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answered on Apr 5, 2022
Typically, you would apply for adjustment via a consulate outside of the US. However, if you're in the US and you're still within the allowed stay of the VWP / ESTA, then you can send an application to USCIS while in the country.
I have electrical engineering diploma from Brazil and have a job offer to work in the US -- but cannot work without proper working permit.
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answered on Apr 5, 2022
Please speak to a lawyer. If you somehow overstayed the allowed stay and have thus accumulated unlawful presence but want to pursue staying legally in the United States, you must speak to an immigration attorney.
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answered on Apr 5, 2022
Absolutely, as long as the sponsor's income is sufficient per the constantly updated guidelines ("To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty
Guidelines for your household size. The Federal poverty line, for... View More 
I have H1b visa but due to Covid I haven't been able to change the visa on my passport from F1 to H1b, but I have the I-797A approval notice for H1b. I'm wondering if that will be enough for applying for marriage green card. Thank you.
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answered on Apr 5, 2022
Your goal is to remain in status with respect to your current status in order to apply for a change of status. The approval notice keeps you in status. The marriage green card is a somewhat separate topic. You should consult an immigration attorney. best of luck.
During all this time I was out of status. My ex boyfriend had DACA at that time. We we hoping to get married but everything went bad and we separated because he started getting aggressive. Since i was out if status i was planning to go back to Russia with my daughter, but now it is not safe there... View More
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answered on Mar 14, 2022
Hi. Your situation sounds too complex to discuss on a blog. It will definitely require an analysis that you want to do in private with an immigration attorney. The biggest problem that I see is the apparent 'unlawful presence' after the expiration of your J1 visa. You need to speak to an attorney.
Is it possible to switch from j1 to another working visa, and what's the process?
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answered on Mar 10, 2022
Achieving what you describe is a multistep process. A careful analysis of your specific situation must precede any action. I suggest that you consult with an immigration lawyer.
My conditional green card expired on January 20, 2022. USCIS sent me a I-797 notice of action and the received date by USCIS was also January 20, 2022. Was my removal of conditions done on time or will be considered late filling?
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answered on Jan 28, 2022
As long as you filed the i-751 within ninety days of the conditional green-card expiration date and because you have the 797 receipt, you should be fine.
The LLC has had no business transaction or anything of my knowledge. It was made 1 year and 3 months ago by another Company that had made it for me without me actually being ready for it and then when I told them I don’t think I was going to be ready yet they completely cut off connections with... View More
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answered on Jan 19, 2022
If the legal entity is an idle and unutilized shell, it's best to dissolve it.
I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... View More
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answered on Jan 16, 2022
The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you... View More
I am an RN who was petitioned by an employer. My green card has already been issued. I resigned after 6 months of being employed with them due to unhealthy work environment therefore resulting to breach of contract and some penalties that I am willing to settle. Will breach of contract be a reason... View More
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answered on Jan 13, 2022
So if you have your green card already, depending on the type of green card, the USCIS has 5 years to rescind it but it must show that you never had the intent to be in that job which is a burden on them. For practical purposes, unless something took place in addition to what you described, your... View More
Hi, thanks in advance for replying my question. I 've recently had a proxy marriage with my wife who is a green card holder of USA. USCIS clearly says, we are not accepting proxy marriage, unless the marriage is consummated. accordingly, my wife plans to travel to my country, so that we can... View More
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answered on Jan 12, 2022
Your inquiry is a technical one. The federal code only indirectly answers it by requiring consummation of the proxy marriage fir the marriage to be considered valid. So therefore you would need to travel first and file after the consummation, which is an affidavit attesting to the consummation... View More
My old contract says lifetime price guarantee but nothing about if new owners come.
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answered on Jan 10, 2022
You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.
Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):
Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... View More
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answered on Jan 10, 2022
A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.
Hello dear im from Russia and i was USA 2010-for work and travel 3 months valid visa. And i was applied f2 visa for study but its denied. Then i was there until 2012 september that time my daughter was born and we back to Russia That means i was in usa 2 years. How can i back to usa? Its posiible... View More
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answered on Jan 8, 2022
There are several questions asked by you that would require understanding your history in detail. That means you would need to speak to US immigration lawyer directly. As a general matter, however, a US citizen child of 21 years may petition for a Green Card for a parent.
Can I do complain against him. If I do complain what will happen to me and my kids?
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answered on Jan 3, 2022
You should contact the police and a lawyer immediately. Don't be afraid. It's your and your kids' life and well-being at stake here. There are solutions but you need help, don't wait too long. There are many organizations that offer support, e.g., https://www.thehotline.org/.
I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... View More
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answered on Jan 1, 2022
It's a little counter-intuitive. In the United States, it is actual use of a designation as a mark that creates rights and priority over others, not the registration. Therefore, typically ownership of a mark goes to the first-to-use, not the first-to-file.
Also, my O1-A is due for renewal in four months. Do I need to renew my O1 before applying for EB-1?
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answered on Jan 1, 2022
If your status is current you can apply from within the US.
Hi, At the time of our i-485 interview, our marriage was less than a year old. The case was approved, a permanent green card for 10 years came, and not a conditional green card for 2 years. In this case, is it necessary to apply for the removal of the conditions in 2 years, , even if my spouse have... View More
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answered on Dec 30, 2021
I would need to see the actual document but if what you describe is true, and you received an unconditional green card with an expiration date 10 years into the future, then there should be no condition requiring removal. A quick review of your documents by an attorney can give you the final... View More
I came in USA October 2018.Now I’m married here with a citizen.
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answered on Dec 29, 2021
Asylum requires an application within a year of entry to the US, with a few exceptions that appear not applicable to you based on what information you shared.
You also cannot adjust status from a c1d through marriage.
You probably would need to return to your country of origin and... View More
I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?
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answered on Dec 27, 2021
The answer to that depends on how you entered the US before you sought asylum.
If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.
At the same time, if you entered the US with a visitor or a student visa and those are not... View More
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