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Questions Answered by Agnes Jury
1 Answer | Asked in Immigration Law on
Q: I'm a 68 yr old South African. I'd like to begin the process of applying for a green card. My daughter is a US citizen.

I travel on a UK passport and have a B1/B2 visa. I understand that the first step is for her to file an alien relative petition as my sponsor, is that correct? How long does this process generally take?

Agnes Jury
Agnes Jury
answered on Nov 27, 2022

Filing the Petition for Alien Relative is the first step in applying for a green card. However, if you are applying for Adjustment of Status (i.e. process of getting a green card while being INSIDE the United States), there are additional forms you would file. The next steps are different when you... Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: How soon after marriage can i apply for my non us citizen spouse to live and work in the country

Please include what petitions will have to be filled to do so.

Agnes Jury
Agnes Jury
answered on Nov 23, 2022

For an attorney to advise you WHEN to file for a green card would require more information about your and your spouse's specific situation. Obviously, the first step an attorney would want to do is to make sure that your spouse even qualifies for a green card. For those reasons it would be... Read more »

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1 Answer | Asked in Immigration Law for Virginia on
Q: Can I travel outside USA within 90 days before applying for naturalization N-400?

I have been hearing that I cannot travel outside Usa within 90 days before applying to naturalization N-400 form. I don’t see anywhere in the requirements that I am unable to travel within 90 days before applying for naturalization. Could you please advise me if I could apply for naturalization... Read more »

Agnes Jury
Agnes Jury
answered on Nov 5, 2022

It is not just 90 days before applying for citizenship that is of importance. There is a "continous presence" and " physical presence" requirement for naturalization elligibility. Learn more about those here: https://www.uscis.gov/policy-manual/volume-12

If you are not...
Read more »

1 Answer | Asked in Immigration Law on
Q: Can a Canada visit visa holder exit and enter through US road border after 6 months stay in Canada.

Or they will have to exit North America and then come back as a visitor to Canada.

Agnes Jury
Agnes Jury
answered on Nov 4, 2022

The entry into the US depends on the person's country of citizenship (not the country from which they are coming/passing through) and the visa/stay requirements for that country.

Best wishes!

1 Answer | Asked in Immigration Law for Utah on
Q: I am a US citizen and I get married to an immigrant will they become a legal citizen
Agnes Jury
Agnes Jury
answered on Nov 4, 2022

The mere fact of being married to a US citizen does NOT confer legal status to an immigrant. However, if the immigrant qualifies for adjustment of status they could acquire legal status by becoming a permanent resident and eventually a US citizen. Best to do a consultation with an experienced... Read more »

2 Answers | Asked in Immigration Law for California on
Q: I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired .

I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired . Unfortanetly I just found out while checking on any updates That I was suppose to file for the I-751 . I am in disbelief and don’t know what to do because I read that they can deport... Read more »

Agnes Jury
Agnes Jury
answered on Oct 29, 2022

So your green card has been expired for almost a year? Normally, if your failure to file was through no fault of your own, you can file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be

excused if...
Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: I plan on marrying my girlfriend who is a Kenyan citizen. I was curious on what the process for immigration would be?

We have been together over a year and I will be visiting again in November/December which I will be proposing to her. So I was hoping to get some information on how the immigration process would be to have her eventually be with me in the US.

Agnes Jury
Agnes Jury
answered on Oct 12, 2022

I would recommend you do a consultation with an immigration attorney to go over the process, requirements and timeline and so you can ask questions as this is explained. Many attorneys such as myself offer free phone consultations. Best wishes!

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1 Answer | Asked in Immigration Law for California on
Q: Filed I-131, it was accepted and fee taken. Have not received biometrics letter but status is updated fingerprints taken

Does this mean they are using biometrics from a previous application and I do not need to wait for a biometrics appointment before leaving the US?

As of September 6, 2022, fingerprints relating to your Form I-131, Application for Travel Document, Receipt Number xxxxxxxxxx, have been applied... Read more »

Agnes Jury
Agnes Jury
answered on Sep 9, 2022

Most likely yes, but you should have received a notification from USCIS letting you know that they are going to re-use your previous biometrics info. Check the notices you received. Best wishes!

1 Answer | Asked in Immigration Law for Florida on
Q: I am a Permanent Resident since 1979= Legal, and wanted to renew my Green Card again. PAID in February still waiting

Went to field office Orlando in April 4, 2022 { for biometric on renewed Green card};

PAID in full in February. Unable to reach Anybody when # called. Can you Please help?

Agnes Jury
Agnes Jury
answered on Sep 9, 2022

If you filed in February 2022 then it is likely normal that you are still waiting. You can check processing times at: https://egov.uscis.gov/processing-times/

If you filed in February 2021 you are likely outside of processing time (double check at USCIS processing times page) and can submit...
Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: How to get citizenship for a person that is 63 and has been in the US since he was 6 months old
Agnes Jury
Agnes Jury
answered on Sep 6, 2022

It depends on many facts that you do not provide. Best to do a paid consultation with an experienced immigration attorney. Best wishes!

3 Answers | Asked in Immigration Law for Florida on
Q: should i seek a new attorney for the adjustment or stay the course.?

Attorney lack of adequate preparation cost us $2K and panic travel. We have our K1. Should we stay with him through adjustment process or find new attorney?

Agnes Jury
Agnes Jury
answered on Aug 25, 2022

You should always feel comfortable and confident working with an attorney. If you are having doubts as to their abilities or costs, I would recommend that you have an honest conversation with that attorney to allow him/her to address your questions and concerns. If you are still not feeling good... Read more »

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2 Answers | Asked in Immigration Law for Michigan on
Q: Do I need to apply the Reentry Permit?

I am a permanent resident, 68 years old, wife and 3 children are US citizens, Prof. of Economics at Kansai-University (PhD from Michigan).

I was told at DTW that I need to apply the Reentry Permit since I spent more time in Japan than in US. I could come back to Ann Arbor to see my wife... Read more »

Agnes Jury
Agnes Jury
answered on Aug 6, 2022

If you don't intend to spend more than 6 months out of a year in the US after you retire then it may be better to officially relinquish your permanent residency (although you may have already abandonned it) and seek a tourist visa which should be sufficient for your couple of entries per year.... Read more »

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1 Answer | Asked in Immigration Law for Illinois on
Q: Documents to show proof of US citizenship?

I’m applying for the N400 form after marrying a US citizen (and obtaining green card through marriage). My husband was born in China but was adopted by US citizen parents. He has a US passport but no naturalization documents. Can he use his adoption papers or US passport to show proof that he is... Read more »

Agnes Jury
Agnes Jury
answered on Aug 6, 2022

Passport AND adoption documents may be enough to prove citizenship. If it is not, USCIS will send a Request for Evidence and you can do a Freedom of information act (FOIA) request to USCIS for a copy of his naturalization certificate. Best wishes!

1 Answer | Asked in Immigration Law for California on
Q: Sent General Correspondence to USCIS Before RFE Notice Delivered

After 40 days, my RFE Notice Letter regarding EB-1A case just delivered yesterday. On the 20th day, I sent a physical letter to USCIS Texas Sevice Center notifying them that the RFE had not been received yet ( done in addition to the online method instructed ).

Also, on my account, it says... Read more »

Agnes Jury
Agnes Jury
answered on Jun 27, 2022

You can respond to the RFE as long as it is before the given deadline to respond (listed in the RFE). Best wishes!

4 Answers | Asked in Immigration Law for California on
Q: I need help filing an I-601 waiver for immigration purposes.

I have been considered inadmissible at the moment but I have the requirements to void this.

Agnes Jury
Agnes Jury
answered on Jun 10, 2022

You need to file an immigration attorney that handles waivers. You can look for an attorney here on Justia.com, Avvo.com or AILA.org. Best wishes!

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2 Answers | Asked in Immigration Law for Ohio on
Q: Hello I’m trying to submit my applications for spousal I-130 and I-485 from F-1 should i submit i-130 online?

I have my apps together can i someone look over and give comments before i submit? i have one month left before i am illegal

Agnes Jury
Agnes Jury
answered on Jun 9, 2022

I would not recommend separating the I-130 from the I-485. I would file both (with the other forms) via mail (i.e. paper application). As to reviewing your application, there are many immigration attorneys that offer document review services. They charge per hour (usually in 15 minute increments)... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: Can a re-entry permit be used as passport to travel to other countries? I'm a LPR w/o passport from country of origin.

I cannot get a passport from country of origin. So, can i show the re-entry permit booklet instead of a passport.

Agnes Jury
Agnes Jury
answered on May 18, 2022

No. The re-entry permit is only relevant to the US Border Patrol. You need a passport to travel to other countries. Best wishes!

1 Answer | Asked in Immigration Law for New Jersey on
Q: I got married nov 2019. Then me and my husband filed so he can get his temp green card. We share a sim together.

I seperated from him oct 2020 because I found texts between him and a family member telling them to get the permanent green card and leave me. Divorce finalized with agreement that I have sole legal and physical custody. No child support. He sees his child once a month. Now he’s waiting for... Read more »

Agnes Jury
Agnes Jury
answered on May 9, 2022

He will not get permanent residency if you do not attend the interview with him. If you want to make sure he doesn't get the permanent residency, send in your divorce decree to the field office where the I-485 is being handled and where the interview is to take place. Best wishes!

2 Answers | Asked in Immigration Law for Illinois on
Q: I want to apply for my parents green card i am us citizen. I dont have employment so can i qualify to apply if i dont

Have a source of income for my affidavit of support to show . Can i show my husbands salary in the affidavit of support?

Agnes Jury
Agnes Jury
answered on May 6, 2022

You need to complete the affidavit of support (I-864) and you can use your husband's income in your affidavit BUT he will also have to complete and sign the Household Member Contract (form I-864A). Best wishes!

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1 Answer | Asked in Immigration Law for Illinois on
Q: I am a us citizen.. i am planning to apply for my parents green card but i am not employed to show income.

Can i show my husbands salary as affidavit of support in application

Agnes Jury
Agnes Jury
answered on May 6, 2022

In order to use your husband's income he would have to complete and sign the household member's contract (form I-864A). https://www.uscis.gov/i-864a. Best wishes!

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