My dad is a naturalized U.S citizen and I was brought legally to the U.S before I was 18 years old of age.
It depends if you came as an immigrant or with some other nonimmigrant status.
I'm an American citizen trying to sponsor my Chinese wife. We both live in China now, and the only place I can call a "residence" within the US is my Mom's apartment.
After the I-130 has been approved (8-10 months), then the case will be transferred to the National Visa Center (NVC). That can take 30-90 days. Your wife can file the visa application, and at the same time you will file that Affidavit of Support. You will need to show that you are intending to... Read more »
I am a Bangladeshi citizen and PR of Canada for two years. I am working in Canadian branch of an IT company from USA. I have an approved I-130 as of October '19 with a time limit of 1 year in Bangladeshi US consulate. I will apply in 5 months for the immigrant visa for USA.
I need to attend... Read more »
The fact that you have the F4 petition pending will be one of the factors that the Department of State will consider in determining if you are eligible for the visa. Make sure that you provide plenty of evidence that you plan to return to Canada at the end of a temporary stay in the US.
I have filed green card petitions for both of my parents, so far I have received appointment details for my mother from National Visa Center. There is one month difference between approvals for my mother and father, we have yet to recieve approval for my father. I just wanted to check if I can have... Read more »
Yes. They can be scheduled at the same time. It might just happen as a matter of course, but you can also contact the consulate or embassy.
The Man has a Full Lwyer Diploma from Venezuela and live in Orlando as Asyl Resident can he do everything to get a recognized of his diploma in US?
It is unlikely. Check with the Florida Bar Association to see what his options are.
I have a 2-year conditional green card through marriage which expires in December. Divorce is still pending so I don't have the divorce decree. Now I'm planning on file i751 on my own (joint filing be waived) but am confusing about the timeline: When will USCIS request the divorce decree after I... Read more »
First, you are not bound by the 90-day window that controls submission of the I-751. You can submit it at any time before or after. The issue is this: if you file after your green card expires, you will be accruing unlawful presence and could be detained by immigration authorities for being in the... Read more »
My husband filed an i130 petition for me. On the myUSCIS account we keep on seeing the phrase "your benefit request has been accepted and is under review" and the only thing changing is the date they update the page. Does that phrase mean that our file is resting in a drawer or that someone is... Read more »
You don’t say when you filed the petition, or what your husband’s status is, but currently the California Service Center is currently adjudicating petitions filed by LPRs for their spouses that were filed prior to July 5, 2018. Petitions in that category are not currently being actively... Read more »
My I-140 is got approved. I am an international Ph.D. student and defended my doctoral dissertation on October 09, 2019. I have got I-485 EAD based on a pending application.
I did not understand the fact that using I-485 EAD may cause termination of my F1 status. My F1 visa was valid till... Read more »
It probably won’t. If your I-485 is approved, it won’t matter. If it is denied, and you unable to successfully appeal the decision, you will need to leave to country.
Need some advice please. My brother ran to Mexico to avoid getting arrested about 17 years ago. A year after being in Mexico he met his common law wife. He had my niece who is now 16. My brother never put his name on the birth certificate as he was illegally in Mexico. Last year his common law wife... Read more »
Your niece might already be a US citizen. We recommend you speak with an immigration attorney to confirm. Even if your brother’s name is not on the birth certificate, a DNA test would show the relationship.
The interview officer denied because he believes that he is involved on some type of drug trafficking they gave him 60 days to come back to Juarez to make a deal with the officer or he just needed to wait for a letter with the reason of denial
He should follow any directions given him by the consulate. He likely had something delivered to the courier service for which he registered in Juarez.
she is from china and living in US on H1B visa. she has two years left on her H1B visa. how long will it take approximately to get her green card. thank you
You can apply for her once you are married. The priority date for petitions filed by LPRs for their spouses is current, so it shouldn’t take too long. If you become a citizen it could take even less time (you can apply if you have been a resident for 5 years).
His native country is Dominican Republic. His case was drug involved. Will he be deported after his sentence?
He will more than likely be placed into removal proceedings. Whether he will be deported will be determined by the outcome of those proceedings. He will certainly want a good attorney.
I applied for to replace my I-94 I lost a few years ago because I'm adjusting my status. They recently mailed me a letter saying I need a police report. It wasn't stolen I lost it, do i need to get a police report to prove it was lost?
You ought to be able to draft a statement saying you lost it.
Also, if your green card was issued after April 2013, you might be able to access it online.
Im a Licensed Teacher and wanted to move in Florida and to continue my career there. What are the steps that i should have to follow? And Is there a possible that i can petition myself?
You need to find a school district that is willing to act as your sponsor.
In nov 2018 I filed petition. My father was here for visit . In December finger print, July 10 he left US family emergency , July 25 I file withdrawal stating the reason August 10 uscis mailed his green card. On it October 2019 USCIS sent a letter to be saying my petition revoked and sent another... Read more »
He won’t be let in on the green card. He will need to get a visa. Otherwise you will need to start the process all over, and he will need to apply for an immigrant visa abroad.
I am a Lawful Permanent Resident and have been recently laid off due to lack of work. My question is whether receiving unemployment benefit will be a ground for termination of my Green Card or deportation or preventing me from becoming a U.S. citizen in future?
First, questions of public benefits impact those who don’t have green cards, so accessing them as an LPR won’t affect a citizenship application. Unemployment is not a public benefit, so it is not a factor in determining public charge.
My husband is a illegal immigrant and he was convicted of Cocaine and after hiring a criminal lawyer his final outcome was that he plead guilty to Drug Paraphernalia but now its affecting his immigration but the criminal lawyer that we hired he did not explain to my husband that if he plead guilty... Read more »
Contact an immigration attorney and see if there is a way to argue ineffective assistance of counsel in the criminal case.
My father secretly married a foreign woman in the US while living with another woman in the house where the foreign woman said she was living on the marriage license. Would that invalidate the marriage license? I'm asking because I'm worried that she's scheming to divorce him and take half his... Read more »
It is probably a question of intent, but you’ll have to check with the state authority that issues marriage licenses to see if the incorrect address would invalidate a marriage license or certificate.
Hello,
Is there a correlation between how long a security check would take for a non-immigrant visa (consular processing) vs adjustment of status while in USA (I-485)? I waited for my F1 visa for 10 months years ago due to my common name and just wondering if I should expect a similar delay... Read more »
It is unlikely, since you have already been admitted to the US, and you say that you waited for F1 approval “years ago”. Having said that, depending on what country you are from you might still be subjected to significant scrutiny as part of your adjustment of status application, given the... Read more »
I currently have an F1 Visa and I'm attending school . My studies end in November/December but I'm relocating to another state. I've been married for 1 yr but We recently submitted for adjustment of status and got the I797 forms ..approved for processing . Can I quit school at this time with out... Read more »
You will not fall out of status when you quit school if your I-485 application is pending. It shouldn’t matter if you quit or not. We recommend that you keep the designated school official apprised of your plans.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
