You basically have two choices, you can either file a motion to reopen (Form I 290 B), pay the filing fee for this form and include the I 864 and supporting documents for the Affidavit of Support or you can refile the I 485 package again and pay the filing fees. Filing the I 290B is not a... View More

Unfortunately, you cannot extend your stay when you enter through ESTA Waiver program. You would have to leave and make a new entry. It does not matter what country they go to, but leaving for a day or two or even a week and then attempting to return might be seen as visa abuse or as... View More

It is not clear from your question whether you are waiting for the I 130 to be approved or whether your case is stuck in consular processing. I suggest that you provide more information to an experienced immigration lawyer so that they can assist you in finding out about the delay, making an... View More

You will need to meet with an experienced immigration attorney and provide them with a copy of the approval as well as the notice of intent to revoke. You will also have to give them all the information about yourself which will help them to give you the proper advice. Unfortunately, you have not... View More

Yes a US citizen can marry a foreigner on a visa. As a general rule, yes the foreign spouse may remain in the US while they are awaiting their adjustment of status to that of lawful permanent resident. In order to make certain that the facts of your case allow this, I suggest that you speak with... View More

Your green card will not be revoked if you act as a joint sponsor. A joint sponsor by definition can be either a USC or a green card holder. I do think that she should see an experienced immigration attorney because she may have options other than an appeal. Before she takes action, she should... View More

If you are not signing the Affidavit of Support, then you would not have liability to repay the US government for any monies paid out to your in-laws in the form of public assistance. Your husband would have this liability. It is possible that joint assets such as bank accounts could be used by... View More

There may be several different options for the non immigrant. I would first need to have more information about his country of origin and also about the amount of the purchase price. Since it is important to gather as much information as possible in order to know all of your options, it would be... View More

O3 visa holders are not permitted to work. If you have filed an I 539 to change your status from J1 to O3 and that form is approved, then legally you can be here in O3 status. However, in order to activate the visa and get the stamp in your passport, you usually have to consular process and have... View More

I am not sure that you can go back and change a name on a birth certificate, but the person could certainly file in the court where they live for a name change. Once they have the legal name change then they shouldn't have a problem with getting state ID or social security. After they get... View More

There is generally no public charge bar to naturalization. And, housing benefits are specifically listed as not being categorized as evidence of public charge on the USCIS website (uscis.gov). That said, it is always a good idea to avoid receiving anything that may appear to public assistance for... View More

If your wife is able to adjust her status through your green card process, that would certainly be preferable to obtaining asylum which is never a guarantee. It is not clear from your question whether she has a hearing before an immigration judge or whether she is still appearing at interviews... View More

Although not likely to have an effect on your husband's immigration process, there has been a push by the current administration to restrict or even take away green cards when anyone in the household has received a public benefit. This is not the current policy, but policy does change. That... View More

I suggest that you meet with an experienced immigration lawyer to review the request for evidence and make sure that you provide everything that they have asked for. Although you are not required to bring an attorney, sometimes the officers can be more difficult when you don't have counsel... View More

Your wife does not have to be in the US to file an I 130. She does have to have a US address where she intends to reside for purposes of the application. In terms of your next step, I suggest that you speak with an experienced immigration attorney to determine the reason your visa was denied and... View More

You can file an I 90 form to replace your green card and change your birth date. You should try to do this before you file for your citizenship. The error should not affect your ability to get your citizenship as long as you make the change.

As a manager, this would appear to be the correct category. In order to determine if you qualify, you should consult with an experienced immigration attorney. You can ask your employer to sponsor you, but ultimately it is up to them. If they are willing to sponsor you they will probably have you... View More

When your H-1b enters as part of the natural course (meaning when it is supposed to end) there is 10 day grace. (the Regs actually say 10 days before and 10 days after.) In the past there was no grace period if you ended your H1b early. Now there is a 60 day grace period or until the end of your... View More

Provided that you qualify for the 60 day grace period (meaning that your H1b status terminates before its natural conclusion), there is no prohibition to travel inside of the U.S. during that grace period.

Your question is actually a bit more complicated than you might think. You will have to navigate issues of immigrant intent and documenting his ties to his home country to prove that he intends to return there. Having said that, you do have a number of options available to you depending on your... View More