answered on Sep 26, 2020
The EB-5 program allows for an immigrant visa for foreign investors who are willing to put $1.8 million into a business in a nontargeted employment area or $900,000 into a targeted employment area. The qualified investment project must create at least 10 permanent full-time jobs for qualified U.S.... View More 
Is there any way in which I can move to England (as a US citizen) with my daughter and her family? She married a man from England.
answered on Aug 25, 2020
Call the British embassy and make inquiry about your possible qualifications. This is not a matter of US immigration law.
answered on Jul 27, 2020
A number of factors need to be reviewed in any immigration situation to determine what, if anything, will affect the filing of an I-140, or any similar application for status. Details need to be evaluated in total when you are ready to file a new petition or change status and should be done... View More
He will apply for an ITIN with the tax return.
answered on Jun 12, 2020
Yes. You are a tax resident, not a permanent resident, if you reside in the U.S. for more than 183 days, so if you owe taxes, then you are required to file a Federal tax return. In addition, this filing can help confirm that you resided in the U.S. should it be necessary to prove it.
If... View More
Hi,
My sister applied for the I 130 request for me from Colorado (where she lives) and the request got received by California. I read that the handling time from Nebraska, which has jurisdiction of CO has the fastest turnaround time. Is there any way I can change service center?
answered on Apr 27, 2020
You can not request that USCIS transfer the relative petition from one regional service center to another. USCIS will transfer cases between the centers depending on the workload of each center.
I am a U.S. Permanent Resident and applied for immigration visa for my spouse. Her case has been approved and immigration visa was granted to her after successful interview with US Embassy in Nepal. All she needed was to fly to US and she would get her Green Card in 1 month or so after arrival.... View More
answered on Apr 25, 2020
Yes. Your spouse will be admitted into the USA. The temporary ban does not apply to spouses of USC's. Secondly she already has a visa.
We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... View More
answered on Apr 10, 2020
Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney.... View More
I want voluntary removal , never had any deportation warnings , overstayed my tourist visa . Can I just buy plane ticket and go or some long process?
answered on Apr 7, 2020
You can just go, yes, but you will likely have trouble if you ever wanted to come back.
She has her first green card but we have to reapply for the 10 year green card soon. I was furloughed and want to apply for unemployment but I am not sure if that will effect the immigration interview we will have to do in about a year.
answered on Apr 7, 2020
Unemployment insurance benefits is not considered under the Public Charge rule. Further, public benefits received by a US citizen is also not considered.
Would that hurt me or count against me when applying for naturalization.
answered on Mar 11, 2020
It shouldn't prevent you from obtaining citizenship, though often times there is a great deal of subjectivity.
I have been a legal green card holder and resident since October of 1990. There are two crimes on my record both when I was under the age of 18 and both were petty theft charges. I know that they look at GMC for the last five years, but I'm worried this may hurt my chances. Thank you
answered on Mar 4, 2020
Probably not, but it depends on how long after you got your green card that you committed these crimes, and it depends on whether they were felonies or not (doesn’t sound like it). You need to consult with an immigration attorney to see what the impact of these crimes will be on your citizenship... View More
My wife and I are from the same country. However, she has US citizenship. When I submitted the AOS application (F1-visa), my wife was overseas, and she is still there for family matters.
The interview of AOS based on marriage is in two weeks in Casper Wy.
What should I tell the... View More
answered on Feb 17, 2020
It may be a problem that you and your wife do not live together. That sends up red flags. The best strategy would be to retain counsel to attend the interview. Above all else, tell the truth and explain why you don't reside together. You can bet that both of you will be interrogated separately.
Married, no ead card yet but I do have an uscis alien number from paper work.
answered on Feb 14, 2020
No, you can't use USCIS number for the purpose of your federal tax return. You have to apply for tax ID with the IRS for your wife and child or just wait until their I-765 are approved so they can receive SSN.
Is there a way to get an exemption to the citizenship test requirements. She has difficulty learning languages. Who do we get a professional evaluation to prove it? (Doctors or language pathologist?)
answered on Feb 9, 2020
If your relative is not able to qualify for an exemption based on age and the period of resident status then a FORM N-648 may be filed based on a medical certification for disability. The FORM N-648 must be signed by a medical physician, a clinical psychologist, or a doctor of osteopathy.
When she arrived at DFW the customs agent told her the 600 cash wasn't enough to enter the US. They sent her back to the UK. How much cash does she need on her to enter the US?
Clarification.. I just found out she LOST the 600 cash she had between deboarding and the customs counter.... View More
answered on Feb 2, 2020
She has been summarily excluded. No amount of cash will likely get her back into the U.S. You will likely be visiting her for quite a while.
The situation may have taken other devastating twists and turns, but more information is needed. This may include a Freedom of Information Act... View More
I immigrated to the US in 2002 and became a US citizen in 2008. My friend now wants to immigrate as well and has around $200K to invest in a business here. He is from South Africa and used to be in law enforcement and security. Due to the political conditions, extremely high crime rate, everyday... View More
answered on Jan 15, 2020
He should discuss with counsel here in the states about applying for an investor visa. An E2 visa may be a perfect fit for him which would allow he his wife and kids , if any to get visas.
I’m a us citizen and I also have citizenship in mexico through naturalization. In the US I only have one last name but to be able to have the Mexican citizenship I was required to add my mothers last name. So now I have one last name on my US Passport and two last names on my mexican documents. I... View More
answered on Dec 19, 2019
You should use your name as it appears on the US passport and when it asks if you have ever used any other names, list the one in the Mexican passport.
I do suggest thy you consult with an experienced immigration attorney to make certain the documents te prepared correctly and you are ready... View More
My mother in law is a green card holder, through my wife who is a citizen. She has traveled back to Ukraine to take care of her elderly mother.
answered on Aug 27, 2019
If she is out of the country for more than a year, there is a presumption that she has abandoned residence.
Just received approval for an i130 my wife who is a citizen submitted two yrs ago we were waiting for it for hearing but was told by another attorney today that we had zero to no chance that I will not be deported unless my wife or son were extremely sick i was pretty much just told to get my... View More
answered on Apr 22, 2019
You should really discuss your case with an experienced immigration attorney. We've handled many such cases for example, and deportation is not a foregone conclusion.
My spouse is on f1 and recently her OPT ended. Per the 60 grace period she has, she will become out of status after early May. We want to get married end of April and apply for the adjustment of her status right away. Will she be able to stay in the US even if in the worst case scenario we had not... View More
answered on Mar 19, 2019
A K3 is not what she needs. Consult with an immigration attorney for a full case analysis. If she is eligible for adjustment of status, once filed, she will be allowed to remain in the U.S.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
