Temporary Protected Status for Syrian Nationals in the US

On March 23, 2012, the Department of Homeland Security (DHS) announced an intention to extend Temporary Protected Status to Syrian nationals.  In her announcement, the Secretary of Homeland Security, Janet Napolitano, stated that DHS recognizes “the deteriorating conditions in Syria,” due to the unrest which began in March 2011.  DHS is concerned that Syrian nationals currently in the U.S. who attempt to return home “would face serious threats to their personal safety.”

However, DHS has not yet posted registration dates for Syrian’s to apply for Temporary Protected Status.  Any applications sent in before the designated registration period will be rejected.  According to the announcement, DHS plans to post procedures and requirements for registration early next week (the week starting March 26, 2012).  Our firm will post updates regarding the registration period at http://www.immigrationissues.com/, but interested applicants may also look for updates at www.uscis.gov/tps.

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Will Shoplifting Charges Impact Getting a Green Card Through Marriage?

Perhaps. All crimes involving moral turpitude are inadmissible offenses under INA section 212(a)(2)(A)(i)(I). However, there is a petty offense exception if the maximum POTENTIAL penalty for the offense does not exceed imprisonment for one year and any actual sentence received does not exceed imprisonment for 180 days (even if that sentence was suspended). Based on your fact pattern, it appears that the offense might meet the petty offense exception which would mean that you would be admissible. If you have more than one criminal incident in your past, you will not qualify for the petty offense exception. It only applies to a single criminal incident. If it does not meet the petty offense exception, you can still seek admission based on the marriage but you will need a waiver of the crime under INA section 212(h). To avoid Deportation Colorado and obtain such a waiver you must demonstrate that it would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent or child if you do not receive the waiver.

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Does the 10th circuit abide by sila-trevino?

The 10th Circuit has not addressed the viability of Silva Trevino head on, but has applied it in cases without determining whether it is a valid decision. So until it is directly at issue in the 10th Circuit, you have to assume it applies. The judge will look down to see what the underlying offense is to determine whether it involves moral turpitude. For more information on this subject it is always best to seek help from immigration lawyers in Colorado for assistance.

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H1 Visa Stamping after Being Charged with a Crime

Will a person have issues with H-1B Visa after being caught shoplifting?

There could be. Shoplifting is a crime involving moral turpitude. If the maximum POTENTIAL penalty for the offense is more than one year, the offense could make you inadmissible and you would need a waiver to get the H-1B visa. You definitely need to consult with an immigration attorney about your case who is experienced in criminal related immigration issues. You can also consult my legal guides regarding the immigration consequences of criminal pleas for background. The attorney does not need to be licensed in Georgia since immigration is federal in nature.

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When is the affidavit of support given for visa petition?

The affidavit of support will be collected once the visa becomes current and the case is eligible for processing the visa.

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Procedures for Deportation After 11 Years in US

A man who came here legally and has been here for 11 year pays taxes, has no criminal history- including no misdemeaners. He was married in April 2010 and his wife filed for i-130 and it was denied. She since, filed for a divorce and now the husband can not appeal. He wans to know the next step from here and whether this will cause him to be deported. In addition, he requested to know the procedures of deportation, what can he do to stay in the us, is there a chance he wont be called to appear?

Advice provided to the man by me, Jeff Joseph of Joseph Law Firm:

We need more information to determine if you are eligible to fight your case. There are many different options available to individuals in removal proceedings, but each option has distinct legal requirements for eligibility. Some of the factors that would need to be considered are length of time in the U.S., family connections, your native country and whether you face persecution there, as well as whether you have ever been the victim of a crime or domestic violence. Please contact an attorney experienced in removal defense to assist you with your case.

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Husband's H1 B and Wifes I 94 Expired- What they Should do

Here is the situation at hand:

Husband's Company filed for his extension on 09/06/2011 which got approved on 11/24/2011. The company did not file I 539 for the Wife, which is why she is currently out of status.

The couple plans to file for wife's I 539 in a couple of days. In the meantime, the husband is planning to change his job and his new employer is planning to file his petition next week which should get approved in couple of weeks of filing. I 539 approval takes 60-75 days.

So the wife wants to know:

• Will there be a problem with her I 539 approval since they will be filing her I 539 with his old company's I 797?
• Should the husband's new employer file for wife's H4 along with his H1?

The company explained they can't as the wife is out of status and will apply for H4 only after I 539 has been approved.

Here is the guidance  provided by experienced immigration lawyers in Denver Co

The best way to handle this is to leave the U.S., and reenter on the existing visa. You will be provided a new I-94 on reentry that correlates to your husband's. The other option is to file the 539 at the same time your husband files the new H-1B and rely on the regulation that allows USCIS to forgive you for technical violations. The risk, of course, is that if the case is denied, you will be out of status. Additionally, if you have accrued more than 180 days out of status after 09/28/11, you could be barred from reentry for three years. Please consult with an experienced immigration attorney before proceeding.

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Does a F1 Student on OPT Marrying a US Citizen, Need to Leave the US to Sort out Visa Issues?

You should consult with an immigration attorney to discuss all the options that are available to you. There are at least three different avenues of obtaining residency based on a marriage to a U.S. citizen and the method you choose depends on where you intend on getting married, whether you will have a civil or religious ceremony and other factors. Please contact an immigration attorney to find out the best option for your particular circumstances.

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Obtaining a Visa for a Future Marriage When Not Yet, Divorced

If the divorce is not yet final, they will not issue the visa. If the divorce is final, you will need to show objective evidence of your relationship. Cell phone records, e-mail correspondence, travel tickets, photos, joint finances, receipts for gifts you have purchased for each other, and other documents to establishy the relationship.

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Watch for Scam Artists- F1 Overstay Caused by Money Scam

In an effort to remain in the US a women has requested immigration advice. This is her situation:

I came to the U.S for my graduate degree in 2009 and was on extension of my I20 in 2010. I met my ex-bf who is an american citizen about a year ago. Later he made up a story to convince me his life is in danger if he doesn't have money to pay his debt. So I lend him 10k all I had. He promised me he'll pay me back right away. Yet, of course he didn't after he obtained the money. I couldn't get a sufficient financial statement to extend my I-20 again since I didn't get my money back. My I-20 expired and I became over-stay, and it's going to be over 180 days soon.

I just found out he changed his name since he has been sued many times by women who he owed to under his old name. His salary is required to be garnished as well. Can I consider this as money scam? What can I do for my overstay now?

 Advice provided by Denver Immigration Attorney:

We need more information from you to determine whether you would qualify for any other type of status and what the procedure would be to obtain that status. Please contact an experienced immigration attorney to discuss your case and review your options.

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What is Better- "Adjustment of Status" OR "Consular Processing"

You need to consult with an immigration attorney to discuss the various processes and which option is going to be best for you, given your particular circumstances. When speaking locally, I always advise people to contact immigration lawyers in denver.

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Will a Ban on Entering the US After Being Denied Entry Impact College Admissions?

If banned from entering the US for five years after you were denied entry, and wishing to attend a University in the US come the Fall, You will need a nonimmigrant waiver in conjunction with your application for the student visa.

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In Response to a Man Inquiring About His Wife's Citizenship After Entering the US Illegally at 6 Months Old

If she entered illlegally, then, most likely, she will have to leave the U.S. to process her paperwork. The only excetion is if a family member or employer filed a petition for her or her parents or a previous spouse prior to April 30, 2001 in which case she may be covered by a law that would allow her to remain in the U.S. to do her paperwork. If she is not covered by this law and she entered illegally, she would have to eventually leave to process her immigrant visa. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent her from immigrating such as crimes, immigration violations, etc. If she was in the U.S. for more than one year unlawfully, she will trigger a 10 year bar to reentry when she leaves and will need a waiver to overcome that bar. To obtain the waiver, she will have to demonstrate that it will be an extreme hardship on you if she is not granted the waiver. We have had tremendous success with such waivers in our office -Joseph Law Firm.

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Filing an Expedite Request- Can it Slow Down the Processing of From I-485

Here is a post where a person was seeking immigration advice regarding filing an Expedite Request and whether it can Slow Down the Processing of From I-485

Here was the post in which the person was seeking advice:
So far, the I-130 petition that my relative has filed on my behalf been approved. As such, in an attempt to adjust my status, I recently filed Form I-485. Two weeks ago, I received a receipt for my application. Since, I NEED TO GO TO EUROPE during the SUMMER of 2012 and didn't file Form I-131, I am worried that my case will not be processed in time.

1) Are my circumstances valid enough to request an expedite request?
2) If so, would it be best to do it via a member of Congress's office?
3) If my request is denied, will that slow the processing of my case?

Advice provided by Joseph Law:
The USCIS has very specific criteria for requesting the expedite of a travel document. Summer travel would not meet the criteria. However, if you file now, you should receive an approval of the I-131 well before the summer of 2012. You can check the processing times at the USCIS website below.

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Is a Copy of I-94 and J1 Visa Enough to Prove Lawful Entry?

From my experience as a Colorado Immigration Attorney- Generally, the I-94 is the best proof of entry.

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Is it possible to transition to a H1B visa from an A2 Diplomatic visa?

Unless you have independent work authorization as an A-2 dependent, you cannot begin working with the new company until you have a valid change of status from A-2 to H-1B.

You can file for the next fiscal year H-1B numbers as early as April 1, 2012, but you would not be able to begin work until October 1, 2012.

If you are from Chile, Australia, Mexico, Singapore or Canada, there may be other options available,, which can be explained by immigration specialists.

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Divorcing an Illegal Immigration- Is Divorce Necessary?

A woman from Colorado Springs asked whether she had to go through the divorce process if she married an illegal immigration from mexico. As her local immigration lawyer Colorado Springs, I informed her that -Yes. If you want to divorce, you must go through the legal filings and procedures for doing so. There is no common law divorce.

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EAD to H-1B visa Scenario

Facts about this case:
Husband: Primary green card applicant.
Wife: Secondary green card applicant. Currently using EAD for work. Previously had H1 but did not renew for second time.
We are using advance parole to enter the country.
Current Status: 485 applied and pending.
Priority Date: Dec 2004, EB3 India
Question:Her employer is willing to sponsor her H1 visa.
1. Will there be any impact on my wife's 485 applications if she decides to move from EAD to H1-b visa.
2. Does she need to apply for a new H1 or can she renewal her old H1 which is expired by now.
I also heard that if an applicant changes their status: 1. He/She has to leave the country and get the new visa stamped and re-enter
2. Their existing Permanent residency application is considered abandoned

Advice Provided by Joseph Law Firm:
If she is in valid status with a pending I-485, she can file for a H-1B. She will be issued an I-94 card that is good for up to three years. She will only need to get an H-1B visa if she leaves the country. The regulations allow an H-1B holder to travel while a 485 is pending and reenter on the H-1B. You should consult with an immigration attorney before filing this to make sure that all of the relevant factors have been considered.

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Spouses Filing Green Cards For Their In-Laws

As an experienced Immigration Specialist Unfortunately there is no visa category for in-laws. Additionally, you must be a U.S. citizen to sponsor your parents. The visa bulletin explains the different visa categories and wait times in those categories. Click here to access the visa bulletin

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Severity of Being Banned From Entering the US for 5 Years After Being Denied Entry

If banned from entering the US for five years after you were denied entry, and wishing to attend a University in NY come the Fall, You will need a nonimmigrant waiver in conjunction with your application for the student visa.

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How to Become a US Citizen if Brought Here Illegally as a Small Child

To answer this immigration question well, I would need more information in order to answer your question. There are a multitude of avenues to enter the U.S. Some of the avenues are temporary and others are permanent. The means by which you seek to enter and settle in the U.S. depend on your family ties, employment situation, and other factors. If the DREAM act would pass, you would qualify, but absent action by Congress on the DREAM act, I would have to analyze the case to determine what relief.

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Applying for Citizenship with Incorrect Documents

I am providing a situation I have recently been confronted with as an example of when this may be an issue for people trying to obtain US citizenship.
As stated by the woman involved:I'm married to a US citizen. He wants to file a residency petition for me but the problem is although I came in legally, my name was not correct on the passport. Meaning the whole thing was a fraud where I was someone else's child with a different last name. I was 5 years old. It wasn't under my control. How will this affect my process?

Advice provided by Immigration Specialists: Your husband can file for you but your inspection was fraudulent. Depending on the case law in your Circuit, this may still be considered an inspection and admission, albeit a fraudulent one. If so, your husband can petition for you but you will need a waiver to overcome the fraud that creates a ground of inadmissibility in your case. To obtain the waiver you will have to demonstrate that it will be an extreme hardship on your husband if you are not granted the waiver.

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IF you Accidentally Used an Older Version of the 1-693 Form

I would take the form back to the clinic with the request for evidence and ask that they redo it on the correct for at no charge. On January 1, 2012, there is a new form entirely so you need to get this done before that date. If the clinic gives you a problem with this, contact a local immigration lawyer denver.

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Is there any exception upon which a resident alien married to a us citizen could be deported?

If, by resident alien, you mean a lawful permanent resident, then the answer is yes. Lawful permanent residents qualify for a process called 7 year cancellation of removal. To demonstrate eligibility, you have to show 7 years of unrelinquished domicile after admission in any status, and 5 years as a lawful permanent resident. You also have to demonstrate that you do not have any convictions for an aggravated felony as defined under immigration law. Finally, you have to demonstrate that you deserve cancellation of removal in the judge's exercise of discretion. Additionally, you may qualify for "re-adjustment of status" based on your marriage to the U.S. citizen. This essentially means, you reapply for permanent resident status and start over. Through readjustment of status, you are able to keep your resident alien status.

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Time to Appeal- How many days to you have to appeal and immigration denial.

This depends on which type of immigration decision you will be appealing. Most often, if the decision is one that gives you a right to appeal, the decision will tell you how long you have to appeal. If it is not clear on the face of the decision, you should consult with Colorado immigration attorneys.

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Can a M1 Visa Approved for One School, Work For Attending Another School

You have to get a separate I-20 from the new school before you can enter and will need to get a new M-1 visa.

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H1B Expiring Shortly- Will Marriage to a US Citizen Allow for a Person to Stay

If you get married and are in a spousal relationship and file for adjustment of status you are in a "period of stay authorized by the Attorney General" Since you do not have a valid I-94, you are not, technically, in legal status and DHS could seek to remove you. Practically speaking, however, they rarely initiate removal proceedings against individuals who have overstayed an I-94 or are out of status and who have a bona fide application for adjustment of status pending. 

You are well advised to get married and file as quickly as possible. Once the adjustment of status is pending, you can obtain independent work authorization and travel permission. You cannot work or travel until you receive those documents.

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Applying for Asylum to Leave Country with US born Baby

A woman wants to apply for asylum because she is unable to get a Visa for her baby to leave the country. The reason for this is because in order to do so, both parents need to present a password, which her husband does not have.

The mere fact that she cannot change to another status does not provide a ground for applying for asylum. She can only apply for asylum based on past persecution or a well founded fear of future persecution on account of your race, religion, nationality, political opinions or membership in a particular social group. There may be other ways of getting a visa for her baby, and she can negotiate those with the host country, but based on the information she presented, the fact that she cannot obtain a visa will not provide grounds for asylum.

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Waivers for free renewals of Green Cards

In reference to immigration in Denver Colorado and fee waivers,  the poverty guidelines are just one of the factors that USCIS will consider when adjudicating a fee waiver. To obtain this waiver, you must demonstrate income at 150% of the poverty guidelines for your family size and you meet that requirement. In addition, USCIS will consider whether anyone in your family who is qualified is receiving means-tested public benefits. Finally, USCIS will consider any other humanitarian factors that you want them to consider. The fee waiver is filed on form I-912 and instructions can be found on the form.

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Yes, Family Members can Sponsor an Illegal Immigration

For family based petitions, you should consult the visa bulletin to see the types of relationships that can qualify for family based immigration. Click here to access more information.

Additionally, you can obtain sponsorship through an employment based petition.

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Guidelines to Follow in order for Immigration or USCIS to Recognize a Marriage

When recently asked if immigration would recogonize a Dudeist marriage, and whether it could potentially cause problems, I pleasingly responded.

Under Colorado law anyone can solemnize a marraige including the couple themselves. You must apply for a valid Colorado marriage license and must register the marriage, but the demonination or belief system of the person conducting the marraige is irrelevant for purposes of whether the marriage is legally valid under Colorado Immigration law. The key is that you must obtain the marraige license and certificate from a clerk of a county court.

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The Importance of Proving Your Marriage is Valid

When requested to verify your marriage is valid, it is ultimately your burden to prove. You do this through objective evidence of the relationship such as joint taxes, joint bank accounts, travel tickets, mutual purchases, correspondence, etc. If the I-130 has already been approved by USCIS, there is a presumption of regularity in the marraige and the consulate would have to send the case back to USCIS with a request that the I-130 be revoked. At that time, USCIS would send you a Notice of Intent to Revoke and would allow you time to send additional documentation and evidence of the marriage. If they determine that the original decision was correct, they will reaffirm the approval and send the case back to the consulate for a second interview. If they determine the original decision was invalid, they can revoke the I-130. 

It is also possible that after investigation, the consulate will be satisfied by the evidence provided and will approve the I-130 and issue the immigrant visa.

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Applying for a Green Card to Marry Someone After being Involved in a Domestic Violence Dispute

After being charged with domestic violence, can a female citizen still marry the man involved who is also the father of her baby. Is she still able to help him obtain a green card?

Advice Offered by myself, a Colorado Immigration Lawyer:

Possibly, but there is a lot more information I would need to know to determine the best course of action. The answer depends on whether he entered legallly or illegally. If he entered legally, and you get married to him, he can remain in the United States and apply for permanent residence on the basis of the marriage. He must demonstrate that he entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. He files a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, he is entitled to work authorization. Depending on the nature of the crime, he may be inadmissible as a permanent resident and may need to seek a waiver of the crime. To obtain the waiver, he would have to demonstrate that it would be an extreme hardship on you or his lawful permanent resident or U.S. citizen parents or children. If the waiver is approved, the adjustment of status can be granted.

If the case is approved, he will be issued a conditional permanent resident card that is valid for two years. At the end of the two year period, you must both file another petition called a joint petition to remove conditions on residence and prove that the marraige is still valid. If approved, they will issue him a 10 year unrestricted permanent resident card.

If he entered illlegally, then, most likely, he will have to leave the U.S. to process his paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. Because he has been in the U.S. illegally for more than a year, he will need a waiver of his unlawful presence in addition to a possible waiver for his crime. If everything goes well, he will enter as a permanent resident,subject to the two year rule described above.

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Can Someone Divorce their Wife & Marry Another Woman while I-130 is in Process?

The answer depends on the status on which you entered the U.S. If you entered on a Colorado K-1 Visa, then you cannot adjust status based on any marriage other than the marriage on which you entered. If you entered in another status, then you may be able to divorce your current wife, remarry and adjust status based on the second marriage.

Be aware, however, that to obtain permanent residence based on the second marraige, you will have to demonstrate that both of the marriages were bona fide marriages entered into for legitimate reasons. This means that you will have to have objective evidence for both marriages that you intended to live together as a married couple. If you cannot prove this, then the judge may deny adjustment of status.

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Master and Individual Hearing for Immigration cases

For those of you wondering how long after the master hearing does the judge usually set the individual hearing for regarding immigration cases-               That depends on the jurisdiction and the judge to which your case is assigned. It also depends on whether you are detained or on the non-detained docket. For Colorado Citizenship, we have four judges on the non-detained docket. Average time between the Master and the Individual hearing is approximately 1-3 years.

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Bypassing FBI/CBI to Change Middle Name to Husband's Name Based on Marriage Certificate

You can change your name during the citizenship application process. But to legally change it independent of the citizenship process, you have to go through the court.

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Different expiration dates on DS and in Passport.

In this post, I will explain What happens if your passport expires in Dec 2011 but your DS was only valid until March 2011. I will also address the topic of re-entry after overstaying a visit to the US.

As I understand your facts, your visa is valid until December 2011, but your DS form was only valid until March 2011. If that is the case, your J-1 (Training and Exchange Visa) program ended March of 2011 and you would have had an additional 60 day grace period to remain after the termination of your J-2 program. However, if the DS form is no longer valid because the program ended in March of 2011, you cannot use the J-1 visa to enter the U.S. You will need to get a new visa to enter the U.S. The fact that you overstayed the prior J-1 visa may make it more difficult to obtain a new visa.

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US Resident by Joining Navy wants to marry an Illegal Alien

The woman considered an illegal alien came here in 2001 with her mother and wants to marry a young man who became a US citizen through joining the navy. The couple wants to marry without having her return to her country.

My advice to this young man seeking legal advice was:
Once you are married, you can file for your spouse. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, however, there will be a wait of several years because there is a backlog in the category for spouses of a permanent resident. As a member of the military, however, you qualify for expedited citizenship.

If you obtain citizenship, there is no limit to the number of visas available to spouses of U.S. citizens so your wife would not be subject to a backlog and could immigrate immediately.

The next issue is whether she entered legally or illegally. If she entered legally, and you get married and you obtain citizenship, she can remain in the United States and apply for permanent residence on the basis of the marriage. She must demonstrate that she entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. She files a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, she is entitled to work authorization and travel permission. If the case is approved, she will be issued a permanent resident card. Then, as the spouse of someone in the military, she can immediately file for permanent residence.

If she entered illlegally, then there is a process by which spouses of military members can apply for "parole in place" This process takes the individual from being undocumented to documented in the United States. If approved, she would be issued an I-94 card that is evidence of lawful status in the U.S. With that status, she would then be able to file for adjustment as explained above. Parole in place is discretionary, so she would need to review her immigration and criminal history with a colorado immigration attorney to assess her chances of obtaining parole in place. We have been successful in getting parole in place in many similar military cases.

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Are PhD Students Granted Residency Following Graduation?

The answer is yes, but not without difficulty. Foreign Medical Graduates are usually here in J-1 status and as a foreign medical graduate you will be subject to a two year foreign residency requirement before you can work in the U.S. in H-1B professional status and before you can seek permanent residency. There are waivers of the two year foreign residency requirement and those waivers require you to work for an interested government agency, or work in an underserved area in a primary care capacity or to seek a hardship waiver. The waivers can be difficult to obtain, but they are granted.

If you get the waiver, you can then proceed to H-1b or permanent resident status. You should definitely consult with colorado immigration lawyers who has experience in such matters.

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What Happens when your 1-20 for F1 Visa is Suspended

A client requested information regarding what happens when their 1-20 for F1 Visa is suspended.

The reason they were asking was because there was a mix up at this person's school, which caused their 1-20 to be wrongfully suspended. After this happened, they were contacted by an ICE agent who informed them that they needed to fix it or leave the country ASAP. The client was inquiring about whether there would be an outstanding warrant for their arrest.

The truth is that there probably is not a warrant. If there was, the ICE agent  would have taken you into custody. However, you are clearly on the radar screen and need to do what you can to fix your status. It is possible that you may be able to "reinstate" your student status. You do this by obtaining a new and valid I-20 from the school and filing form I-539 application for reinstatement to student status.

If the school was at fault for the failure to maintain status, the school might be willing to assist you with the reinstatement process. Otherwise, you will want to consult with an immigration lawyer in Denver Colorado.

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Applying for a license after Visa Approval

Being familiar with Colorado Immigration Law, I am often asked about when a legal immigrant is able to apply for a license. In Colorado, the law requires  that you have proof of "lawful status" before obtaining a driver's license. If your case was adminstratively closed because you have a pending I-485 application for permanent residency, you can file for work authorization and once it is approved, you can obtain a social security card. With the work authorization and social security card, you will be eligible for a drivers license.

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When a Person Wants Out of a Green Card Marriage

Marriage fraud is a crime that is punishable by up to 5 years in federal prison and $250,000 in fines. You are wise to get out of this as quickly as possible. However, you will need the assistance of at least three attorneys to make sure that you minimize any liability that may have already attached based on your actions. You will need a divorce attorney to assist you with the divorce and to make sure that no admissions are made in the divorce proceeding that could be used against you in a criminal court. You will need a criminal attorney to advise you regarding the criminal implications of past conduct and to minimize criminal liability. Finally, you will need an immigration lawyer in Denver, to help you withdraw the pending petition.

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When Legal Immigrants are Convicted of Crimes

When asked if a legal immigration would be subjected to deportation after being investigated upon imprisonment. I answered that Without more information and specifics about the crimes of which he is convicted, I could not tell whether he would qualify for a bond or whether he would be subject to mandatory detention.

I would also need more information to advise a person to whether the man in question qualifies to fight his deportation. Generally, if he is a lawful permanent resident and this is the first time he had been placed in removal proceedings he would maybe qualify for cancellation of removal, but he has to have been in the U.S. for 7 years after a lawful admission, must have been a permanent resident for 5 years and must not have an aggravated felony on his record.

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Applying H1B by new employer while L1B extension is in progress by current employer

You have two options. You can premium process the L-1B and get the approval of the L-1B with extension of status and then file for a change of status to H-1B or you can leave the U.S., file the H-1B through premium processing and consular process and obtain a new H-1B from abroad. You will need to withdraw the L-1B once you leave the U.S.

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Green Card Without Sponsoring

In case you were wonderinf if you could attain a GC without having a company (or family) sponsoring it?

The main ways to obtain permanent residence are through a family petition, an employer petition. There are other ways, however. One way is called cancellation of removal which requires that you demonstrate 10 years of continuous physical presence in the U.S., good moral character during that time, no disqualifying crimes and exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent or child. Unfortunately, you can only seek this type of residency if you are in removal proceedings and seeking it as a defense to removal. Another way of obtaining residency is if you have been the victim of domestic violence at the hands of a U.S. citizen or permanent resident spouse. Finally, there are residency options if you fear going back to your home country based on a chance of persecution because of your race, religion, nationality, political opinions or membership in a social group. There is a means of obtaining residency based on length of time in the U.S. alone. It is called "registry" However, you must demonstrate continuous residence in the U.S. since 1972.

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When Immigration Investigates Your Living Situation to Ensure you are Married

It is your burden to demonstrate that the marriage upon which you seek permanent residence was bona fide at its inception. You must do this by objective evidence of the marriage. If the marriage was, indeed, not a real marriage, then the government could allege that you have engaged in marriage fraud and you could be prosecuted for that.

If that is the case, you need to consult with both a Colorado immigration attorney and a criminal attorney. If the marriage was a real marriage at its inception, then the government could deny the case and initiate removal proceedings against you at which time you may seek to renew your application for residency based on the marriage before an immigration judge.

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Looking to Change Status from H1B to F1

To change status from H-1B to F-1, you need to be enrolled in a school that has the capacity to issue F-1 visas. The school will need to issue you an I-20 form and enroll you in the SEVIS system. Then, once you have the I-20, you will need to file for a change of status from H-1B to F-1 with USCIS. Currently, change of status applications are taking about 3.5 months. If, after your education, you would like to change back to H-1B status, you can do so, but anytime previously spent in H-1B status will be calculated against the maximum period of 6 years in total H-1B status. The exception to this is if you leave the U.S. for a full year in which case you can obtain a new 6 year period of H-1B status.

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