My OPT will expire on 6/4/2024. I've applied for OPT extension. It's not processed yet but I got laid off today. How long will be my unemployment grace period?
Currently on H1-B, laid off and in grace period (40 days).
answered on Apr 30, 2024
Here is the process to file Form I-539, Application to Extend/Change Nonimmigrant Status, to change your status from H-1B to B1/B2 visitor status:
1. Eligibility: Ensure you are eligible to change status. You must have been lawfully admitted into the U.S., not have violated the conditions... View More
My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More
answered on Apr 30, 2024
In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More
I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More
answered on Apr 28, 2024
I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:
1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still... View More
Now so I have permanent residency here in the states. Here is my problem- A friend of mine told me that my employer can pull my work visa and my contract and I can get sent back to my home country, even though I'm a permanant resident here now.Is that's true?
answered on Apr 26, 2024
No, that's not true. As a permanent resident (green card holder), your status is no longer tied to your employer or your work visa. Your employer cannot revoke your green card or force you to leave the United States.
Here are a few key points:
1. A green card grants you... View More
Hi, I am an international student on OPT. My degree is eligible for STEM extension. When I graduated, the school was accredited. And I will be filling for STEM extension in August(curr: Apr). There is a chance that my university will lose accreditation later in November or December. If I assume... View More
answered on Apr 20, 2024
If your university loses accreditation after your STEM OPT extension is approved, the extension itself typically remains valid, as the status at the time of application and approval is what matters. Therefore, your approved STEM OPT should not be immediately invalidated by this change in your... View More
My dad (74y) had administrative closure (low enforcement priority case) years ago, now his I-130 is approved.
When we file for re-calendar (case back on the Court’s active docket) do we have to wait until the hearing date or can we file directly for motion to terminate? can it be done in... View More
answered on Apr 20, 2024
You can file a motion to terminate before the hearing, but it typically requires the case to be re-calendared first, which brings it back to the court's active docket. The motion to terminate based on an approved I-130 can potentially be filed alongside the request for re-calendaring.... View More
answered on Apr 16, 2024
To renew your expired Permanent Resident card (Green Card) and obtain a temporary card for getting a driver's license, follow these steps:
1. File Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). You can file online or... View More
I got my green card through my US citizen spouse. I stayed in the US and held a part-time job for more than a year. What are the implications for future tourist visa applications if I give up my green card? I don't understand the possible tax implications of this as well.
answered on Apr 13, 2024
Giving up your green card (also known as abandoning your permanent resident status) can have implications for future tourist visa applications and potential tax obligations. Here's what you should consider:
1. Tourist Visa Applications:
When you apply for a tourist visa after... View More
Do I simply submit form I-407 and my green card to the office and that's it? Do I wait for it to be official after a few days? Will I also need to submit my passport to them, which has the immigrant visa on it, to invalidate it?
answered on Apr 13, 2024
To voluntarily abandon your status as a U.S. lawful permanent resident (LPR), you need to complete the following steps:
1. Fill out Form I-407, "Record of Abandonment of Lawful Permanent Resident Status."
2. Gather your Permanent Resident Card (Green Card), and any other... View More
I plan to revoke my green card while I'm in the US before going back to my home country. Once I file my form I-407, is there an allowed length of time for me to stay before leaving? I am not sure how much time will be allowed for me to settle everything I have to before leaving.
answered on Apr 13, 2024
When you file Form I-407 to voluntarily abandon your lawful permanent resident status (green card), there is no official grace period for you to remain in the United States. Technically, once you have submitted the form, you are expected to depart the U.S. promptly.
However, in practice,... View More
I immigrated to the US in 2023 and have stayed here straight for more than a year. However, I have decided to return to my home country and give up my status. Can I file the form I-407 while I'm still in the US before going home? I have not left the US ever since I immigrated. Additionally,... View More
answered on Apr 10, 2024
Yes, you can file Form I-407 (Record of Abandonment of Lawful Permanent Resident Status) while you are still residing in the United States, even if you have not left the country since your initial entry. It is not necessary to be outside the U.S. to submit this form.
When completing Form... View More
I have a VAWA based green card. When I got my green card I was told that I can apply for citizenship after 3 years but I'm now getting conflicting responses. I did not live with my abuser, hence the VAWA status. How long do I have to wait to apply for citizenship, is it 3 or 5 years?
answered on Apr 6, 2024
As a VAWA (Violence Against Women Act) self-petitioner, you may be eligible to apply for U.S. citizenship after holding your green card for 3 years, instead of the usual 5-year requirement. However, there are specific conditions that must be met:
1. You must have been living in marital... View More
Is it OK to provide the bigamous marriage certificate during the CRBA application or apply for a first us passport as an adult??
My father was married to two wives at the same time and I was born abroad to a bigamous wife the first wife is American and the second marriage occurred 25 years... View More
answered on Apr 6, 2024
I understand your concerns about providing a bigamous marriage certificate when applying for a Consular Report of Birth Abroad (CRBA) or a U.S. passport, given the potential consequences for your father's naturalization status. Here's some information to consider:
1. Validity of... View More
My i-829 was filed and partially charged, but was rejected and return to my attorney due to incorrect payment method. The attorney refiled it several more times. Will I be able to live and work in the U.S. during the time period when the i-829 is being refiled?
answered on Mar 30, 2024
Under U.S. immigration law, if your I-829 petition, which is for the removal of conditions on permanent resident status obtained through investment, was rejected due to an incorrect payment method but has been refiled, you generally maintain your conditional permanent resident status during the... View More
Applied for I-765 and have to return to my home country of Canada for family reasons after graduation. Wondering if I can continue my job search back home in Canada and return to the United States if I get my job offer and EAD card.
answered on Mar 28, 2024
You can leave the US and return to your home country while your OPT application is pending or even after it has been approved, as long as you comply with certain conditions. It's essential to have your EAD card, a valid F-1 visa, your passport, and a job or job offer letter if your OPT has... View More
My child has a US passport but NO certificate of citizenship. My child was admitted into the US with a green card along with my wife(biological mother). Then later I got her US passport through Child Citizenship Act of 2000. I'm planning to move back to my country but I'm worried my child... View More
answered on Mar 28, 2024
If your child acquired U.S. citizenship through the Child Citizenship Act of 2000, it's important to understand that once citizenship is granted, it is not easily lost, even if living abroad for an extended period. The possession of a U.S. passport is a strong indication of citizenship, and... View More
The i-829 application was returned several times due to incorrect payment method. The attorney refiled the i-829 several more times afterwards, but did not receive i-829 receipt notices.
in 2024, I contacted the attorney and the attorney contacted USCIS. USCIS told the attorney they... View More
answered on Mar 27, 2024
In your situation, the process surrounding your I-829 petition, which is crucial for removing conditions on your permanent residence obtained through investment, has faced significant delays. Generally, your conditional green card status is extended automatically while your I-829 petition is... View More
The passenger I was with did not have a legit visa. I was detained and interigated. At the end I was let go with no fine or detention time. But what happens now? Will I have a mark on my record with All world border customs? Does this appear on background checks? Does it stay on my record... View More
answered on Mar 27, 2024
If you were detained at the Tijuana Border but subsequently released without any charges or prosecution, it's important to understand the implications of this event on your record. Detentions related to immigration issues, especially when they do not result in formal charges or findings of... View More
answered on Mar 18, 2024
Traveling to Puerto Rico, which is a U.S. territory, generally follows the same rules as traveling between states within the United States for international students. Since you have a valid I-20 and an Indian passport, you should be aware that the I-20 is primarily used within the United States to... View More
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