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I am eligible to apply for citizenship on Feb 2023 and will be completing the minimum residency requirements by then (30/60 months). I am wondering if the residency requirements are needed after applying considering the process takes 1-2 years?
answered on Sep 8, 2020
The residency requirements must be maintained up until swearing in.
answered on Sep 8, 2020
It is possible to still retain your permanent residency and still be denied citizenship. Without knowing why you were denied citizenship, however, it is hard to say what is going on.
I'm applying for my spouse an I-130 petition. I have never filed a petition for any one before, however, I applied for my wife an I-129F (Finace Visa) and it got approved, also, I once was a sponsor for my mother and filed an affidavit of support (i-864) but I was not the petitioner, my sister... View More
answered on Sep 8, 2020
If you filed and I-129F for you now wife, you don’t need to file an I-130 for her.
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answered on Aug 26, 2020
First, do not attempt to deceive immigration officials. That will be a sure way to either get the application denied or your green card taken away.
When you make your application, make sure that you show that you have connections to the US—family, a home, assets—anything to show that... View More
Due embassy closures, I can't apply F2 dependent visa from my home country now.
The idea is that I use my existing B2 visa to enter the US and do a change of status afterwards.
Will there be an "intent" problem with this practice? Specifically, I am also afraid of... View More
answered on Aug 26, 2020
The intent doesn’t change, just the presumption of it. Certainly waiting longer to change status decreases the presumption.
The child is a minor and we feel she needs to come to USA with her mom.
answered on Aug 26, 2020
They can apply for tourist visas, and they will need to show that they will return to their home country at the end of their visit.
If your husband is a citizen, he can file immigrant visa petitions on their behalf. It would be a much quicker process for his mother than his sister. Once... View More
Due to embassy closures amidst Covid19, I can't apply for an F2 visa from my home country. My idea is that I travel on my existing B2 visa and do a change of status.
What is the right point of time for me to apply for a change of status after my entry? Will my B2 visa duration be... View More
answered on Aug 26, 2020
The intent doesn’t change, just the presumption of it. Certainly waiting longer to change status decreases the presumption.
They came here from Italy this year and now they live here with relatives that were born here.
answered on Aug 26, 2020
TPS isn’t an option for Italian citizens.
As to the other options, there is probably no direct path. It depends a great deal on the person’s circumstances and the relationship between the person and their family in the US. The best bet would be to discuss the situation with an... View More
I am currently working as an au pair with a J-1 visa. I am getting married in September to a us citizen, and plan to submit our application for a marriage green card soon after the marriage. My J-1 visa is already expired, but I have DS 2019 that extends till January 2021. Will I be able to... View More
answered on Aug 19, 2020
As long as you are otherwise working lawfully, then the green card application process should not impact, or be impacted, by that.
You can also apply for a temporary work authorization to use while you are awaiting the adjudication of your application.
My mother-in-law has not entered the US since 2014. Her daughter is unmarried over 21 years old.
answered on Aug 19, 2020
Since the idea is that the petitioner wants the intending immigrant to come live with the petitioner in the US, the only way this would work is if your mother-in-law intended to take up domicile in the US. Given that she has not lived in the US for six years, it seems likely that the government... View More
I found a statement on the notice that I should reschedule my interview if I've traveled outside the US in the past two weeks as part of the covid-19 safety measures. However, I didn't see that on their webpage, only if you're ill or have symptoms. Should I: - Call to reschedule... View More
answered on Aug 10, 2020
The fact that you’ve travelled will likely come up in databases that keep track of such things, unless you traveled to Canada or Mexico. Under certain circumstances. It is hard to say what you should do, though know that you might get turned away if you show up at the interview and tell staff... View More
I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... View More
answered on Aug 10, 2020
Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.
Hello, we are planning to get married my boyfriend, who is a U.S citizen and me. We were planning to get married on september, but due the Corona , the border is closed and I cannot enter the United Stated with my tourist Visa. I have a B1/B2 visa that expires on April 2021 and I also have a... View More
answered on Aug 10, 2020
You aren’t supposed to enter the US to get married on a tourist visa. If you are questioned at the border, and it becomes clear that you plan to marry once you enter the US, your visa could be revoked, and you could be banned from entering the US for 5 years.
Hi, I am from Iraq and I live in the US. I came here student visa to do my undergrad in biology in 2013. In 2016 I applied for asylum here in the US. Process still pending since then. I am residing legally as an asylum seeker (have not been granted asylum yet). I applied for a Gottingen University... View More
answered on Aug 10, 2020
That is something you will need to discuss with the German authorities.
I included the original RFE letter from USCIS, which has the correct receipt number, together with my evidence.
How can my father be granted with a Green card through myself (an adult US Citizen) after he have been denied entry with a visa in 2000, (lived here between 1999 and 2000) and reentry without inspection (illegal entry) in 2006; but have left the US territory by himself on his own terms in January... View More
answered on Aug 3, 2020
Sounds like he may have the permanent bar. You can still file a visa petition for him, and then he can file an immigrant visa. He will also need to file Form I-212 to overcome the permanent bar.
Judge ordered $5000 bail bonds. Another person went to ICE signed the paper and paid the bonds. I did’t signed any paper with ICE, I am not a consigner. Now, my friend he jump bond and run away. Do I responsible to pay the money to that person who signed the paper and paid the bond with ICE.... View More
My husband recently changed hi status to H1-B, effective from 6/1/2020. That is the same date that my F-2 expired on.
For Now, I only have the receipt notice from USCIS.
Also, can I travel to my home country to get my visa from there if the US embassy reopened while I filed for the... View More
answered on Aug 3, 2020
H4 visa holders can study in the US, and yes, assuming you can travel you should be able to return to your home country to apply for a visa abroad.
I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... View More
answered on Aug 3, 2020
You cannot use an expired passport as a valid proof of identity, and the fact that you’ve overstayed your allotted time could create problems, yes. At this point, your safest bet would be to renew your US passport. At the very least you should take your US birth certificate with you to the... View More
My dad married my US-citizen mom and lived in the US for some time on a marriage-based green card. They then moved abroad, and one day in the 1970s he was made to give it up at the port of entry when visiting the US (because he no longer lived in the US). He has no copy of an I-407, which seems... View More
answered on Aug 3, 2020
You shouldn’t need the I-407. There is nothing on the I-130 that requires information from it. The government will likely possess all needed information related to his earlier green card and his abandonment of residence.
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