I have been given different answers and would a more stable answer surround my question. The visa I hold is valid and is "R" in terms of priority/visa class issued on my now expired diplomatic passport. I did ask a CBP officer once regarding this when it was still valid and she said that... View More 
answered on Oct 16, 2020
That is correct. If the visa is valid but in an expired passport, you will need a valid passport, but you can still use it to enter the US.
Will I be permanently barred from the us...I am an artist and i dont have a criminal record I just need help with a work visa so I can provide more stability for my family
answered on Oct 16, 2020
Marrying a US citizen or LPR can be a pathway to lawful permanent residence. You might have to return to your native country to attend a visa interview and you might need a waiver to overcome your unlawful presence—the bar of which you speak.
I recently just realized that i had lost my international passport, and I have just started the process to get my green card. I am beginning to be worried. I would like to know, do if its a requirement that i must have my passport as evidence on entry with immigration, or if i can get another... View More
answered on Oct 16, 2020
You need proof of lawful entry, so if you’ve got a copy of the passport with the visa stamp and/or I-94, you should be OK. You can also request a copy of the I-94. If you entered the US after April 2013, you could even find your I-94 online, though you would need your passport number to be able... View More
I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... View More
answered on Oct 6, 2020
It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.
My H1 expires Oct 1, 2014. I went back to my country and reentered US on J1 later that year. My wife did not travel back with me. She stayed in the US. After I got back, we filed her J2 application Feb, 2015 which was approved Nov, 2016. But her J2 I94 states the I94 is valid from Nov 2016 to D/S.... View More
answered on Oct 6, 2020
Generally, when an application is filed, and that application is subsequently approved, the applicant did not accrue unlawful presence during the time the application is pending. If the application is denied, the unlawful presence accrues back to the time of filing. A bigger issue could be the fact... View More
My I-140 was approved in April 2019. My filing date became current for the month of October 2020. I am filing I-485 for myself and my spouse (who is currently on H4 with approved EAD). I am currently on H1-B status. I have the following questions regarding filing for AOS, and it would be great if... View More
answered on Oct 6, 2020
1. Yes.
2. Put the one from the I-140 on the form itself, but add any additional A#s to an addendum or extra info page.
I am preparing to apply for Family based Green card through my spose being a US citizen.
I have my birth certificate from India. It does not have my last name/Initial. My last name is same as my Fathers name. My Father's name is on the Birth certificate.
Is not having the last... View More
answered on Sep 24, 2020
It shouldn’t be. You can submit a copy of your passport as confirmation.
Me and my partner have a joint sponsor who is my partners mother, when we filed our application we all lived together. We recently moved and my partner is going to school, now that the I-944 is back should we add our joint sponsor as our household member? even though they don't live with us... View More
answered on Sep 24, 2020
The only reason why you would add her back is if your partner provides at least 50% of their mother’s financial support, or visa versa.
About a year ago, I started to become suspicious that I was being used for a green card. I thought my suspicions were ridiculous, and so I ignored them. Then, a day after receiving the green card, my spouse dumped me. What should I do?
Edit: My spouse just received the green card with the... View More
answered on Sep 24, 2020
If your spouse has a 2-year conditional residence card, which is likely, then they will need to apply to have those conditions removed. At that point they will need to show that they entered into marriage in good faith. The fact that they dumped you right after getting the green card will make that... View More
He committed a crime in 1982. It appears as such: CRIME CLASSIFICATION: Felony First Degree, OFFENSE CODE: 356215, OFFENSE DESCRIPTION: Pos Marij Over 2000 LB, and received 10 years probation, which he completed and has all the documentation. He has had no other criminal behavior and has since... View More
answered on Sep 24, 2020
There are a lot of variables in the issue, such as the time during which offense took place and whatever agreement was reached between your father and the prosecution. Your father should consult with an immigration attorney familiar with the impact of crime on immigration.
So my J1 visa expired months ago and i applied for a tourist visa so i could stay here longer while waiting for flights. Will it go against me like will i have a hard time coming back to America if i go home without waiting for the results of the tourist visa?
answered on Sep 17, 2020
It shouldn’t. Probably best to withdraw the application and give an explanation as to why.
The appointment was originally in May and cancelled. We are waiting on new appointment but do we have to do anything or file some paperwork in case it expires before we get a new appointment?
answered on Sep 17, 2020
1st, contact USCIS to see about getting it rescheduled. While you are doing that, see if you can make an InfoPass appt. to get an extension sticker on it.
I got my green card since 2003 and I used to travel every year to the states return back to my original country as i have some issues I have to follow but last time I travelled to the states they stopped me at the airport and took my green card because I stayed in original country more than one year
answered on Sep 17, 2020
You can apply for a tourist visa. There are no guarantees that it will be approved.
Hi there,
I have applied for i751 8 years ago. It's been pending since then and finally there was an action on my case last month. It has transferred to the another office. So friends and family members have telling me to apply for citizenship.
I would like to know that if... View More
answered on Sep 17, 2020
You can file for citizenship. Include a copy of the I-751 receipt notice. Depending on the circumstances of your case, it might not be a bad idea to get an attorney involved. 8 years is a long time to wait for and I-751 to be approved.
Guatemalan father and daughter presented themselves at border about 1 year ago, were released after a week, and are staying with relatives in NY while they await their court date. The daughter is very homesick. Can he send her back to Guatemala somehow and then continue doing odd jobs while... View More
answered on Sep 14, 2020
Yes, but it is best to work through the court for that to avoid any negative impact on later attempts to come to the US.
Even if, I don’t get appointment for biometric. Can I apply work permit after 150 days of waiting.
answered on Sep 14, 2020
If you have the receipt notice showing you have applied and your application has been accepted, you should be able to file for a work authorization.
My mother came to the US in Dec 2019 on B2 visa and her i94 was until June 2020. She was supposed to leave in June 2020, before her i94 expired, but due to the Covid situation, we filed a 6 month extension for her in April 2020. The current status of the application is “Application was... View More
answered on Sep 14, 2020
1. There is no need to file a second extension. In fact, it wouldn’t do you any good. It is best if you simply wait for USCIS to adjudicate that one currently pending.
2. If the individual can make the case, then such a reason should be considered.
My AGI on my tax return is $31,258 on my 2019 tax return for a family of 4. I believe this falls under the $39,300 poverty guideline for my family size.
I work for a church and receive a housing allowance of the same amount which is not taxable and therefore not included in my AGI.... View More
answered on Sep 14, 2020
The instructions ask the applicant to list any other additional income or financial support, so that seems to cover the housing allowance.
In addition, the form considers total income, not adjusted gross income, so that is the amount from which you must make your determination.
I am applying for naturalization. My son lives in the Philippines and I am not in good terms with his mother and she refuses to provide documentation that I need pertaining to my son. and it's delaying the process of my application. Is it okay to leave out information about my son and petition... View More
answered on Sep 8, 2020
It would be best to include him. Not much info is requested, and you can always put down “unknown” for information you don’t know and explain the circumstances at the interview.
My parents are in the process of applying for a Green card. All the papers are ready except for the Police certificate. They lived in Burma for 4 years around 40 years ago under a diplomatic visa. They don't have contact with anyone in Burma so they are not able to get the Police certificate.... View More
answered on Sep 8, 2020
They will need to travel to Burma (Myanmar) to get the clearances. Below is a link to a website that describes what is needed: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Burma.html
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