Would my household be of 2 me and my fiancée or would I have to include my mom even if she works and isn’t my dependent. Thank you in advance .
No. You do not count your mom. Here is a great guide on the subject: https://www.ilrc.org/sites/default/files/resources/intro_guide_affidavit_support-20180410.pdf
Best wishes!
A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant.... Read more »
I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »
This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!
Hopefully your employment for the US company is considered to be engaged, performed and paid in Canada. Otherwise, you may be "working" without permission it the U.S. If you have any doubts as to this, I would recommend consulting with an immigration attorney who handles employment based... Read more »
I have applied for change of visa status after my marriage to a US citizen from B-2 to Green Card. The application has been received by the USCIS and I only have receipts from USCIS for my application. Can I travel by air freely within the US after my B-2 visa expires while USCIS processes my... Read more »
You should check with the airline that you will be travelling with but usually domestic travel does not require a valid visa, only valid ID. I would recommend that you bring the Notice of Action showing that you filed for your green card in case Border Patrol did get involved for some reason. Best... Read more »
03/2019 Pardon waiver approved
IR1- both in USA ( I’m a citizen asking for husband)
5/15/2020 Case sent to NVC and completed
5/28/21- received a letter from NVC that our case “ immigrant visa is documentarily complete at the National Visa center ...The next... Read more »
There is no way to know/predict for sure because it depends on how busy the Embassy is and how fast they are working on catching up with their COVID caused backlog. You can call the Embassy where the file was sent to see if they will let you know the date of immigrant visa documentarily qualified... Read more »
The RFE asked on March 15 2021 was for a tax paper. I would like to stall the process for a while. How long do i have before i must submit this paper and proceed for the interview and also avoid revokal
The reason is i am winding up and selling my properties which is taking time... Read more »
You should upload the final document within one year from the time of the request for it by NVC. Any further delay may be problematic. But I hope you realize that due to COVID restrictions and backlogs there may be a significant wait between NVC sending your file to the Embassy (once documentarily... Read more »
When a U.S. citizen adopts a 15-year-old foreign national, and the adoption takes place in the child's native country, are immigration benefits (allowing the adoptive parent to apply for a family-based U.S. visa for the child) conferred onto the child immediately or after a certain waiting... Read more »
A child is an adopted son or daughter of his or her U.S. citizen parent if the following conditions are met:
The child is adopted in the United States or abroad;
The child is adopted before he or she reaches 16 years of age (except for certain cases where the child may be adopted... Read more »
Thank You ! My Mother Who 's been a Legal Permanent Resident in Fort Lauderdale Florida For 7 Years (Second Year After 1rst renewal / Second Card) She is 72 & Would Like to become a Natural Citizen ... Again , What Steps Shall be taken recalling She 's an Illiterate..?... Read more »
Your mother will need to file an application for Naturalization (See: https://www.uscis.gov/citizenship/apply-for-citizenship). She may be eligible for an exception to the English and civics naturalization requirements if she is illiterate due to a physical or developmental disability or a mental... Read more »
Hello, we have filed an I-130 and an I-485 for my mother-in-law who is currently in the US on a visitor's visa. UPS confirmed that the documents reached the USCIS office months ago, but we haven't heard anything from them. At what point are those forms considered "pending",... Read more »
The Adjustment of Status is considered "pending"/in processing from the time it is received. So your mother-in-law is not accruing unlawful presence from the time the application was received. Best wishes!
My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... Read more »
Your refusal to facilitate the renewal of your daughter's passport may be taken into consideration in the family court if your wife asks for the Court's assistance in this matter. Best to consult with a family law attorney on that topic. Also, if you want your daughter to return to the... Read more »
My Grandparents have made a condition on their Trust that no funds should go to issues of my Mom who are not permanent residents of the United States. I have been living in Germany under temporary residency permits and now I’m in California considering moving back to US now in order to protect... Read more »
The term "permanent resident" of the U.S. in immigration law context refers to someone who is NOT a U.S. citizen but has obtained the right to permanently reside in the U.S. (a.k.a. Green card) and is physically present in the U.S. typically at least 6 months out of any year (so not to... Read more »
My question is in regards to the income. If we both met the requirement but he needs to stop working for awhile do we need a joint sponsor even if I make enough for our household size? or would my income be sufficient for when we go to the interview
Your income as intended immigrant can be counted towards the minimum income needed so you should not need a joint sponsor. Did you however have a lawful entry to the US to qualify for Adjustment of Status?
He has since become a UK national in the 1980s. We were in a romanticrelationship of sorts but not a married one, as he was very abusive. Could I still be prosecuted for this?Thanks.
This is a question that should be asked of a British solicitor as the alleged crime was committed there/UK. Best wishes!
I am a Canadian citizen and stuck where I'm at during covid. In order to go back home to Canada, I must do 1 or 2 stops in the US. I am nervous I might have some problems traveling back to Canada but need to come back home in Canada to visit my doctor and refill my medicine. Back in the 1980s... Read more »
Travelers transiting in the U.S. to other countries are considered to be present in the U.S. no matter how short their stay is. If you are departing from an airport where you clear U.S. customs BEFORE you ever get on the plane then your American customs will determine your admissibility status... Read more »
I have a Florida DL for more than 35 years, Had a green card, broke the law and now have an Order of Supervision indefinite. Each year I report to ICE, apply for EAD renew and than get DL. I know the law chances all the time but since COVID. I sent for my EAD back in March 2020, still have not... Read more »
It depends on the DMV. You can try and worst they can do is decline. Best wishes!
My American citizen child just turned 21 and is going to petition me to get a green card. He is a college student so he doesn't have the income for the affidavit of support. I don't have anybody else I could ask this for, it's very intrusive. The USCIS site says I don't need the... Read more »
Your son needs to complete the Affidavit of Support but your income can be counted towards the minimum income required so you won't need another sponsor. If you are doing the Adjustment of Status on your own, I strongly encourage you to at least consult with an immigration attorney to make... Read more »
I am married to a U.S. citizen, It's been almost 7 weeks that I have mailed the form I-485, but I have not yet received the receipt notice of I-485. Is this normal?
It depends on where you mailed your application but some places are taking 6-8 weeks to send receipt notices. Hopefully you mailed your application with tracking or proof of delivery so you are sure that it got there. If you don't get anything from USCIS within 12 weeks I would recommend... Read more »
I have green card for 7 years now, I had a criminal history- Felony theft in 2011, charges that changed to a misdemeanor then setaside or expunged back in 2014. Immigration is aware of the charges since it happened before I obtained my green card-LPR. Do I need to mention the charges again on my... Read more »
You will have to disclose the criminal history in your citizenship application. It can affect your eligibility because one of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good... Read more »
Hypothetically.
Lets say a Canadian went to the US and married an American. They have a kid. But the Canadian doesnt have a valid passport. One day he wants to visit his canadian grandparents with his family and decides to go north. The child has passports and the wife a visa. At the... Read more »
Officially only a valid passport guarantees entry to Canada but some claim to have entered on expired passports. It would be best if the Canadian citizen applied to renew his passport via mail before returning to Canada. But if a Canadian citizen does attempt to re-enter Canada with expired... Read 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.
