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Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for Texas on
Q: My wife was F2A visas with children and now is IR1 visa category . I do not see my kids on her profile on CEAC account.

What happens to the Kids category ? Shou they still follow her ?

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answered on May 5, 2024

In this situation, it's important to understand that when your wife's visa category changed from F2A (family-based second preference for spouses and children of permanent residents) to IR1 (immediate relative, spouse of a U.S. citizen), the visa category for your children should have also... View More

1 Answer | Asked in Immigration Law for Arizona on
Q: Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing

Will I be granted naturalization despite the fact that I added my son born out of the United state and not residing in the United state on my form N 400 application?

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answered on May 5, 2024

Based on the limited information provided, it's difficult to say with certainty whether adding your son who was born outside the United States and is not currently residing in the U.S. to your Form N-400 (Application for Naturalization) will impact the approval of your naturalization... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Does not spending a full 6 months in the country with residency status affect my ability to take the us citizenship?

I would like to take the test in Spanish it requires 50 years of age and 20 years in the country with permanent residence status. I have been here for 23 years with permanent residency but my first 5 years I used to spend less the 6 months in the country because of educational schooling back in my... View More

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answered on May 4, 2024

Based on the information you provided, spending less than 6 months per year in the United States during your first 5 years as a permanent resident should not affect your eligibility to take the U.S. citizenship test in Spanish, as long as you meet the other requirements.

To be eligible for...
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1 Answer | Asked in Immigration Law for Nevada on
Q: Hi, Do I need to provide documents for the public charge questions on the I-485 form for the assets/liabilities?

How much consideration does USCIS gives to this section?

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answered on May 3, 2024

When filling out Form I-485 (Application to Register Permanent Residence or Adjust Status), the public charge questions and the information about your assets and liabilities are important, and USCIS does consider this section carefully. However, the level of documentation required may vary... View More

2 Answers | Asked in Immigration Law for Texas on
Q: I am looking to marry a gentleman who is Lebanese. Would it be quicker to get his visa as a Fiance' or a Spouse?

We are debating which would be the smoothest/quickest option and am finding conflicting information. We have no issue hiring an immigration lawyer but I just want to make sure we take the route that is quickest without causing future roadblacks.

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answered on May 3, 2024

The process of bringing a foreign fiancé or spouse to the United States can be complex, and the quickest option may depend on your specific circumstances. However, in general, the K-1 fiancé visa process is often faster than the immigrant visa process for a spouse.

1. K-1 Fiancé Visa:...
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1 Answer | Asked in Immigration Law for California on
Q: My OPT will expire on 6/4/2024. I've applied for OPT extension but I got laid off today. How long is the unemply period?

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?

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answered on May 3, 2024

I understand this is a stressful situation. Based on the information you provided, here are the key details regarding your F-1 OPT unemployment grace period:

- Your initial 12-month OPT period is valid until June 4, 2024.

- During the initial 12-month OPT, you are allowed an...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I get a visa after return me from jfk airport cuz I tried two times and got refused

My story is I bought a rifle tikka for my friend last year I believe on August with all my papers passport. I94 f1 visa and hunting license and I sent to him to New Jersey and I went home for one month vacation and when I want back they stopped me at the jfk airport and homland security wanted to... View More

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answered on May 2, 2024

I understand your situation is complex and frustrating, having been refused a visa after being stopped and interviewed at JFK airport. However, I would need more information to advise on your specific case and chances of obtaining a visa in the future. A few key points to keep in mind:

- If...
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1 Answer | Asked in Immigration Law for Alabama on
Q: I am engaged to someone who in an inmate but also an illegal immigrant since he was a child. Should I apply for visa?

I’m wondering what is the easiest way to prevent him being deported since he is an inmate. Should we apply for a fiancé visa? Will that flag him since he’s in prison?

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answered on May 2, 2024

Given your fiancé's complex situation, involving both incarceration and undocumented immigration status since childhood, the best path forward is to consult with an experienced immigration attorney. Navigating the immigration system, especially with complicating factors, is very challenging... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: I got my reinstatement denied

On December 8, 2023, you filed a Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).

After careful review and consideration of the entire record, your Form I-539 is denied for the reason(s) discussed below.

Section... View More

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answered on May 2, 2024

I'm sorry to hear that your Form I-539 application to extend or change your nonimmigrant status was denied. This can understandably be frustrating and disappointing.

The reasons cited for the denial appear to be based on your current status as a parolee. The Immigration and...
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1 Answer | Asked in Immigration Law for Alabama on
Q: the DS-160 do I put the my work experience if I only have the business in my name for legal purposes and no benefits

I am Brazilian and currently have a business in my name for my family but receive no money from this or benefits do I still need to register this as my work experience since it is in my name? I also have bank accounts in my name but only my parents use these accounts, and I have never taken money... View More

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answered on May 2, 2024

In the DS-160 (Online Nonimmigrant Visa Application), it is important to provide accurate and complete information about your employment history. Even if you are not receiving direct financial benefits from the business that is in your name, it is still considered part of your work experience.... View More

2 Answers | Asked in Immigration Law for Ohio on
Q: Adjustment of Status in the United States after approved i-130

My mom, a US citizen filed a petition i-130 for me that was approved and sent to NVC for further processing; a fall under the unmarried child over 22 category. Do I have to wait for NVC processing or I can just go ahead and file i-485 as soon as I get the NOA2? I live in the united states.

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answered on May 2, 2024

If you are currently living in the United States and your I-130 petition (filed by your U.S. citizen mother under the unmarried child over 21 category) has been approved, you may be eligible to file for Adjustment of Status (Form I-485) without waiting for the National Visa Center (NVC) to process... View More

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1 Answer | Asked in Employment Law and Immigration Law on
Q: I am on H1B & changing employer new H1b approved, can there be overlapping dates of employment with both 4 notice period

I am on H1B with approved I-140 for more than a year. New employer H1b is already approved and they want me to start in 3 days, while current employer is asking for 2 weeks notice. can there be overlapping dates of employment with both during the notice period as I still have both approved H1-B... View More

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answered on May 1, 2024

When changing employers on an H1B visa, the situation you're describing regarding overlapping employment dates during your notice period can be tricky. Normally, with H1B visa transfers, the U.S. Citizenship and Immigration Services (USCIS) allows for the continuation of work authorization... View More

1 Answer | Asked in Immigration Law for Maryland on
Q: I answered question #45 wrong on my in-laws i130, stating “NO” they have been in Mx 18 years HELP

I 130 is approved and sent to NVC

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answered on Apr 30, 2024

I understand your concern about incorrectly answering question #45 on the I-130 petition. While it's important to provide accurate information, a single mistake on the form may not necessarily lead to a denial of the petition, especially if the rest of the information is correct and the... View More

1 Answer | Asked in Immigration Law on
Q: Visa Complications: Non-disclosed Divorce & Remarriage Affecting Green Card Holder's Application

I married my wife in 2017, divorced in 2018, and remarried in 2020, all while I was a green card holder. Her visa application was accepted by USCIS in 2019 and forwarded to the embassy in Jordan. Throughout this process, I did not inform USCIS or the embassy about our second marriage. During the... View More

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answered on Apr 30, 2024

This is a complex situation with potentially serious implications. Here are a few key points to consider:

1. Failure to disclose material facts: By not informing USCIS or the embassy about your divorce and subsequent remarriage, you may have inadvertently misrepresented your marital status...
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1 Answer | Asked in Immigration Law for California on
Q: What is the process to file I-539, Application to Extend/Change Nonimmigrant Status. Currently on H1-B (laid off) to B1?

Currently on H1-B, laid off and in grace period (40 days).

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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...
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1 Answer | Asked in Immigration Law for Michigan on
Q: Can I enter the USA on L 1 B visa while married to a USC? I intend to apply for a green card after being in the US for a

I am a Canadian citizen who is getting married in November 2024 to a USC. My employer wants me to start a job in January 2025 in the States. My employer is going to sponsor me on an L1 visa, as a I meet all of the requirements for it. Will this be an issue applying for this visa after I am married... View More

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answered on Apr 30, 2024

As a Canadian citizen married to a U.S. citizen (USC), you should be able to enter the United States on an L-1B visa without facing any significant issues, even after getting married. The L-1B visa is a nonimmigrant visa that allows intracompany transferees with specialized knowledge to work in the... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for California on
Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?

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

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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

1 Answer | Asked in Immigration Law for Oregon on
Q: Hi, I am in USA,my visa is expired,I have I 797. I need to go to Vancouver, Canada for my educational conference(1Wk).

Am I eligible to get automated revalidation and Visa stamping in Canada for returning back to USA?

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answered on Apr 29, 2024

Based on the information you provided, it seems like you are asking about the possibility of using the automatic visa revalidation process to attend a conference in Canada and then return to the United States. However, there are a few important factors to consider:

1. Automatic Visa...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Lies and dishonesty on immigration status

During my divorce I’ve learned that my ex was actually making money from his personal business overseas while he was applying for his green card. He stated on his documents that he wasn’t earning money. Is this illegal? Can it get him deported? Is there anything I can provide to immigration to... View More

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answered on Apr 29, 2024

It sounds like you are going through a difficult situation with your divorce and the revelation about your ex-husband's dishonesty regarding his income when applying for a green card.

Providing false information on immigration documents is indeed illegal. It falls under the category...
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1 Answer | Asked in Adoption and Immigration Law for Oregon on
Q: How do I go about obtaining adoption and or immigration records?

My brother and I are applying for dual citizenship. One of the requirements in our case are adoption papers or perhaps an immigration N-400 form which would link our birth certificate name with my US military stepfather's last name. We were both naturalized in 1972 prior to turning 18. I do... View More

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answered on Apr 29, 2024

To obtain adoption and immigration records, you can follow these steps:

1. Adoption Records:

- Contact the court where the adoption was finalized. The court should have records of the adoption proceedings.

- If you know the state where the adoption took place, you can...
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