I'm graduating with OPT majoring in game programming. I want to make indie games with my friends, so we plan to start an LLC. And use it as our OPT for the first year. Will there be any risks? Are there any tips for the whole process?
answered on May 11, 2023
As an F-1 student with OPT work authorization (work permit), you can get your company up and running and be self-employed as long as you’re putting your degree to work. You must also work full time and have all the proper business licenses that your state requires.
You don’t have to... View More 
my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.
answered on May 9, 2023
If you have tried the USCIS applicant service options listed above but still need help resolving a problem with an application or petition, you can ask the Ombudsman’s Office for help by taking the following steps:
Please submit all evidence or information regarding the efforts taken to... View More
Hello,
I’m going India from May 20 to June 28. My AP is going to expire in mid of Nov and my attorney asked me to apply for renewal 180 days before its expiration date, means I will have to put AP for renewal somewhere in mid of May. I was wondering if traveling on H1b may cause any... View More
answered on May 8, 2023
Yes, it is generally okay to travel on H1B while the Advance Parole (AP) application is under renewal process. However, you should keep in mind that traveling outside of the US while your AP application is pending may be considered as abandoning your application. Therefore, it is recommended that... View More
I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More
answered on May 8, 2023
In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More
Would this be a problem and prevent me from applying for a green card again in the future? I left the US without advance parole so application is probably already abandoned but they still sent an interview date. Should this be included in the letter? Is the reason that now I’m pursuing further... View More
answered on May 8, 2023
Would this be a problem and prevent me from applying for a green card again in the future?
The bar at 204(c) specifically refers to a marriage entered into for the purpose of obtaining permanent resident in the United States. If the USCIS determines that you fraudulently entered into the... View More
How can I stay permanently in the States with my husband?
answered on May 9, 2023
A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an “immediate relative”. This means that there is no limit on the number of people who can obtain green cards through marriage to US citizens.
The US... View More
Hi, I applied GC for my parents after they arrived in US last February and their GC's have been approved. I am planning to ask them to stay until end of June this year (to fulfill their 6 months annual stay) and then come back next May. Based on my reading in USCIS website, GC holders will... View More
answered on May 8, 2023
Permanent residents are permitted to travel abroad. However, if their trip abroad exceeds 6 months, they will be questioned about their prolonged absence when returning to the US. Unless they can convince the CBP officer at the airport or the border that they always intended to return to the US,... View More
I'm the technical founder and I am developing the application myself. I am raising a round of money soon from a VC firm while on my STEM OPT, however, I'm worried if my startup won't count for an O1A visa since my degree is in Electrical Engineering and so my degree doesn't... View More
answered on May 9, 2023
The O-1A category applies to aliens coming temporarily who has extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television).
Petition Document Requirements
A US employer should file the petition (Form I-129) with:... View More
Is it possible to apply under the "U" visa!?!?
answered on May 8, 2023
Even though you are undocumented, you may be eligible to apply for a U visa.
If you are a foreign-born person who is the victim of a crime and have suffered substantial physical or mental abuse, you may be eligible to apply for U status if you are willing to assist a law enforcement agency... View More
I got laid off from my job on March 29.
answered on May 8, 2023
If you are currently on a TN visa and you want to change your status in the US, you will need to apply for a different type of visa or status that you are eligible for.
Whether or not you can do this alone without an employer will depend on the type of visa or status you wish to apply for.... View More
In case the CR-1 visa is in progress, can my company still apply For L1 visa for me? Will the cr1 visa be cancelled?
answered on Sep 4, 2022
Because an L-1 is a dual intent visa, you can apply for an L-1 visa while your application for a green card through marriage is pending.
An L1 visa is for a person who works for a company with a parent, subsidiary, branch or affiliate in the United States. These persons come to the US as... View More
Attorney lack of adequate preparation cost us $2K and panic travel. We have our K1. Should we stay with him through adjustment process or find new attorney?
answered on Sep 4, 2022
This is a very personal decision. You definitely want to be represented by an immigration attorney who you trust, and who will be fully prepared.
A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an... View More
I have an 129-F form for a K1 Fiancé visa that I submitted regarding my fiancé, a South Korean national. Our case was received by USCIS on 10/18/21.
Due to the processing time continuously increasing, I’m trying to brainstorm some ideas. If I have the opportunity to go to South Korea... View More
answered on Aug 2, 2022
Once you get married, you fiance visa petition will be a thing of the past. You will need to sponsor your spouse for a green card.
A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an “immediate relative”.... View More
We signed paperwork with our finances 3 years ago. She is still waiting to go for her interview. ( She has been living in the U.S. since she was a child. She is in her 40's now) Now they are wanting out finances again. Can we change on minds to NOT to sponsor her? If so, can she sue us? For... View More
answered on Jul 27, 2022
A person seeking to become a US citizen does not need a sponsor.
If she is seeking to become a green card holder, and you have submitted an affidavit of support, you can withdraw your affidavit. She cannot sue you if you do so.
For more information, please see... View More
We screwed up everything. We married in Ohio while she was on her tourist visa and applied for a green card. She left a month later because of work troubles and I went with her. We told our last lawyer to cancel the forms. I have not worked in 5 months, but she makes enough for both of us, (She is... View More
answered on Jul 27, 2022
You can sponsor your wife for a green card even though you are living abroad.
The process begins when the US citizen spouse submits a visa petition to the USCIS.
Once the I-130 is approved, the foreign-born spouse will receive a packet from the US National Visa Center (NVC). The... View More
What next? How does this even get sent to him if he isn’t a citizen. Just want clarity on the next steps to take
answered on Jul 27, 2022
There is no harm if he answers that he is a non-citizen. This does not means that he is undocumented and subject to deportation. Non-citizens include green card holders and persons who have temporary visas. Even some U.S. nationals are non-citizens.
For more information, please see... View More
I came to the U.S. on F1 visa initially. In 2022, I applied for and received asylum due to my perceived sexual orientation. However, I am finishing college soon and I really am by myself here. I miss my family so much and my family would do no harm to me because they love me immensely. However, in... View More
answered on May 13, 2023
Not a good idea to visit a country from which you claimed persecution.
Best to visit your parents in a 3rd country.
I am currently a non-immigrant on a H1-B visa working on W2.
I wish to run an online business E-commerce business under my LLC. This business model requires very little effort to manage and can be automated.
Now I know that according to USCIS I can own an LLC but can't work... View More
My wife came over from China in Nov 2019, we were married and received a deny for adjustment of status in September 2022 for previous tourist visa fraud attempts before we met. I asked her to go back to china and let us start over to be in compliance with USCIS, she got angry and left me, now I... View More
answered on May 10, 2023
You need to schedule a consultation with a family law attorney.
USPS delivered my I-485 on April 3, 2023 to elgin lockbox and since than i have yet to receive any receipt nor has USCIS cash my check?? I am here on K1 visa, got married and applied. My I 94 expires May 20, 2023 and want to make sure if we do not receive anything from USCIS this would cause a... View More
answered on May 10, 2023
You may want to contact the USCIS Ombudsman for case assistance.
Please see https://www.shusterman.com/ombudsman/
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