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 »
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 »
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?
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.
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,
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 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 »
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 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?
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.
To be precise, I haven't been able to file for greencard renewal at this point. I will most likely not going to get a renewed card before the expiration. I currently work full-time. What needs to be done to keep my job after I submit I-90 for greencard renewal? Thank you,
First, your status doesn’t expire when your green card does, so you will still be a lawful permanent resident (unless you have a CR-1 card). Second, after you file you I-90, you can get an extended expiration date sticker put onto your card at the time you have the biometrics appt done.
Had to travel outside US for 12+ years working in UK & India with various companies. Had done 2 re-entry permits initially but finally gave up as it was expensive travelling back in US for application & biometrics, each time. Now, I am back in US on L1 with my company for 1.5 years, on work... Read more »
I am a first year PhD student on an F1 visa. If I receive a job offer from an NGO or university, and my change of status petition to H1B or an EB visa is denied, will I loose my F1 status and have to leave the country? My F1 visa is currently valid for 3 more years.
I am an L1 visa holder working in US. My dependent is studying here and he has applied for F1 COS for college internship reasons. F1 visa COS is taking time for approval. Can my dependent continue to legally stay and study in US, if I have to abandon my L1 for unforseen reasons and leave the... Read more »
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.