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answered on Jun 4, 2018
Yes, he can. You and your wife will, however, have to stay in the US or return to the US for your biometrics.
I submitted form I-821 to USCIS, but made a typo on the Alien number box (A#). A week later I received a notice of action and noticed the typo (437 instead of 347). I then received a second notice of action but this time it had someone else's name on it. I called the USCIS 1800 number but they... View More 
answered on Jun 4, 2018
You obviously need some help. Contact one of the following:
1. USCIS Ombudsman
2. Your Member of Congress
3. An Immigration Attorney
I got a job offer in company B with the H1b sponsored by Company B using the I-140 from Company A. Company B has said that my GC application will be started after a year.
Meanwhile if i get an offer from company C. Can I move to Company C without I-140? If not so can i use the I-140 issued... View More
answered on Jun 4, 2018
Company will need to file an H-1B change of employer for you. Unless you have an I-485 pending, Company C will need to file a PERM application and an I-140 visa petition on your behalf in order to recapture your original priority date.
Carl Shusterman
www.shusterman.com
Do I need to file a separate petition one for my wife and one for my 2 year old daughter? Or can my daughter be listed on my wife's I-130 as a derivative beneficiary?
answered on Jun 4, 2018
Your daughter can be listed on your I-130 for your wife if you are a permanent resident, but not if you are a US citizen.
I was brought to this country illegally when I was only 1 years old by my parents i lived in NYC all my life I when to school here and currently doing my GED and working cash jobs i live with my girlfriend and son and expecting one more we want to get married and apply for based marriage green... View More
answered on Jun 4, 2018
While your wife can file an I-130 to sponsor you for a green card, because you entered the US illegally, you would have to return to your country to apply for a green card. Before you do so, you would have to apply for an I-601A provisional waiver because of your years of "unlawful... View More
answered on Jun 4, 2018
You can start the process by filing an I-130 petition for your wife and daughter with the USCIS. The backlog in this category is approximately 2 years. Once the I-130 petition is approved and the 2-years are almost over, the National Visa Center will ask them for certain documents. Then, the US... View More
I haven't joined my country obligatory military service and I was sentenced through a military trial to pay a fine for failure and delay to be recruited for the military (as I have passed the legal age to be recruited). Should I mention this while applying for naturalization? And does this... View More
answered on Jun 4, 2018
You need to mention this on your N-400, but it probably will not keep you from demonstrating that you have good moral character.
I haven't joined my country obligatory military service and I was sentenced through a military trial to pay a fine for failure and delay to be recruited for the military (as I have passed the legal age to be recruited). Should I mention this while applying for naturalization? And does this... View More
answered on Jun 4, 2018
This probably will not affect your ability to establish good moral character. However, it would be a good idea to show your record of conviction to an immigration attorney.
In the past I have always asked a question about legal matters. All of which were answered with a very vague reply ending with "you should contact an attorney in your area." I understand that people need to make money but, when I don't have any to give...? So, how can I receive a... View More
answered on Jun 4, 2018
There is no such thing as a "Federal license to practice law", but many of us are admitted to practice before various Federal Courts including the US Supreme Court.
I live in Mexico and my friends live in Canada. In the case of an emergency I would like to have a form filled out and on record with my friend's contact info so as they are contacted to come and take custody of my dog and able to travel back home with him without issue.
Came to this country in 82 as a LPR from Jamaica at age 7. Was convicted of rob 1 in 93 and sentenced to 3 1/3-10 yes and cscs in the third degree in 94. Was ordered removed in 95 for the rob 1 conviction for a crime of violence and firearms offense and was subsequently deported in 99 after... View More
answered on Jun 3, 2018
This is a complex issue. Do not try to solve this online. Schedule a consultation with an experienced immigration attorney.
Carl Shusterman
www.shusterman.com
Why so many years for reentering the US since 2000
answered on Jun 3, 2018
Was he convicted of a crime? If so, what was the crime?
See an immigration attorney before he gets deported. He is entitled to a hearing before an Immigration Judge.
Carl Shusterman
www.shusterman.com
answered on Jun 3, 2018
If you are a US citizen, he would move from the 1st to the 3rd family-based preference category, a much longer wait. If you are a green card holder, if he marries, he would lose his priority date.
I saw this website Shutterstock and I think it's just like Etsy, where I can sell my own things. But I'm not familiar with it so I want to make sure. People typically sell images they take (mostly by smartphone) when they are on a trip; not professional images. I have a lot of them from... View More
answered on Jun 3, 2018
Not a good idea. This could be seen by the USCIS as "unauthorized employment".
answered on Jun 3, 2018
I would advise you not to travel abroad on TPS. If you do so, do not go to Syria. You would need to obtain an advance parole in order to travel abroad and avoid the travel ban.
answered on Jun 3, 2018
If you are convicted, the answer is yes. Assault and battery is a crime of moral turpitude. You need a criminal attorney and an immigration attorney.
I filled out wrong that my daughter would adjust out of country but we want to do in USA but it was sent to NVC, how do I let them know she wants to adjust here her I-130 was approved and immediate visa is available (family )
answered on Jun 3, 2018
If she is eligible, she can file an I-485 adjustment of status application in the US.
answered on Jun 3, 2018
Depending on your circumstances, it is sometimes possible to get a student visa in a 3rd country.
Do the embassy have to make sure I’m connected to the case?
answered on Jun 2, 2018
Usually, this has to go with the National Visa Center depending on what type of case you have and the facts of your case.
I am petitioner for parent's I-130. He came on visitor visa .It got approved after he left US. He is coming back in July on existing visitor visa. Can I then apply for his I-485? Do I need to do anything additional since he left US in between.
answered on Jun 2, 2018
Visitors are required to have no intent to remain permanently in the US. The process would probably go much smoother if he applies do an immigrant visa abroad.
Carl Shusterman
www.shusterman.com
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