Get free answers to your legal questions from lawyers in your area.
The uscis refused my I 94 that expired last aug and they sent me by mail that a valid form of I 94 is required in order to go on processing my I 765 form
answered on Jan 5, 2016
What application did you file? It could be that the application you filed for required you to maintain lawful status.
Hi
We got married in our home country and came to USA with my spouse. We had a baby with some health issues and she is getting services from the government. After baby was born my husband and his family are trying to avoid me. I am worrying that my husband will not extend my visa status and... View More
answered on Jan 5, 2016
Since you are on H-4, you should be able to get your own EAD. Second, if there are any abuse issues, you may qualify for a U Visa. Third, for your child, there is humanitarian parole (although it is generally for people who are outside the U.S.).
My dad is going to apply for political asylum in the US(he is currently there).He's taking my mother sister and brother there.Im a senior and i want to finish high-school in my country.
answered on Jan 5, 2016
No, your college application and any immigration visa related to your college application (F-1 visa) will not be affected by your father's asylum application. One piece of advice, make sure all of your family members maintain their underlying immigration status; otherwise, if denied, they will... View More
I'm a citizen of Sweden studying computing at the ETH Zurich in Switzerland, currently at the Bachelor level but will go for the Master+possibly PhD. After finishing my studies, I am considering immigrating to the US to contribute to the field, initially by working for an important company,... View More
answered on Jan 5, 2016
Hi, yes you can enter the US on ESTA for an interview. Several IT companies sponsor H-1B, then sponsor green card (I do not know of any that will spend thousands of dollars on someone who has never worked for them). You may want to look at the NIW (EB-2) category, which is our firm's... View More
I have a SSN, already earning income through my campus jobs. However, I would like to make some more with "trading" phones through eBay and Craigslist.
answered on Jan 5, 2016
Your work authorization (CPT) is tied to your degree, as is OPT (post-graduation). In my opinion, selling phones on EBAY while you are in the US, is in violation of your student status. It is not worth it in the long-run.
Hello, my younger brother is going to finish high school in Sweden this summer and has applied to the UC Berkeley. If admitted, he will apply for an F-1 visa.
Now, the problem is: I know the F-1 is not dual-intent, and that you need to state a 100% intent to return to the home country after... View More
answered on Jan 5, 2016
Legally, he need only describe his intent at the time of entering the US. His interview should focus on student status.
It is called an "affidavit of support" but is not the I-864.
Got green card on August of 2010 in March 2011 Got ARRESTED For Domestic Violence. Pleaded no contest got 6 months probation. In 2013 I got arrested again for petty larceny pleaded guild and got 60 days suspended sentance. I left the u.s. and got a temporary residence card in the Netherlands for 10... View More
answered on Dec 29, 2015
You need to hire an immigration attorney; 99% of calls we get regarding naturalization are from clients with convictions who filed their applications without an attorney.
Hello, I have a situation and I don't know what the best thing to do. I'm a daughter (more than 21 years old) of a green card holder. My mom got her green card about 5 months ago. I'm here with my visa expired. I don't want to go back to my home country and the lawyer that is... View More
answered on Dec 29, 2015
First, what date is listed on your I-94? That is what controls unlawful presence not the expiration date on your visa. Second, how much unlawful presence do you have? If less than a few months, you can retain us to file a change of status. Third, if you unlawful presence, even if your mom... View More
I was wrongfully accused and convicted of the crime and would hope that it doesn't affect my wife in this matter.
answered on Dec 29, 2015
Your petition will be adjudicated pursuant to the Adam Walsh Act (for instance, you will be finger-printed). You need to hire an immigration attorney for this since you must prove that you pose no harm to your spouse. Our firm works with specialists who provide reports that help in obtaining an... View More
but my question is my brother is under 21 and child can he come with mother
answered on Dec 29, 2015
You can file for him, but he will not be able to enter the US with a green card for 11+ years (no immigrant visa is available for him). Your mother is an immediate relative -her case is not preference-based.
We have some concerns regarding inadmissibility. My fiance (Canadian citizen) is having some dental issues. She does not have dental insurance and dental care is not covered by Canada's nationwide healthcare program. There is a social assistance program that temporarily helps with dental... View More
answered on Dec 29, 2015
It is never helpful to obtain public assistance (as that presumes you will do the same when you are in the U.S.). Get off of it ASAP. That being said, it should not make you "inadmissible."
I know im not a citizen so for my citizenship status I chose alien temporary. But no other option relates to me other than c14 deferred action? Is that the same as c33? Which is what I chose when applying for DACA. Please help!
answered on Dec 29, 2015
Dreamer is "Deferred Action for Childhood Arrival" which is different than "Deferred Action" for adults.
We overstayed our visa date by 10 years. And I was 16 when we wanted to return back to our country and left USA. Now 20 I want to know if I can return to usa or if I'm banned to ever return.
I was thinking I can go to us because I was a minor when I left USA. Need some help
answered on Dec 29, 2015
First, the "visa" expiration date does not matter; how much longer did you remain after your I-94 expired? If more than one year, then you are subject to the 10-year bar. Unlawful presence is not counted for the time you were under 18 years old. However, if you remained outside the US... View More
i have applied in March 2015 and I have not received my visa yet. I had to defer summer semester and Ido not like to defer fall semester (24 August)
What can I do receive my visa as soon as possible?
answered on Dec 29, 2015
Visas are issued only if you are outside the U.S. Did you file a change of status in the US? If so, it depends on which Service Center it went to; California is taking 2.5 to 3 months whereas Vermont is taking about 12 months (yes, one year).
My boyfriend came to the united states when he was just 3 years old, he is now 23 and we just had a baby. I am a citizen of the UNITED STATES, we have been together for over 4 years now. What can we do to start his process and what will we need?
answered on Dec 29, 2015
Did he enter the US legally (was he inspected and admitted) or any other complications? This makes the difference between hiring an attorney to handle the matter.
I am currently living in Tunisia with my husband and we would like to come home to America. My mom would like to be a joint sponsor as I don't have enough income and assets.
She and my step-dad are on SSDI (not SSI) don't make quite enough per month and don't have assets... View More
Filing docs for spouse and it needs certificate number, I am currently on a business trip for the extended period so do not have original on me.
HI ,
I have filed H1B for my wife on March 2015 .Its got picked up in lottery and acknowledged with petition number .After that till now I dont see any update on that saying its in security check.So my question is could I file her H4 as a dependent of mine .Please advice.
answered on Dec 29, 2015
No, if she is consular processing then you must obtain your approval, which she will need to present at her interview.
Hello,
I have some questions about the J Visa wavier
1- I was a PhD student in the US and was having a J Visa with the condition of the 2 years home residency. After finishing my PhD, I went back to my home country for only one year and then come to the US as a research associate... View More
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.