If you do, you would be required to reopen the removal proceedings before you can proceed with filing for a new permanent resident application. You should definitely consult with immigration attorneys denver in this case.
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Wednesday, February 29, 2012
Past attempt to get a green card- positive or negative on a new petition?
The past application, alone, should not be detrimental to a future application, and in some cases, may actually be very helpful. For example, if the prior application was filed prior to 2001, then it may make you eligible for a law called 245(i) that enables you to pay a penalty and be forgiven for certain status-related violations. But, you should also make sure that the previous denial did not result in the initiation of removal proceedings against you and that you do not have an outstanding order of removal.
If you do, you would be required to reopen the removal proceedings before you can proceed with filing for a new permanent resident application. You should definitely consult with immigration attorneys denver in this case.
If you do, you would be required to reopen the removal proceedings before you can proceed with filing for a new permanent resident application. You should definitely consult with immigration attorneys denver in this case.
1-94 Card Lost for the Second Time and Trying to Apply for an I-130
f you filed an I-102 for a replacement I-94, and it is approved, you will receive a new I-94 card and can use the number on the I-94 card for proof of lawful entry. The number on the I-102 receipt is not sufficient. However, if your father paid a fine in the past because he could not find your I-94 card, you could be covered under a law called 245(i) which forgives you for the initial unlawful entry and you may not need to file an I-102 at all.
You should definitely consult with an immigration attorney denver to determine whether you are covered by 245(i) or whether you should proceed with filing the I-102 in your case.
You should definitely consult with an immigration attorney denver to determine whether you are covered by 245(i) or whether you should proceed with filing the I-102 in your case.
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Tuesday, February 28, 2012
Questions Immigrants Often Have After Filing for Citizenship
After applying for citizenship and receiving a receipt and alien number, often people want to know whether they can go to school, obtain a driver's license, and legally obtain employement.
In terms of obtaining an education, that all depends on the school you are applying to.
Generally, to obtain a driver's license in most states requires both a social security card and proof of lawful status.
Once you obtain your work authorization card (usually within 60-90 days from filing) you can obtain a social security card and then a driver's license. These are the documents you will need for most of the issues you face including work, school, bank accounts and others.
In terms of obtaining an education, that all depends on the school you are applying to.
Generally, to obtain a driver's license in most states requires both a social security card and proof of lawful status.
Once you obtain your work authorization card (usually within 60-90 days from filing) you can obtain a social security card and then a driver's license. These are the documents you will need for most of the issues you face including work, school, bank accounts and others.
If you would like more information or assistance with this process, contact a local immigration attorney Colorado who can help you along.
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A Case involving a Child of a US Citizen with an Overstayed Visa from Ghana
With the father recently filing an I-130, they will need to provide the documentation requested to the Service Center. If the documentation establishes the father-child relationship, the case will be approved. The next step will be either adjustment of status within the U.S. or consular processing abroad in Ghana. If the child is under 21 and unmarried, they will be able to adjust status within the U.S. as long as the family has proof of lawful entry. If the child is over 21 or married, and have overstayed their visa, they will have to process the immigrant visa in Ghana causing the child to need a waiver depending on how long they overstayed their visa.
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Monday, February 27, 2012
Inquiry Regarding requesting an Employment Card
In being asked this question: My wife applied for residence for me. Uscis sent me the receip number- So can I ask for an employment card so I can start working in the US? I don't have enough information to answer. I would need to know if the wife is a citizen or resident and whether the person entered the U.S. legally or illegally. If the wife is a citizen and the the husband entered the U.S. legally and have never left, they can file for the immigrant visa, the permanent residence and work authorization all in one application.
Once that is filed, the work authorization card would arrive 60-90 days after filing unless there are missing documents. If more information is needed, they would have to consult with a colorado immigration lawyer.
Once that is filed, the work authorization card would arrive 60-90 days after filing unless there are missing documents. If more information is needed, they would have to consult with a colorado immigration lawyer.
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Returning to the US with a Visa After Leaving the Country for an Extended Period of Time
Posted here is an interesting situation with numerous questions regarding returning to the US with a visa after being away for an exteneded period of time.
The situation from the client's point of view:
The questions Asked Included:
1) Can he comeback now with diffrent employer offer letter?
2)As he have been out of US for 140 days till date, would he able to enter US with current F-1 Visa ,which expires on July 2013.
3) Is this true that if a peson is out of country for 150 days ,he may not enter with his previous VISA.
4) Is it ok to enter with offer letter in hand anytime before January 2011?
5) Please suggest what is the best way for him to come back?
The Answer: The F-1 visa is tied to a particular I-20 form which was signed by a particular school. Similarly, the OPT that he received is also tied to that I-20 signed by a particular school. If he has left the United States for that length of time and has been outside the U.S., he is not going to be allowed to reenter on the same I-20, visa and OPT. He will need to file for a new work authorizing visa and reenter with the new visa. The best thing he can do is contact immigration specialists who may be able to help him understand and work through the immigration process.
The situation from the client's point of view:
My brother is on OPT now and which is valid till Jan 2012 and he left to India on April 29th 2011 due to medical emergency. When he left US ,he was working for an Employer and as he was not able to return in the given time and his job got terminated on May 27 th 2011. He would like to come back now.He is been out of country for 140 days now.
The questions Asked Included:
1) Can he comeback now with diffrent employer offer letter?
2)As he have been out of US for 140 days till date, would he able to enter US with current F-1 Visa ,which expires on July 2013.
3) Is this true that if a peson is out of country for 150 days ,he may not enter with his previous VISA.
4) Is it ok to enter with offer letter in hand anytime before January 2011?
5) Please suggest what is the best way for him to come back?
The Answer: The F-1 visa is tied to a particular I-20 form which was signed by a particular school. Similarly, the OPT that he received is also tied to that I-20 signed by a particular school. If he has left the United States for that length of time and has been outside the U.S., he is not going to be allowed to reenter on the same I-20, visa and OPT. He will need to file for a new work authorizing visa and reenter with the new visa. The best thing he can do is contact immigration specialists who may be able to help him understand and work through the immigration process.
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Sunday, February 26, 2012
Change from L1a to L1B/H1B
In terms of making the transition from a L1a to L1B/H1B a client posed the following question:
I have been in the US for two years under a L1A visa, now I transfer into a new role, which does not have a managerial responsibility. My company will apply for a new visa (L1B or H1B) but what happens during the processing time, I'm I still entiled to stay in the US?
Our response was that he could remain in the United States as long as his current I-94 card had not expired and he had filed a timely change of status application to L-1B or H-1B based on the new company. If there is time out of status, it is possible that the USCIS will approve the new petition but deny the change of status in which case, you would have to travel outside the U.S. to obtain a visa abroad.
I have been in the US for two years under a L1A visa, now I transfer into a new role, which does not have a managerial responsibility. My company will apply for a new visa (L1B or H1B) but what happens during the processing time, I'm I still entiled to stay in the US?
Our response was that he could remain in the United States as long as his current I-94 card had not expired and he had filed a timely change of status application to L-1B or H-1B based on the new company. If there is time out of status, it is possible that the USCIS will approve the new petition but deny the change of status in which case, you would have to travel outside the U.S. to obtain a visa abroad.
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Getting Residency Back by Applying for Waiver
Can a person regain a green card after the one they had was subjected to a removal and deportation order (for a crime of moral turpitude)? The person left the US on their own but wants to return to the US where they previously worked and resided for fourteen years.
That person can seek a waiver of both the crime of moral turpitude (as long as it is otherwise not an aggravated felony) and the prior removal order. However, they must first have an avenue by which to reapply for permanent residence. This can be through a family petition or employer sponsor, but the visa petition and application for residence must be approved before you can seek to enter and apply for the waiver at the consulate.
For a more detailed analysis of the process and issues involved, contact an immigration lawyer who can assist.
That person can seek a waiver of both the crime of moral turpitude (as long as it is otherwise not an aggravated felony) and the prior removal order. However, they must first have an avenue by which to reapply for permanent residence. This can be through a family petition or employer sponsor, but the visa petition and application for residence must be approved before you can seek to enter and apply for the waiver at the consulate.
For a more detailed analysis of the process and issues involved, contact an immigration lawyer who can assist.
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Saturday, February 25, 2012
Legalizing your Future Spouse
A woman inquired about legalizing her future spouse who she had been dating for months. They were talking about getting married but needed to know if it would be better to go to Mexico and marry and file over there or do it here in the US. They also inquired about the steps for doing so once their decision was made.
We provided an answer of:
You can get married in Mexico or in the United States. However, there may be risks with traveling abroad so before your spouse leaves the country, you should consult with a Colorado immigration attorney to discuss your options and come up with the best option for your circumstances.
We provided an answer of:
You can get married in Mexico or in the United States. However, there may be risks with traveling abroad so before your spouse leaves the country, you should consult with a Colorado immigration attorney to discuss your options and come up with the best option for your circumstances.
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Sponsoring an Immigrant
A Swedish citizen currently living in the US with her spouse's VISA (L1 and L2) asked about when his assignment is over. She wanted to know if there was any chance someone can sponsor her to stay in the US. They had financial resources, but also wanted to work here. Additionally, she requested to know if there was any risk for the sponsor?
Our response at Joseph Law Firm Denver was that under U.S. immigration law, there is not avenue to remain in the United States based on generic sponsorship. It may be possible for you to remain in the United States, but you would have to obtain a new employer sponsor or start a business and self-petition for an investor or treaty trader visa (E-1 or E-2). You should consult with an immigration attorney to discuss these options and the best avenue for you.
Our response at Joseph Law Firm Denver was that under U.S. immigration law, there is not avenue to remain in the United States based on generic sponsorship. It may be possible for you to remain in the United States, but you would have to obtain a new employer sponsor or start a business and self-petition for an investor or treaty trader visa (E-1 or E-2). You should consult with an immigration attorney to discuss these options and the best avenue for you.
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Friday, February 24, 2012
If Looking to Marry Someone Who Entered the Country from Mexico without Inspection
I am sharing this question pertaining to a woman who asked if it was possible to keep her boyfriend here without having to go to Mexico.
Generally, if you entered the United States without inspection, you must return to Mexico in order to process your immigration paperwork. The exception to this is if someone filed an immigrant visa petition for you or your spouse or your parents prior to April 30, 2001 in which case you may be covered by a law called 245(i) which expired on April 30, 2001. Under 245(i), you may be able to pay a penalty fee and remain in the United States to process your paperwork. You would need to consult with an immigration attorney to see if you qualify inder 245(i) and, if not, to discuss the process of obtaining a visa at a consulate abroad. We would be happy to assist you with this. Please contact our office at the number above and we can assist you.
Generally, if you entered the United States without inspection, you must return to Mexico in order to process your immigration paperwork. The exception to this is if someone filed an immigrant visa petition for you or your spouse or your parents prior to April 30, 2001 in which case you may be covered by a law called 245(i) which expired on April 30, 2001. Under 245(i), you may be able to pay a penalty fee and remain in the United States to process your paperwork. You would need to consult with an immigration attorney to see if you qualify inder 245(i) and, if not, to discuss the process of obtaining a visa at a consulate abroad. We would be happy to assist you with this. Please contact our office at the number above and we can assist you.
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E2 investor & Canadian Citizen Seeks Work Permit
If your request for a work permit was denied and you are wondering what happens if your appeal is also, denied.
As an immigration lawyer in Denver, I would need to know at what level the person appealed and what the result was. If the personal also exhausted all adminstrative remedies, they can seek review in federal district court. They can also refile a new E-2 petition or examine other nonimmigrant opportunities.
As an immigration lawyer in Denver, I would need to know at what level the person appealed and what the result was. If the personal also exhausted all adminstrative remedies, they can seek review in federal district court. They can also refile a new E-2 petition or examine other nonimmigrant opportunities.
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Thursday, February 23, 2012
Prosecutorial Discretion
A few months ago, the Obama administration started reviewing the cases of those in removal proceedings with an aim of focusing on criminals. As a result, many illegal immigrations are wondering if it is considered a criminal act to be charged with overstay.
When a person is charged with overstaying on an authorized period of stay on the Notice to Appear, alone, and were never prosecuted for a criminal offense, that would not constitute a crime that would prevent their case from being reviewed under the Morton memo.ICE will consider all 19 factors in reveiwing cases to determine which cases are appropriate for administrative closure or other remedies.
For those here illegally and that are overstaying on authorized time, it is always best to hire an immigration lawyer in Colorado who can better advise you based on the details of your situation.
When a person is charged with overstaying on an authorized period of stay on the Notice to Appear, alone, and were never prosecuted for a criminal offense, that would not constitute a crime that would prevent their case from being reviewed under the Morton memo.ICE will consider all 19 factors in reveiwing cases to determine which cases are appropriate for administrative closure or other remedies.
For those here illegally and that are overstaying on authorized time, it is always best to hire an immigration lawyer in Colorado who can better advise you based on the details of your situation.
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Does he really have to go back to where he is from??
Question: I got married a year ago and we are ready to get my husband papers. He just turned 18 years of age and has been here for ten years but he came here illegally, so will he be required to return to his country of origin?
Answer: If he initially entered without inspection and no one has ever filed for him or his parents in the past, then most likely he is not covered by 245(i) and would have to return to his home country to process his papers. If he leaves before he is 18 and 1/2, then he will not have triggered unlawful presence and may not need a waiver to return. Because of the complex issues in the case, you should definitely consult with an immigration attorney before proceeding with the case.
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