IMMIGRATION LAW PRACTICE                              
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Question & Answer* (Answer is on top of the Question)
Showing: 41-50 of 54
Attorney said:   September 13, 2008 4:20 pm PST
Christian, Adoption for immigration purposes must be finalized by the time then the adopted child turns 16 years of age. Each country has its own adoption organization responsible for this matter. Therefore, you need to make contact with the relevant agency or administration in the home country of the child. The adopted child must be an orphan in the legal sense. You at least should have an attorney to represent you to petition for the immigrant visa for the adopted child when the adoption is finalized. If the adoption occurs after the adopted child turns 16, then generally the adopted child is not eligible, but there are circumstances that the child may be eligible.

christian brinkerhoff said:   September 7, 2008 7:36 am PST
my wife and i would like to adopt her niece from the philippines, im a citizen my wife is a legal resident and we have been married 7 years. do i need an attorney for this, what is involved in this process/

Attorney said:   August 30, 2008 12:18 pm PST
There is only one unlikely scenario where you can leave now and retain the priority date of your labor certification. That is your current employer must still keep sponsoring your petition with the understanding that you will come back to work for them and there should be a position available for you. If this is not the case, then you should wait till your I-140 is approved and then leave for another company. Then you will retain the priority date of your first I-140.

Ravi said:   August 29, 2008 3:17 pm PST
I am currently on a H-1B visa and have filed labor certification. Can I change my job before it is approved and still retain the priority date of my labor certification when one day I adjust status in the U.S.?

Attorney said:   August 29, 2008 4:45 am PST
You want to time your marriage prior to the date when your adjustment of status application is approved. Failure to do so will subject you to unwanted separation for years. Remember, except for some expired exceptions, there is no immediately available non-immigrant visa available for spouses of green card holders. It does not matter whether your fiance is present or not in the U.S. You must marry her in China or in US before your adjustment of status is approved. She can follow to join after you I-485 is approved or file her own I-485 while your I-485 is pending. In order to bring her over before your I-485 is approved, you must maintain certain non-immigrant status so that she can apply for non-immigrant spouse status to enter U.S.

Shang Yin said:   August 29, 2008 4:20 am PST
I have filed I-140 immigration petition and I have a pending I-485 adjustment of status application. My fiance is in China. What is the best procedure for me to get married and bring my fiance over to join me?

Attorney said:   August 28, 2008 7:28 pm PST
This is one of the grey areas of immigration law. However, nothing prevents you from being a shareholder, or an owner, in any public traded U.S. corporation. For some non-immigrant visa holders, you already become owners of some of these corporations by buying stocks online. The same logic applies to private companies. Anyone can become owners of their own company incorporated in any jurisdictions of the United States. Nevertheless, as an owner, you can not be employed by the company you own without satisfying immigration laws. You can not work for your own company for salaries as an employee without proper legal status to do so. Even though you can not receive salaries as an employee, you are entitled to receiving dividends as a shareholder. Recent regulation allows full-time self-employment for students on post-completion OPT status.

Sophia said:   August 28, 2008 7:23 pm PST
Can I have my own business while being on a non-immigrant visa?

Attorney said:   June 24, 2008 5:47 pm PST
As a United States citizen, you can apply for a green card for your spouse at any time. He does not have to leave the country while the case is pending. The procedure is a little different if your spouse is in a deportation proceeding. But the regular process is that you petition him to get a green card. The green card is conditional initially and the condition must be petitioned to be removed by the end of the second year as of conditional green card approval. Please see my answer on March 24, 2008.

Sugey Diaz said:   June 24, 2008 5:16 pm PST
I'm a US citizen. I married a non resident I been married for 2years can I apply for a green card for him? Does he need to leave the country while the case is in process?

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*Posting by Attorney is for information purpose only and can not be relied upon as legal advice without proper establishment of client-attorney relationship. Users rely on information contained herein on their own risks
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