a need for you to work in the U.S.

That means, if you are working and deriving an income, while residing in the U.S. in non-immigrant visitor status, then... View More

Your dad has to tell the truth, show remorse, and demonstrate good moral character. This is an old conviction, so he ought to be able to overcome any concerns.

He has the right to representation, outside the interview and through correspondence. Any representation is best engaged before a... View More

This may create complications, but it’s unclear. Some attorneys may be able to provide assistance, but it can take more of a commitment by the clients.

That may take years, even decades for a fourth preference family based visa depending upon where he is from, but the best time to file the petition is as soon as possible!

There may be other issues that potentially disqualify him, so it’s always best to consult with a competent and... View More

Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first... View More

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS... View More

If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.

Also, if you have not yet become a... View More