Cancellation of Removal Proceedings

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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

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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

EB1A and EB1B Concurrent Filings

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I’m a researcher currently working in Virginia University.  I have numerous publications and hundreds of citations.  I believe that I’m qualified for EB1-EA.  My boss is also agree to sponsor me through EB1-OR. Can I file both EB1-EA and EB1-OR at the same time?

Yes. Many of our clients opt for filing both petitions simultaneously. Often, one petition will be approved earlier than the other. Moreover, each application may be routed to a different adjudicating officer and if one officer incorrectly denies the first application, the other officer may approve the second application.

Green Card Holder Sponsors Wife’s Adjustment of Status but Dies Before Approval

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My husband was a green card holder filed AOS based on 245(i) for me on April of 2001.  My husband died recently; I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad.

I was told that my AOS application was “dead” since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower.

Is this the correct route to follow?

No, widow self-petitions are only available for spouses of U.S. Citizens. However, you may be eligible for humanitarian reinstatement of the I-130 which would allow you to continue to pursue the I-485. Please contact our office for further details.

Marriage Green Card for Foreign National Working for US Firm Abroad

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I am an american citizen,I am getting married to a Mexican woman on may 2011. My question is: she works for an American company down in Mexico. after we get married in may she is coming to the US with a work visa, would we have any problems if we put the application for a green card while she is working with a work visa?

There may be some issues with immigrant/nonimmigrant intent depending on the type of work visa she will obtain (TN v H1B or other) but we can help the both of you resolve this issue and any others that may arise.

Six Month Waiting Period Before Fiance Can Remarry

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I had a question about getting a fiance visa. I recently got divorced from my exwife. My ex and I have been separated for quite some, but for financial reasons we just finalized the divorce on August 31st. I live in the state of Oklahoma. I did not realize that in this state there is a six month waiting period after the divorce is granted that they do not allow you to marry someone else. Will this stop me from filing for a finace visa until the six month period is up, since she would not even be here for me to marry until after the six month period was complete or can I go ahead and file it?  My fiance lives in Thailand and yes we have met.

You must be “free to marry” at the time you file the petition so in your case, you will need to wait until the six months are up.

PERM Based EB-2

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I hold MS Finance from USA and have 2 years of work experience from Bangladesh. I am a Bangladeshi passport holder. I have been employed by “A” company as a Consultant and working in the finance industry. My salary is $60,0000 per year.

Am I eligible to apply for Green Card under EB2 category?

You are eligible for EB-2 processing if your job position requires an advanced degree (MS or BA+5) and you hold an advanced degree or a Bachelor’s degree with five years of experience.

Change of Status Application Denied; How Long to Leave the Country

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I was an Au Pair, so I came to US with a J1 Visa. After two years I decided to change my status.

I wanted to get the F1 Visa, but it was denied. They sent me a letter saying that I have 30 days to leave the country, but I’ve asked to a lawyer and he said I actually have 180 days to leave without violating the law. I am very confused and I need an ansewr soon.

The notice from immigration properly states how long you may legally remain in the US after your change of status application is denied. Any time spent in the US after that point is illegal and will have a negative impact on any future visa applications made at an Embassy abroad. The 180 day figure provided by another lawyer likely refers to the 3/10 year bar. Any foreign national who accrues 180 days of unlawful presence in the US is barred from re-entering the country, after leaving, for 3 years unless they can obtain a waiver of inadmissibility.

I-485 Denied Due to Missed Biometrics Appointment

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we were denied status adjustment and legal residence and travel (my wife) and they have told her she has 30 days to leave the country. we filed all paperwork and they said they sent us letters asking for additional information which we never got the first one. We then got a second letter we went into the office and spoke to them about the letter that we were told they sent and they said they had no such record of any letter being sent. Not to worry it was probably just the biometrics date. We now have received a letter stating denial and don’t know what to do. Please tell me how much it would be to file motions or appeals to reverse the decision on this. we have all documents needed and can provide any additional info required wanted needed or whatever. 

Assuming that you provided USCIS with your correct address and/or properly updated your address with USCIS, we can file a motion to reopen and get your filing back on track. Otherwise, you may have to refile your applications. It is very important to take care of this as soon as possible as there is typically a 30 day filing deadline for a motion to reopen and if you need to refile, it should be done before removal (deportation) proceedings are initiated.

Physician J1 Waiver Job While Applicant is Outside of the US

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I am a physician intraining Board certified from the US.

I will be finishing my training in New York city, and will be living in Canada for family reasons.

My 2 years home residency are in my country of last permanent residency which is Lebanon and not Canada.

Can I apply for a J1 waiver job through your office despite the fact that my J1 status expired and I didnt fullfill my 2 years home residency? and I am living in Canada and not the USA? or the only way to apply for a J1 waiver is if the J1 visa is still valid and I am still physically present in the USA and still didnt finish my training in the US??

Knowing that I finished my internal medicine training and am already Board certified.

Thank you

You do not need to be present in the US to apply for a J1 waiver. As long as you obtain a full time job offer to work in an underserved (HPSA/MUA) area, we can help you. Once the waiver is approved, you will need to enter on an H1B visa to begin work for the following three years.