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 However, if the DS form is no longer valid because the program ended in March of 2011, you cannot use the J-1 visa to enter the U.S. You will need to get a new visa to enter the U.S. The fact that you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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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.

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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.

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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.

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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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.

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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:

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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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.

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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.

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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.

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