Century, FL Immigration Law Firms & Lawyers

Yes.  H1B visas are dual-status.  That is, they can be treated as immigrant or as non-immigrant visas.  In this case, because you are in F1 status, the H1B application will be treated as a non-immigrant visa change of status application.  You would not risk losing your student status just for applying.  Of course, once the change of status application is approved and your H1B employment begins, you would in fact lose your F1 status and switch to H1B status, but that is the point of the application.

You have to prove good moral character for the 5 years (3 years if married and living with U.S. Citizen) preceding the date you file your N-400 Application. A conviction of a crime involving good moral character, such as larceny, would mean that you have to wait 5 years from the date of the conviction. Whether you were wrongly accused does not matter, what matter is whether you were found guilty. Also, please be aware that many criminal convictions can result in your being deported or removed from the U.S. By filing for Naturalization you would be telling the USCIS of your conviction. Therefore, you should speak to an immigration attorney regarding your situation before you file. Additionally, you should speak to them even if you decide not to file since you could have a problem re-entering the U.S. if you leave because of your conviction.

If you are a U. S. citizen, and are thinking to apply for your intended’s permanent residence, the fact of the overstay will not prevent her from obtaining her permanent residence. As the spouse of a U. S. citizen, she would fall within the class of immediate relatives who are allowed to adjust status even if overstayed. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.