I am filing for Removal of Conditions this year on my K-1 Visa. Last tax year, we got an EITC and ACA Exemption. Now we’re worried if those would be considered as conditions of being a public charge. Hoping to correct the situation before it’s too late.
answered on Mar 11, 2019
First, you’ve already passed the period when a public charge determination would be made. Filing the I-751 doesn’t change that. As long as you are otherwise eligible for those things, you won’t have any problems.
My partner has had his interview for the K1 visa at the US embassy in Caracas. He only needs to submit his medical results along with his passport for the visa to be affixed. He is ready to submit those results but my concern is how will the rupture in diplomatic relations between the two countries... View More 
answered on Jan 23, 2019
If the U.S. embassy there closes, yes, he would have to process in a neighboring country and that would likely cause a significant delay. Otherwise, as long as the consulate is open, processing should continue as usual.
He's currently in school in Canada through Saudi Arabia. I am a US citizen by birth. This is a same sex relationship. I do understand that there are laws regarding asylum and port of entry (since he's already in Canada) can he come to the US on a visitor Visa and then seek asylum before... View More
answered on Jan 16, 2019
You can either file a fiance visa petition or you can go to Canada to marry and then start the spousal visa petition process. He definitely should not enter with a B2 visa and try to adjust status, as that is an improper use of a non-immigrant visa. Asylum is a much longer, more difficult... View More
answered on Jan 4, 2019
Just correct it. Contact the National Visa Center and tell them you forgot, and ask for their advice, and then document that you got that advice.
My husband and I were married in March of this year and he is trying to go through the process for citizenship but in the meantime can he still adopt my daughter even if he is not a citizen? He is from mexico and I know it will be hard for him to receive citizenship due to coming to America more... View More
answered on Sep 6, 2018
It will vary widely from court to court, but generally speaking, he should be able to adopt her.
I have been offered a job and my employer wants me to fill out form W-4 to withhold taxes. I can’t find an answer as to whether I can use my ITIN instead of a SSN. Please help, someone.
answered on Sep 5, 2018
If you have a valid social security number that belongs to you, you should use that. An ITIN is for tax filing/reporting purposes. It is not intended to use for work.
My mother entered is usa with a B2 visa
answered on Jun 23, 2018
Yes. Parents of US citizens are "immediate relatives" and can adjust their status in the US even if they overstayed.
My mother has B2 visa
answered on Jun 23, 2018
No, only US citizens are allowed to sponsor their parents for green cards.
They lived in the usa & studied here & went back to Lebanon when a parent became sick & now the green card is expired
answered on May 10, 2018
They may be eligible for an SB-1 visa.
The SB-1 visa is given to those people who have previously held an immigrant visa or Green Card for the U.S. They traveled to a different country for a temporary visit, but due to reasons beyond their control or knowledge, they could not return to the... View More
interviews in Guatemala both times being denied a visa . why is the 601 taking so long ? now that she has been out of the US for 10 year are what are her chances of her getting a visa now?
answered on May 10, 2018
A deportation order blocks a person from returning to the US for 10 years. However, an I-601 does not relate to deportation. If she applied for an I-601 because she was subject to the 10-year unlawful presence bar, and she has been outside the US for over 10 years, she no longer requires an I-601... View More
He does not have a high school diploma. He works as a chef. He has had training in this. We have known each other about 6 years and met at the Fiwagoh Orphanage 2 times. We have been in contact since that time, and I could never find a visa category that seemed to fit. Is this impossible?
answered on May 10, 2018
We represent chefs and get them O visas. However, this category is only for chefs of "extraordinary ability".
A US employer should file the petition (Form I-129) with:
A written advisory opinion from a peer group (including labor organizations) or a person designated by... View More
I never received a receipt # nor the deficiency letter that they stated they sent to me. I call the USCIS and they informed me that I was denied due to no response of the letter, which I never received.
what can I do next? can I appeal?
answered on May 3, 2018
Generally an DACA application cannot be appealed, though if you can show that the reason you did not get any correspondence from USCIS was the fault of USCIS, then you might be able to address the issue. If it was your fault or that of the post office, then you will need to start over. Even if it... View More
I'm a 58 years old man and I got to meet this 19 boy on Facebook, we've been talking for 2 years now. We haven't met physically but We video chat. I see him as a son to me and I want to help him get to the states to live with me and continue his education here.
Please how do I go about that issue??
answered on Apr 27, 2018
You will have to assist him in getting temporary residence here for school and work. You need to contact an immigration attorney near you to help you assist the young man in coming here.
She obtained her perminate resident green card through her marriage but she has started divorce proceedings. She and her husband have been separated for quite sometime and she's ready to end her marriage with him. She and her husband also have two children together. They are US citizens living... View More
answered on Dec 4, 2017
Most importantly- has she removed the condition on her green card? If not then she will have to file the I-751 with a waiver and as long as the marriage was real she should be OK.
I am on F-1 visa and recently I got selected from the H-1B 2018 lottery. So I am just need to wait for the final result from USCIS. However, my boyfriend, an American, wants to get married with me soon (maybe before I know the H-1B result). My question is whether my H-1B process is terminated as... View More
answered on Jun 22, 2017
You can do both H-1B and a marriage green card at the same time.
Previously on J1 now on a H1 through j1 waiver
answered on Jun 16, 2017
An H-1B employee is only allowed to receive income from the H-1B employer as described in the H-1B petition. Working for any other employer would require a new petition or a "concurrent" H-1B petition from the second employer. H-1B also depends on an employer-employee relationship. One... View More
Asylum case pending for 4 years now (didn't have any interview yet) . Should I close my asylum case (NB: I got my EAD of 2 years from it, is it gonna affect my work permit ?) and focus on my adjustment of status . Or let my asylum pending til I get my GC
answered on Feb 27, 2017
Depending on who filed the i-130 for you, you can dismiss your asylum case and file an adjustment of status. My suggestion is that you consult with an experienced immigration attorney before you make a decision.
My girlfriend over stayed her student visa which was initially given for 6 months. She stayed for over 5 years in the United States even though still a current student she went back to her home country to have the visa renewed, but was denied renewal of the visa. The consular agent in her home... View More
answered on Feb 1, 2017
Your fiancé will need a hardship waiver or she will need to wait 10 years from the date she last departed the USA before she can be granted a visa.
Parents are legally on F1 or tourist visa. They get married and give birth to a child. Will they still be asked to leave country after visa expires or they are allowed to stay for the child?
answered on Aug 10, 2016
They will have to leave the country. The child can only help their parents' after turning 21. If the parents' country allows dual citizenship, it is in the best interest of the parents to register their child as a U.S. citizen and also get a U.S passport.
All the best.... View More
What is the procedure or what are the steps I need to take to get him into the US
answered on Jul 10, 2016
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
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