Search results

  1. J

    Sponsered Wife Cheating

    You could send a letter to USCIS explaining the situation and providing any documentation. If she committed fraud, they (not you) could revoke her Green Card if THEY choose to do so. All you can do is provide the facts if you wish.
  2. J

    Urgent help .

    The domestic violence conviction (yes, this is probably considered a conviction under immigration law) could render him deportable. I would need to look at the court records to be more precise so he should speak to an immigration lawyer who is familiar with the immigration consequences of crimes.
  3. J

    i-130 help

    You need to speak to an attorney about how to move your husband's naturalization forward. It may require having the case transferred to Federal District Court.
  4. J

    Remarried. Do I need to redo my I-485?

    Since you initially said that it was "the person who does my papers on my behalf" and you always used the term "attorney" (in quotation marks) I assume that the person was not really a licensed attorney. Immigration is frequently not as easy as many people seem to think. Licensed attorneys...
  5. J

    Permanent Resident now.. VIOLATION cited today..

    If this is your ONLY arrest - EVER, you probably will be ok. Fraud normally is a Crime Involving Moral Turpitude (without reviewing the arrest record and charges, I can't say if it is in your case_ but there is exception for "petty crimes" as long as there is only one. Yes, if you are...
  6. J

    Banned to enter US

    There is is a non-immigrant waiver but there is no immigrant waiver for a false claim to US Citizenship. The non-immigrant waiver is discretionary. See http://uscis.gov/lpbin/lpext.dll/inserts/afm_redacted/afm-95-redacted-15274/afm-95-redacted-28061?f=templates&fn=document-frame.htm...
  7. J

    H1B question from small business owner

    Ability to pay is not technically a requirement for an H-1B visa. HOWEVER, the service frequently requests proof that the job offer is bona fide and without an ability to pay the wage offered it is impossible to truely offer someone a job. There is no minimum but it is subject to analysis and...
  8. J

    Re-entering US on GC?

    Lawful Permanent Residents can, in many cases, be considered "Arriving Aliens". I.N.A. Section 101(a)(13)(C) provides" An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the...
  9. J

    E2 applied but (weird???)

    Sounds as if you applied a couple of days late for a change of status. Your status had expired and therefore there was no status to change. You need to leave the US to resume lawful status. USCIS could have granted the change of status as a matter of discretion but it appears they decided not...
  10. J

    ALERT!!! The House passes a dangerous Anti legal immigration bill

    It also makes being out of status, even for one day, a crime. It criminalizes any attempt to help anyone who is out of status and provides for a MANDATORY sentence of 3 years in federal prison (maximum sentence is 20 years) for anyone who, for profit, assists more than 2 aliens who are out of...
  11. J

    please advise

    It's not as easy as either of you appear to believe. The State Department as indicated that it thinks that adultry does involve moral turpitude. See Foriegn Affairs Manual Sec. 40.21(a) N. 2.3-3(a). Courts have been all over the place in determining this matter. For cases stating...
  12. J

    H1 quota any work arounds?

    Find a job with an exempt organization. Institutions of Higher Education and affilitated non-profit organizations are exempt from the cap.
  13. J

    deportation story

    You will need to become a citizen before your can even file an I-130 for your Mother. Typically, judges do NOT continue cases for you to get citizenship. If there is no benefit available at the time of the Master Calendar Hearing, the judge will order removal. What are the grounds of...
  14. J

    Exam or Degree

    VEry few states allow that. The process, in most states, to becoming an immigration lawyer for someone with a High School diploma is: 1. Get accepted at a college 2. Graduate from college with a Bachelor's Degree (any discipline will work) 3. At some point, take the Law School Admission...
  15. J

    Retiring judge SCAM!

    I absolutely promise you that this is entirely incorrect! There is no way this is happening. If an Immigration Judge (or any other judge for that matter) was deciding cases this way, USCIS would be appealing every one of them and refusing to issue the green cards. If any green cards were...
  16. J

    I 140 Denied, now what ??

    Ability to pay must be shown from establishment of Priority Date. See 8 C.F.R. 204.5(g)(2) which states "Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability...
  17. J

    Name check!! What is the time frame? Going nuts

    Name checking is done by intelligence agencies, primarily the CIA. I have seen name checks take a couple months, and I have seen them take a couple years. If there is a hit on the name check, the agency needs to clear it and that can take a long time.
  18. J

    Officers and LC

    I don't see how. The EB-1 is for MULTINATIONAL Executives and Managers. The employment oversees would need to have been with the same employer, a subsidiary or an affiliate. The problem with the LC may be convincing DOL that there really is a position available to a US worker, particularly...
  19. J

    H1B for teachers

    You can apply for anything you like. To be granted an H-1B, the position would need to require at least a bachelor's degree as a minimum requirement. Bona fides of the job offer and business, your qualifications, the position requirements . . . there is a laundry list of considerations...
  20. J

    Education not equal to US bachelor degree.

    Unless you can get an evaluation stating that your education (or your combination of education and experience) is the equivalent of a US Bachelor's degree, your chances are virtually zero. Without the equivalent of a US bachelor's degree you are not qualified to get an H-1B visa.
Top