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Roseville Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Roseville Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Roseville Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Goodman Immigration Law Firm

  • 1000 Sunrise Ave., Ste. 9B-233, Roseville, CA 95661

Palafox Immigration Law Firm

  • 901 Sunrise Ave., Ste. A-19, Roseville, CA 95661

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Looking for Immigration Lawyers in Roseville?

Immigration lawyers help individuals, families, and businesses navigate the complex laws governing entry and residence in the United States. They handle matters such as visas, green cards, citizenship applications, asylum claims, and deportation defense. Their expertise is crucial for overcoming bureaucratic hurdles and achieving immigration goals successfully.

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

On marriage to same sex non-citizen, can we marry now and apply for permanent visa at a later time?

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Answered by attorney Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)
Immigration lawyer at Havens Lichtenberg PLLC
As you understand, the ramifications of the U.S. Supreme Court's decision in * U.S. v. Windsor* for immigration law practice are not clear yet: they have not been tested even administratively, in USCIS adjudications. It will take hundreds of cases litigated in the courts before the law could be considered settled. The opposition to the decision is tremendous, and will likely prompt the Congress to pass a law that would curb application of the *Windsor*decision; particularly, it is more likely than not that whatever immigration law reform eventually gets passed will contain provisions excluding same-sex couples from its beneficiaries. So don't think that the fight is over. On the more immediate level, if you get married, your spouse is likely to have trouble coming back to the U.S. on a non-immigrant visa. By law, a non-immigrant visa applicant must prove, to satisfaction of a U.S. consular officer, that the applicant has no intention to stay in the U.S.; a non-immigrant visa holder can be required to prove the same to satisfaction of immigration inspector at the port of entry. If your spouse indicates (as he will have to do) that he is married to a U.S. citizen, it will create a presumption that he intends to stay in the U.S. Considering USCIS position that same-sex marriage does not entitle an alien to stay in the U.S., it is diabolically perverse to deny a non-immigrant entry to such person - but the same can be said about many aspects of immigration law and practice. So, if you marry, and your spouse leaves the U.S. even for a day, he will run a substantial risk of being denied entry back into the U.S.
As you understand, the ramifications of the U.S. Supreme Court's decision in * U.S. v. Windsor* for immigration law practice are not clear yet: they have not been tested even administratively, in USCIS adjudications. It will take hundreds of cases litigated in the courts before the law could be considered settled. The opposition to the decision is tremendous, and will likely prompt the Congress to pass a law that would curb application of the *Windsor*decision; particularly, it is more likely than not that whatever immigration law reform eventually gets passed will contain provisions excluding same-sex couples from its beneficiaries. So don't think that the fight is over. On the more immediate level, if you get married, your spouse is likely to have trouble coming back to the U.S. on a non-immigrant visa. By law, a non-immigrant visa applicant must prove, to satisfaction of a U.S. consular officer, that the applicant has no intention to stay in the U.S.; a non-immigrant visa holder can be required to prove the same to satisfaction of immigration inspector at the port of entry. If your spouse indicates (as he will have to do) that he is married to a U.S. citizen, it will create a presumption that he intends to stay in the U.S. Considering USCIS position that same-sex marriage does not entitle an alien to stay in the U.S., it is diabolically perverse to deny a non-immigrant entry to such person - but the same can be said about many aspects of immigration law and practice. So, if you marry, and your spouse leaves the U.S. even for a day, he will run a substantial risk of being denied entry back into the U.S.
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If we file the I-130/I-485 together before my wife's student visa expires, can she stay in the country after expiration?

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Answered by attorney Eric Arden Fisher (Unclaimed Profile)
Immigration lawyer at The Law Office of Eric A. Fisher, LLC
There should not be a problem if your wife overstays her student visa while her adjustment application is pending. If she needs to leave the US, she should apply for advance parole.
There should not be a problem if your wife overstays her student visa while her adjustment application is pending. If she needs to leave the US, she should apply for advance parole.
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If my wife is a United States resident, how can I sponsor her green card?

Christine Victoria Troy
Answered by attorney Christine Victoria Troy (Unclaimed Profile)
Immigration lawyer at The Law Office of Christine Troy
If you are a USC you can file for your wife even if she overstays in the US. A B-2 overstay provides different rights than a VWP overstay. She can also leave the US on time and you can file for her via the consular processing option. There are risks with the first that are not present in the second. Please schedule an appointment with a competent immigration attorney to fully have your case analyzed, as there may be factors present which would make your spouse ineligible to file in the US.
If you are a USC you can file for your wife even if she overstays in the US. A B-2 overstay provides different rights than a VWP overstay. She can also leave the US on time and you can file for her via the consular processing option. There are risks with the first that are not present in the second. Please schedule an appointment with a competent immigration attorney to fully have your case analyzed, as there may be factors present which would make your spouse ineligible to file in the US.
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