Currently in OPT and TPS, OPT will expire soon. Entered USA with F-1 Visa. USCIS set-forth a notice saying TPS doesn't qualify for adjustment purposes if alien comes in without "inspection and admission or parole". And, also if travel is done using TPS then after returning back, the... Read more »
If you entered on an F-1, that counts as a lawful entry for the purposes of adjustment.
My Chinese girlfriend is pregnant with our child. We are planning to marry. She wants me to sponsor her with an I-864 so she can stay and raise our child together. The issue is that she has a child from a prior marriage who lives in China. If I sponsor her with the I-864, do I have to sponsor... Read more »
You do not need to sponsor the stepchild, no, unless you claim the child as a dependent.
The I-864 is a contract between you and the federal government that you will provide a certain level of financial support to the sponsored immigrant. If you want her to immigrate through you, you need... Read more »
My sister, who was 18 at the time my mom was being naturalized, got her citizenship through my mom. I wasn't able to because I couldn't get in touch with my separated dad as I was a minor and needed permission from both parents. Now that I'm 18 (I'm a permanent resident), do I... Read more »
You became a citizen at the moment your mother did, since you were under the age of 18 at the time. You file the form N-600 simply to get a record of that fact.
My mother is a Mexican citizen. Her father is being taken off life support tomorrow here in the United States. Is there a permit she can get to cross the Orta border legally just to say her goodbyes and attend the funeral?
If she has not done so already, she can apply for a tourist visa. As part of the supporting documents that she will submit at the interview, she should show that this is an emergency issue, which should improve her chances of the visa getting approved. It won’t likely happen as fast she wants it... Read more »
We applied for AOS I 485 back in June 2020. Our application is still pending and my wife who is on F1 status, is getting ready to graduate. She is interested in working so we are looking to apply for I 765. Since our I 485 is still pending will our I 765 Fee of $410 be waived? Or do we still need... Read more »
The fee is waived when you are filing based on a pending I-485.
Hello, I am on F1 visa and am currently employed post-graduation on my initial OPT which is about to end in January. For some personal reason, I have been out of the country since a month. My company is in the process of preparing documents and I most likely will apply for STEM Extension in the... Read more »
It would probably be best in the long run for you to return to the US and apply here. It would likely simplify things in the long run.
6 members in our family.our relative had applied immigration for us (f4 cat.).4 members name had come and they have reached usa.How much time required for the rest of the members and what is the proces?
If they aged out (turned 21) before getting visas, they are no longer eligible to immigrate to the US via that petition. New petitions will need to be filed.
I have been dating my fiance for a while now. And we really want her and her 3 year old son to come to NY to live with me and my 3 year old daughter. What's the 1st step for someone like me who doesn't have a whole lot of money.
You need to file the I-129F petition, along with all necessary supporting documents. You can find it on the USCIS website: uscis.gov
He is in Acuna just across from Del Rio with family. Only ID is an expired MX passport with the original visa granting entry to US affixed. Out of the US 350 days now. MX offices that grant identification and passports are running months behind,
He needs to go to the US consulate that has jurisdiction over Acuna and take any evidence, such as a police report, regarding the loss of his green card.
My son is filing a petition for change of status for me. Can my 18 year old daughter who came with me on visa waiver be filed at the same time?. If she waits for mine to get through she would’ve been out of status.
If not what’re the options open to her.
If you mean that your son is filing an I-130 on your behalf as part of an application for permanent residence, your son can file one for her, too, but it will take much longer to adjudicate. If you mean changing from 1 nonimmigrant status to another, then she can file the form for that.
Our case is currently at the NVC with all documents accepted. We are just waiting for them to send us an interview date at the US consulate . I am the petitioner petitioning my husband but I don’t work. So we have a joint co sponsor . But he just got tested positive for COVID. God willing he is... Read more »
If your joint sponsor dies, then you will need to find another.
My parents have N400 interview. Customer service raised request , but no response from USCIS. So, if they show up, will they cancel application?
If you are asking if your parents show up at a previously scheduled, now cancelled, interview appointment, will their applications be denied, then the answer is no.
I am a Masters' graduate from a STEM degree. I graduated in May 2020 so I am currently on OPT. I was given a confirmed written offer by a company, but when they were doing background checks etc, they asked me about my visa status. I told them I was on STEM OPT so I officially had 3 years of... Read more »
If employment is at will, then there is probably nothing you can do about it. It is hard to say if discrimination based on visa status is valid, given a company’s long-term goals. Your best option would be to discuss your case with an attorney with knowledge of workplace issues.
I need to have 2nd wife. I there is any law in Utah to have two wives?
Immigration is a federal statute, and bigamy is illegal in the US.
I am currently on a B2 visa in the US. I entered the US in Feb 2020. At my entry, I was issued an I-94 that was valid for 6 months. I applied for a 6-month extension 45 days before my I-94 expired in June and I received a receipt in early July, I have not received a decision on my I-539 yet.... Read more »
You would be wise not to travel. It is recommended that you do not file another I-539 yet. Wait until USCIS makes a decision on the first one. Please keep in mind that USCIS is likely adjudicating a larger than normal number of I-539s due to noncitizens stranded in the US as a result of COVID-19.
I’m living in Colorado and I applied for my wife’s green card, She is currently waiting for the embassy in South Wallace to open back up again and give her a date for an interview, but since the pandemic it’s been a real struggle and the wait times are much too long for me to wait. I was... Read more »
COVID has had a huge impact on visa processing in all parts of the world, and it seems unlikely that an expedite request would have helped for that reason. Relocating to Mexico should not impact the case, and if you’ve filed all of the necessary paperwork and are just waiting for a visa... Read more »
I am American and my wife in South African. We both are living in South Africa and plan on moving to America. Can I start the sponsorship process while we're both living in South Africa, or do I need to be in the US?
Additional information: If I can do it from South Africa, do I need... Read more »
You can petition your wife while still in South Africa. You will need to show, however, that you plan to return to the United States to live. The U. S. government will not require that you show you are a resident of South Africa.
I want to petition my mom in December when I turn 21. I live in California right now. But I also plan on moving to Nevada in April of next year, before the process is complete. Would that affect the legal process in any way?
No. You just want to make sure you update your contact information with USCIS.
I have seen mixed answers to questions that relate to valid visa on expired passports, such as must be the same type and other in person answers say that as long as it is a non-diplomatic visa, it should be fine. I can not get my diplomatic passport renewed and must now use a regular passport. Is... Read more »
If you have a valid B1/B2 visa in an expired passport, and you have a valid, unexpired passport, the fact that the visa is in a diplomatic passport in and of itself should have no bearing on your ability to enter the US. The nature of the visa does not change depending on the type of passport.... Read more »
I am the petitioner petitioning my husband. We already have an approved I130. Our case is at NVC waiting for an interview date. Our physical address remains the same but our mailing address in USA has changed. I already sent an inquiry and notified NVC but do we also have to fill out AR 11 and an... Read more »
The I-865 is not needed until the visa has been approved. You only need to notify USCIS of a changed mailing address if you have a case pending with USCIS. You have one pending with the NVC, so you’ll want to notify that agency.
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