I would be more than happy to speak with you. When entering the US as a visitor it is always best to be prepared to document all of your ties to your home country. This can include a number of things including apartment leases, enrollment in school, bank statements, confirmation of employment. If... View More

In order to answer your question, there is more information that will need to be gathered. When you say your son was illegal, it is unclear whether he is an overstay or whether he entered the US illegally. I suggest that you make an appointment with an experienced immigration attorney to make a... View More

You can certainly file an I 130 to sponsor your daughter, but her place in line will be determined by her age and whether she is married. You should know that the I 130 does not give her the right to enter the US or to remain in the US while waiting for USCIS to make a decision. It is not clear... View More

touch base with the National Visa Center by phone and let them know you are still interested in moving forward. They will keep the case open. You should do this every 6 months or so to make sure they keep the case open. This should work for at least. A year or two but may not work indefinitely... View More

You should use your name as it appears on the US passport and when it asks if you have ever used any other names, list the one in the Mexican passport.

I do suggest thy you consult with an experienced immigration attorney to make certain the documents te prepared correctly and you are ready... View More

Under the Child Status Protection Act (CSPA) it would appear that your daughter will have aged out and not be able to benefit from your sister's petition. The calculation works as follows:

Take the child's age at the time that the Immigrant Visa becomes available (meaning the... View More

You can do a Freedom of Information Act (FOIA) request for the I 130 and for any documents that you signed, but you will not be entitled to a copy of the documents she signed, such as the I 485, Application for Employment Authorization or Application for Advanced Parole, as those belong to her.

In order to file for your spouse, you must provide a US residence where you intend to reside. In terms of having job or finances you will have to document your current income and your adjusted gross income for the past 3 years. This is true even if you do not meet the poverty guidelines and even... View More

It appears that you are asking if an I 130 can be approved while there is a pending request for evidence on the I 485. The answer to that question would be "yes." The purpose of the I 130 is to determine if the relationship is real (e.g., spouses, parent/child etc.). The purpose of the... View More

The U.S. has no issue with you having dual citizenship regardless of how either citizenship was acquired. For Canadian law you would have to check with a Canadian attorney.

Typically the only time that your criminal background would become an issue is if any convictions are for criminal sexual conduct. If so then they may he covered under what is known as the Adam Walsh Act which seeks to protect the potential immigrant from coming in and becoming a sex slave or a... View More

You have to prove that you have been inside of the US for the requisite time period (30 months over the preceding 5 years). You also have to document that you do not have any large periods of time outside of the U.S. an absence of 9 months can break the continuous physical presence and cause your... View More

If your green card has less than 6 months until it expires, then I suggest that you file to renew it prior to filing for your N 400. With regard to the issue of your physical presence, there are two things that USCIS looks at. First, they will look at the total number of days you were out of the... View More

You have to make sure that you are very clear about whether you had an arrest or whether a police report was generated. You are obligated to disclose this information to USCIS and failure to do so can be treated as if you lied on your N 400.

No you do not have to use the EAD card to continue on your H1b status. While you wife cannot work on H4 status, she can use her EAD while she is waiting for her green card to be approved.

You can travel inside of the United States while you are waiting for your green card to be approved. You do not need an I 131 travel authorization. The I 131 (in your case advanced parole) allows you to travel outside of the U.S. and re-enter while the process is ongoing. Since Texas is inside... View More

Each embassy or consulate has its own procedures for changing an interview for an appointment. It should be listed on their web page. If it is not, then you can contact the embassy or consulate directly. You indicated that you have not yet received the approval for your father. If this is true,... View More

There are waivers available for certain criminal offenses, but you have not provided sufficient information in order to give you any advice as to whether you would qualify for any such waiver. I suggest that you speak with an experienced immigration attorney who can review all of the relevant... View More

I suggest that you contact a criminal defense attorney and then consult with an experienced immigration attorney before you agree to participate in the CAP program. There is no guarantee that they won't use your participation in the CAP program to prosecute you after the fact.

You can either file a K-3 marriage visa which does use the form I 129 (and also the form I 130) or you can file a stand alone I 130. The first would take minimally 6 months to a year, and once approved would give your wife a marriage visa to come to the US. Once she is here, then you would file... View More