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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