Get free answers to your legal questions from lawyers in your area.
1.If I (US citizen) marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.
2.Is there any chance... View More
answered on Oct 20, 2024
There is a chance for his tourist (B2) status to be stamped for less than 6 months. A potential Trump administration could possibly slow down the process. The I-130 AOS route will allow him to work in the US sooner as compared to the K1 process. There is a good chance for his green card to be... View More
answered on Jun 1, 2024
Apply for US citizenship when you are 31 yrs old or over. This is because the applicant's failure to register would be outside of the statutory 5-year period during which an applicant must show that he is of good moral character and disposed to the good order and happiness of the United States.
I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship... View More
answered on May 28, 2024
Marriage to a green card holder, by itself, will not provide any status protection for him before you become a US citizen but could be a basis for cancellation of removal if other requirements are met. The marriage will not have any negative impact on your future citizenship application. Consult in... View More
Good Day. I just want to ask a question about If I am married to a US Citizen, and All of us are living in the Philippines as of now. We All filed for a petition. what will happen? how long is the process? Thankyou
answered on Mar 18, 2024
The US citizen can file an immigrant petition for his spouse and children at the USCIS Elgin Lockbox; online using the USCIS website; or at the U.S. Embassy or Consulate in certain limited circumstances, as described in USCIS Policy Manual, Volume 6, Part B, Chapter 3.
Once the petition is... View More
I came after 25th birthday in USA and didn’t register for special selective services and I left USA after I got green card and visited every 11 months for couple of weeks and started living continuously since last 5 years so what should I write yes or no in special selective services question in... View More
answered on Jan 4, 2024
If you lived in the US between ages 18-26 (other than a lawful nonimmigrant) you should have registered with the selective service system. If you didn't register, explain why you failed to register or apply for N-400 afer the age of 31. I suggest you get assistance from an immigration attorney.
answered on Nov 17, 2023
Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:
* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.
* At least one of the... View More
F1 student on CPT. My dad is a permanent resident and has petitioned F2B for me (priority date Sep 22). Is it safe for me to travel while on CPT?
answered on Nov 3, 2023
Priority dates of F2B petitions take several years to become current. If there are ties and evidence to intent to return to home country after F1, it should be safe to travel
İsn’t there anything wrong? İs there anything I can do? I was 13 years old and now finally our case become current but ım 28 and they are not including me in the case because of cspa. As a lawyer what do you think sir? İs this normal to delete only 2 months from someone waited for 15 years?... View More
answered on Oct 14, 2023
As previously explained, CSPA age would be the time the I-130 was pending minus your age at the time the visa became available. If the computation is under 21, you will be eligible as a derivative. Based on the dates you provided, you can only reduce 60 days from your age at the time the PD became... View More
Dear sir, my family applied for an f4 visa category 15 years ago and finally our priority date became current. I was 13 years old and now I'm 28. isn't cspa supposed to freeze my age at 13? they are not adding me in the case saying that because cspa can not apply to me.
Visa... View More
answered on Oct 11, 2023
CSPA age would be the time the I-130 was pending minus your age at the time the visa became available. If the computation is under 21, you will be eligible as a derivative. Based on the dates you provided, you can only reduce 60 days from your age at the time the PD became "current" on Jul 1, 2023
I want information to register in USA my company and want investment
answered on Oct 3, 2023
You can incorporate or open an LLC with the Secretary of State. You get a business license in the city where you want to establish your business. You apply for an E2 visa to run the business investment. Contact an immigration attorney directly as this is a public forum.
Hi,
I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More
answered on Sep 19, 2023
1. Wife needs to get approved for a J1 waiver before she will be approved for I-485
2. Even if she switches to H4, she still needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be granted LPR status
3. You can sponsor your wife for a... View More
We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once the K1 Visa is approved. He currently work in Germany as a remote worker. My question is can he still work for his current company while living here in the US as a remote worker... View More
answered on Aug 28, 2023
He can apply for a work permit when he arrives in the US on K-1 visa. He can also apply for an EAD when he applies for AOS after you get married. I suggest you work with an immigration attorney to figure out the timing
answered on Aug 23, 2023
Overstaying for more than 180 days but less than one year would subject one to a 3 year bar from returning to the US. Overstaying for 1 year or more would subject one to a 10 year bar from returning to the US.
If a J-1 visa falls of status due to shortening of the program, and its J-2 dependents are already enrolled in a public school (say kindergarten), would they still be allowed to attend during the 30 days grace period given to leave the country?
answered on Aug 22, 2023
J-2 dependents can no longer study during the 30-day grace period. They may remain in the U.S., but must exit before the grace period ends.
My mother (I am her biological daughter) arrived in the US on a B2 tourist visa for the second time on July 4th, 2023, and I am a US citizen. Can I apply for her Green Card before 90 days ( DO NOT FOLLOW 90 DAYS RULE, because my purpose is save time for the green card process) arriving in the U.S... View More
answered on Aug 22, 2023
You can file I-130 and she can apply for I-485. I suggest doing this after 90 days from arrival. Better to work woth an immigration attorney.
I checked the last guidance from USCI and ICE and it says work remotely in OPT is allowed but it doesn’t specify if it’s outside or inside the US
answered on Aug 21, 2023
When you are outside the US, you technically don't need an OPT EAD to work for a US based company
My fiancé and I plan on getting married soon but he is on a b-2 visa. Should he leave the country during the process or wait in the country till the process is complete.
answered on Aug 21, 2023
He may be able to wait and adjust status in the US. More facts are needed to assess the course of action. I suggest you work with an immigration attorney.
I have a friend who has a visitors visa to come meet up with me for a couple of weeks. Can they stay with me the entire 6 month on the visa if they choose to?
How hard is it to extend the visitors visa if they are staying with me?
answered on Aug 21, 2023
Yes, they can stay with you for the entire 6 months. The visitor status can be extended depending on the reason. I suggest you work with an attorney.
I’m a U.S citizen and he’s a Ghanaian citizen and we will be getting married soon and I would like to sponsor him to the U.S
answered on Aug 19, 2023
I don't think that this will be a problem. He will need to apply for his fiance visa in Ghana once your fiance petition is approved. I suggest you work with an immigration attorney.
Hi. So my employer messed up the first Perm that they filed for me(although it was approved already) no I140 filed after. In the current work experience part of Perm, they mistakenly put one of the branches of our hospitals where I was not working. It was in West Virginia. I am currently working in... View More
answered on Aug 12, 2023
They can use the PD of the first one if the I-140 was approved. Beneficiaries of approved I-140 petitions for the first, second and third categories may retain the priority dates of their approved petitions for any subsequently filed first, second and third category employment based petition.
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.