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I received my green card in 2005 and exited the United States in 2007 while having a re entry permit that would let me be a permanent resident till 2009 if i returned to the US. Unfortunately I could not return as I was a minor and the decision was because of my parents. I know that for an... View More 
answered on Aug 28, 2020
If you did not qualify for the SB-1 visa and you were given a student visa, you would have to re-apply for a green card from the beginning. Unfortunately, there is no way to reinstate a green card before a judge in your situation.
Recently married abroad
answered on Aug 27, 2020
Hello,
You can check the current processing times for the I 130 application here: https://egov.uscis.gov/processing-times/
This will give you the time frame for the initial step that is then followed by State Department processing - which is normally another 90-180 days.... View More
My fiance (now wife) came to the US on a K1 visa, we got married, and submitted our I-485 and associated forms (I-944, I-131, I-765, and I-865). We received a notice of action (I-797C) in the mail that our packet was received.
Due to COVID, things seem uncertain at my current employer. I... View More
answered on Aug 19, 2020
As long as your new salary meets the requirements, the change in employment will not affect your eligibility. The employer name and address is often updated during the interview.
I am currently sponsoring my wife from the Philippines on a k1 visa. We are stuck on one question on I-864. Our issue is the question that says if you have sponsored someone in the past (who was my wife) who is now a permanent residence that i should add them to my household number dependents, but... View More
answered on Aug 19, 2020
It sounds like you should have an attorney review your entire situation. The K-1 visa is not used for spouses, but fiances and generally the I 864 is not used for a K-1. If you filed the I 130 for your current spouse then the I 864 would apply. As far as showing your prior ex wife who is a green... View More
The Embassy is now closed, I'm having surgery on my right arm and I don't have anyone to care for me after my surgery. I have three kids but they're too young to care for me. I wanted to ask is there anyway I can write a letter to the U.S. Embassy in Haiti with my doctor's note... View More
answered on Aug 10, 2020
You or your lawyer can write an expedite request to the NVC to see if they can schedule an appointment based on your medical need.
Good luck to you!
I included the original RFE letter from USCIS, which has the correct receipt number, together with my evidence.
answered on Aug 10, 2020
As long as you used the original USCIS RFE letter as your cover letter, then you should be ok as they normally scan that.
Had 2 dwi back in 2002 and 2005 as young stupid mistake I made. Fines all paid and never did any jail time. Both were misdemenear. Never paid taxes as well, but heard from friends I must pay at least 3 years prior. Is that true?
answered on Jun 12, 2020
Criminal arrests can affect your eligibility. You should have an experienced attorney review your record with you to determine what affect it will have on your ability to adjust status. The new form I 944 inquiries into your prior tax filings and you should also discuss this with a lawyer to come... View More
Based on Article II , Section I, Paragraph 5
"No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President..."
If a Natural born citizen is defined as a child... View More
answered on Jun 10, 2020
This question leaves much to interpretation. However, it is my belief that one born outside the USA, born to US Citizens, is eligible to become a US President.
I visited my sick mom with an emergency parole for 30days. I came within the time period and received my combo card which is valid for a year without any conditions. I also got a "paroled" stamp on my passport nearly valid for an year when I entered with the parole document. I went back... View More
answered on May 19, 2020
Once your green card is approved, your parole document or EAD card are no longer valid. You will need to show your green card to re-enter the US.
Immigrant remarried soon after annulment while still in conditional residency status obtained through first marriage. Was not able to remove conditions based on first marriage. Now trying to adjust status based on new marriage. If new green card is granted based on second marriage that is less than... View More
answered on May 18, 2020
USCIS will not re-adjust status for someone who has a conditional residence. That person will have to remove conditions. If they are no longer married to the original petitioner, they will have to file a waiver application. I recommend you seek a qualified lawyer for this type of complex situation.... View More
answered on May 7, 2020
You have to have your green card for at least 33 months before you can apply for naturalization, as long as you are married to a US Citizen.
My girlfriend has lived in the US for practically her whole life she arrived here when she was about 1 year old. She is 18 years old now and she’s trying to apply for a visa to study here in the U.S. But if she doesn’t get her visa approved then she’s going to have to go back to Mexico and... View More
answered on May 7, 2020
Thank you for your message. She may be eligible for DACA or other possible visa types, such as a U visa. She should speak with an experienced attorney to go through the facts of her life to determine what if anything she may qualify for.
Many immigration lawyers provide a free initial... View More
I just got the approval letter from the National Visa Center for my sibling's immigration visa.whic was applied about 13 years ago. They have asked to bring the original documents at the interview in the embassy. Since it was done 13 years ago I am not able to find the original or the copy of... View More
answered on May 6, 2020
You can contact the NVC with these questions and they should be able to assist you. Generally, they will not have access to the items you sent to the NVC at the embassy. If the original documents are items that you can obtain new ones of, I recommend doing that. For example, request new birth... View More
During this COVID-19 pandemic, with USCIS Field Offices closed, can I still file an I-130 now that I am married to a U.S. Citizen?
Or should we I-290B and ask to have car reopened
answered on May 5, 2020
An appeal will likely not be successful, as USCIS did not violate law or rules by issuing the denial. You could ask them to potentially reconsider, but in my experience your case could sit somewhere for months or even years before you would hear back from them. Your best bet will likely be to... View More
I petitioned my wife and she also filed her AOS together with the I -130, she was in J1 visa. Unfortunately, it was rejected twice and because she wasn't able to send the form I-944. She is now out of status, but her visa is NOT subject to a 2 year home residency rule. Now if we will try... View More
answered on May 2, 2020
Although you can technically file the I 130 first, the I 485 and related documents have to be filed in order to obtain legal status for her. Filing separately will just be a waste of time and the I 130 itself will not protect her stay here. I recommend you speak to a qualified attorney about the... View More
answered on Apr 25, 2020
You would have to file for your citizenship first.
You can file for your spouse as a green card holder.
Will my extended visa fall under the category of suspending green cards according to new temporary rule?
I m having f4 category visa expiring on 20th May, 2020.
answered on Apr 24, 2020
Hello,
I cannot see your prior posting, but the suspension is for only 60 days.
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 24, 2020
If she had the visa stamp in her passport prior to the proclamation, then she will not be affected.
You can read more about it on my blog: https://www.musillawfirm.com/immigration/trumps-suspension-on-immigration-entry/
I am married (23 years and counting) to a US citizen and have been living in the USA since 1995 legally. I was gained permanent resident status back in 1999.
I meet all the criteria as per the N-400 form. My green card expired 2 months ago, and I would like to apply for citizenship... View More
answered on Apr 23, 2020
Generally speaking, you are supposed to apply for a green card renewal if you are applying for naturalization within 6 months of your green card expiring. If the card has more than 6 months left, then the local USCIS offices are not requiring a renewal. This policy has been given at many of the... View More
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