Lodi, CA Immigration Law Firms & Lawyers

That would be fraud. Likely, the reason she was stopped she did not have 'non-immigrant intent'. *Fiancee Petition* A Fiance Petition needs to be prepared. This is a petition that will allow your fiance to come to the U.S. in a relatively short period of time. Usually, it takes around 6 to 9 months for the petition to be approved at immigration in the United States. Subsequently, the approval would be sent to the U.S. Consulate or Embassy in your fiance's home country. When your fiance comes to the U.S., you will have ninety days to get married. Our firm can prepare the entire Fiance Petition and make it so it goes smoothly and correctly. You have to have physically seen your Fiance in the last two years.

Your difficulties appear to be multiple – the first being that a B-2 visitor is not supposed to come to the US with the intention of changing status from B-2 to H-1B. Such is considered an abuse of the visa. The second problem is one of timing unless you will be applying for an H-1B specialized occupation job at a cap exempt employer, e.g. institution of higher education. Otherwise the period of time to apply for cap limited visas is the first five business days of April, and that time has already expired. Please also note that if you were to enter the US next year and attempt to change status through applying for an H-1B petition, you would have to maintain a legal status until at least October 1, when persons who have been approved can legally begin to work. The filing does not freeze your legal status because the benefit is not available until the fiscal year begins in October. 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.

An analysis of your situation, including eligibilities and options for both you and your son, requires significantly more information than was supplied in your question. This includes, among other things, a thorough understanding of the reason asserted by the USCIS for denial of the petition your U.S. citizen husband filed for you. There really is no alternative to conferring with an immigration attorney who, after learning all of the relevant information, could advise you about immigration eligibilities, options and strategies.