Visa Waiver (VWP) Overstay

Hello, I came from France and I overstay my waiver visa. Now I want to file a (I-601 and I-212) without leaving the country is that possible? I still have 2 more years to go before I become a chemical engineer

Visa Waiver entrants are barred from changing their status or applying for residency (green card) in the US unless their green card sponsor is an immediate relative such as a spouse AND they apply while their I-94W is still valid (with some exceptions). We’ll need to review your specific case in further details before we can help you.

H1B Husband Doesn’t Want H4 Wife to Take Kids to India

I am H1B working fulltime for one IT company. I have two kids One Daughter (7th Grade) and Son(Kindergarden).My wife wants to go back to india along with kids for which I am not interested due to career growth of my elder child. my question, Can I stop legally my kids go back to india. I am not bothered about my wife. Let her go toinida.

This isn’t really an immigration issue, it is more of a family law issue. In order to prevent your wife from taking the kids to India, assuming you are located in Illinois, you’ll need to petition the Circuit Court for custody of the children. Then you will have authority over where they will reside.

PERM Application Where Applicant’s Experience Was Obtained From Sponsoring Employer

I am currently working with an employer in the US on H1b. I have been working in datawarehousing field for the past almost 5 years. Prior to the US, I had 4 years, 5 months experience in the same field before moving to the US.

Now, for EB2 category, I am waiting for my 5 years completion time. Once that is done, I want to apply for a green card with my employer. I wanted to know one thing though, will my experience with my current employer in the US be considered or not? Since the experience has been in Datawarehousing throughout these years, it shouldn’t be a problem, right?

I have heard though, that the current employer experience is not considered. Is that true?

Apart from that, I would require the details and fee involved in the whole process and time frame for EB2.

Experience gained from the sponsoring employer cannot be used unless the job was not substantially comparable to the job offer. Therefore, it is possible to use the experience as we have successfully dealt with this issue before. Current PERM processing times are about two months and EB-2 processing is about 3-5 months.

Waiving the Meeting Requirement for an K1 Visa Application

I am trying to secure a fiancee visa. The problem I have is that I can not obtain a passport due to owing child support. The question I have is there any other way I can get her here without traveling to her country? She lives in Uzbekistan. Is there another type of visa we can get so that she may travel here.

The law allows USCIS to waive the meeting requirement where there is extreme hardship or a long established custom. To put this in perspective, in 2003 the USCIS Office of Administrative Appeals (AAO) ruled that there was no extreme hardship in a case where the US sponsor refused to meet his fiance during the Afghanistan war because they could have met in a third country.  I don’t think your failure to pay child support would make you eligible for a waiver.

F1 Visa Stamping After a Successful Change of Status

I came into the US with a visitors visa and my school managed to get me into F-1 status. I would like to see how i can get an F1 visa stamp in my passport so i may travel back home. Id like to find out what my options are.

The only way to obtain a visa stamp in your passport is to apply for stamping at a US Embassy outside of the US. While you can obtain a new visa status in the US, you cannot obtain the visa stamp without leaving the country. The US Embassies prefer that you apply for the visa stamp in your home country. This means that you generally have a greater chance of success there. However, since it is cheaper and faster to travel to Canada or Mexico, many people choose to apply there. Embassies in Canada and Mexico will only accept certain applicants so we will need to make sure that you are eligible before you leave the country.

E1 Visa Denied in Taiwan

My E1 visa got denied at the US Consulate in Taiwan. I work at a food import company as a manager. The officer asked me what my daily job is when I was getting the interview, I forgot to explain to her that I am the one in charge the company while my boss leaves the country. (he has to leave for visiting suppliers overseas every 2-3 months.) I believe it is the reason why the officer think I dont actually work at a manager posotion,then the officer rejected my E1 Visa.  Should I  re-apply?   What kind of documents can help me to prove I really work as a manager position?

You can either reapply for the E1 visa in Taiwan (AIT) with stronger supporting documentation or we can petition the US Department of State and ask them to review the denial and instruct AIT to issue the E1 visa. We have taken both paths in previous cases and have had success in each. We’ll have to review your case in more detail to determine your best course of action.

Cancellation of Removal Proceedings

Im facing removal proceedings, Im out of status, have lived in the USA for more than 10 years, previous to that I came during my school years where I completed all my primary and high school education. I have two kids (twins) us citizens (under 21) with congenital deformities and minor developmental delay.

I do have one offense in my background, but I was reading that with one offense with less than a one year sentenced theres a petty offense exception that can be use.

Please let me know if by applying this petty offense exception theres a possibility my removal proceeding could be cancel.  Thank you, Im desperately looking for positive information.

Cancellation of removal requires that you have good moral character and have not been convicted of crimes codified in INA §212(a)(2), §237(a)(2), or §237(a)(3). These statutes contain a laundry list of crimes for which there are some exceptions. We will need to know where the crime occurred, what you were convicted of and when this occurred to see if you are eligible.

Setting Up a J1 Program

How can an entity apply to become a J1 program sponsor?

Exchange Visitor Program sponsors are comprised of US government, academic, research, and private sector organizations designated as Exchange Visitor Program sponsors by the State Department’s Office of Private Sector Exchange in the Bureau of Educational and Cultural Affairs. Any person or organization that has previous experience in the field of international exchanges and meets certain financial requirements can become a J1 program sponsor