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2 Answers | Asked in Immigration Law for California on
Q: Do I have to have 6 months validity on my passport when I go for an immigration visa interview at the embassy?
Agnes Jury
Agnes Jury answered on Oct 25, 2021

Yes. You need to have a passport that is valid for at least 6 months from the date of the interview. Best wishes!

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5 Answers | Asked in Immigration Law for Florida on
Q: My mother wants to petition her adult non married children's but she does not know how to start the process.

If she need an immigration lawyer and if so, how much it will cost her.

Agnes Jury
Agnes Jury answered on Oct 19, 2021

As long as she is a US Citizen, she would start by filing a Petition for Alien Relative (form I-130) for each of her children that she wants to come to the US. She can find the form and the fee at www.uscis.gov. It is strongly recommended that she at least consult with an experienced immigration... Read more »

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4 Answers | Asked in Immigration Law for Florida on
Q: I need a lawyer to assist me with the inmigration services for my husband getting his green card. He is ilegal.
Agnes Jury
Agnes Jury answered on Oct 19, 2021

You should start by doing a consultation with an experienced immigration attorney to make sure that your husband qualifies for the green card. You can find an attorney through Justia. com or AILA.org. Immigration attorneys can practice anywhere in the US so you don't have to limit yourself to... Read more »

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3 Answers | Asked in Immigration Law for Georgia on
Q: Filing form I-485 separately after I-130 was filed online.

I am a U.S. citizen applying for Green Card for my mother. She is currently on a B2 Visa admitted until 11/23/2021 per her I-94 record number. I filed I-130 online on July 27, 2021 and received confirmation of receipt from Potomac Service Center. They are currently processing June 04, 2020 I-130... Read more »

Agnes Jury
Agnes Jury answered on Oct 18, 2021

Yes. You can file for Adjustment of Status while you are waiting for a decision on her I-130. Make sure to include a copy of the Notice of Action confirming receipt of the I-130 and a copy of the I-130 that was submitted. Best wishes!

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2 Answers | Asked in Immigration Law on
Q: I have an Etsy shop based in Canada but I’m going to be in Montana for 5 months. Can I run my shop there without a visa?
Agnes Jury
Agnes Jury answered on Oct 18, 2021

This is not a simple answer and immigration attorneys sometimes differ on their interpretation of what is considered "employment" under immigration laws. Here is a great article that demonstrates the law and thought processes:... Read more »

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3 Answers | Asked in Immigration Law for Georgia on
Q: Can I travel with expired green card?

So my Green Card expired and the I-797 Notice Of Action ( Extra 18 Months ) has been expired also

My question is I have to travel outside the United States can I do that with my expired I-797 notice?

Thanks

Agnes Jury
Agnes Jury answered on Oct 12, 2021

You should not travel with an expired green card without a valid extension. You can call USCIS and request an INFO Pass appointment to get a stamp in your passport that will extend the validity of your conditional card. If your case is taking longer than USCIS processing times (check here:... Read more »

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4 Answers | Asked in Immigration Law for Virginia on
Q: Does the 90-day rule for the green card application apply for F1 visa? I traveled this summer, but was in the US before.

My partner and I want to get legally married so that I can start the green card application process. I've been in the US for college since 2017. I graduated in May and got an OPT extension that's valid until July 2022. I was travelling to visit family in Italy this past summer, and... Read more »

Agnes Jury
Agnes Jury answered on Oct 12, 2021

Here is a good article on the 90 day rule: https://citizenpath.com/90-day-rule-adjusting-status/

And if you and your partner have been together for a year or more and you have good reasons for wanting to get married (other than just to get a green card) then getting married now will not...
Read more »

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1 Answer | Asked in Immigration Law for California on
Q: 90 days rule for adjustment of status and applying for parents greencards

We just became US citizens and I want to adjust the status of my parents by getting them their greencards. I read about the 90 days rule, is it absolutely necessary and if I file before that will USCIS deny their greencards? They have been travelling on a B2 visa for more than 15 years and never... Read more »

Agnes Jury
Agnes Jury answered on Oct 11, 2021

Here is a good article on this subject:

https://citizenpath.com/90-day-rule-adjusting-status/

If you still have questions or concerns after reading this article, I recommend you do a consultation with an experienced immigration attorney. Best wishes!

2 Answers | Asked in Immigration Law for Illinois on
Q: I had a green card for 2 years because I got married. After 2 years I applied for form I751. It is taking a long time.

Why is it taking it taking such a long time to process?

Agnes Jury
Agnes Jury answered on Oct 4, 2021

If your Petition is taking longer than the current processing time then you can submit an inquiry to USCIS.

See: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

Best wishes!

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3 Answers | Asked in Immigration Law for Connecticut on
Q: Overstay for 28 years. Married to a US citizen since 2016. Can I adjust my status after so long? Is it worth trying?
Agnes Jury
Agnes Jury answered on Oct 4, 2021

I would encourage you to do a consultation with an experienced family based immigration law attorney to make sure you qualify because if you do qualify, it is most certainly "worth trying" to get a green card. Best wishes!

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4 Answers | Asked in Immigration Law for Michigan on
Q: Oath Ceremony cancelled

I applied for my N400 based on 5 years on employment based Green Card. I was interviewed the same day with my wife with different USCIS officer. My wife was given a RFE as she mentioned that we owe money to IRS, asking to provide evidence of payment and last 5 years of Tax documents. I was... Read more »

Agnes Jury
Agnes Jury answered on Oct 1, 2021

You can call USCIS at 800-375-5283 to inquire about your oath ceremony or submit an inquiry at https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

Best wishes!

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4 Answers | Asked in Family Law and Immigration Law for Ohio on
Q: I was legally married in Japan. Do I need an American marriage certificate?
Agnes Jury
Agnes Jury answered on Oct 1, 2021

As long as your marriage and marriage certificate is valid in Japan, your Japanese marriage certificate is fine for USA immigration purposes . Make sure to have the original and submit a Certified copy of the original document along with a translation (including certification of translation). Best... Read more »

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4 Answers | Asked in Immigration Law for California on
Q: Where can I find a great lawyer online licensed in the state of CA?
Agnes Jury
Agnes Jury answered on Sep 21, 2021

Here on Justia. If you are looking for an immigration lawyer you should try www.AILA.org. You can also try private attorney referrals such as www.avvo.com. Best wishes!

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3 Answers | Asked in Immigration Law on
Q: How can an Indian apply for US citizenship?
Agnes Jury
Agnes Jury answered on Sep 15, 2021

You don't provide enough information in your question. Here is general information about applying for citizenship: https://www.uscis.gov/citizenship

Best wishes!

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2 Answers | Asked in Immigration Law for Wisconsin on
Q: Is the "Preparer" of the I-130A also the "Interpreter" for the I-130A?

'm the husband (sponsor) of my wife (the beneficiary). I prepared the I-130A for my wife and listed myself as the Preparer. Do I also have to list myself as the Interpreter? My wife speaks English, but if there's any part that she reads and needs a clarification from me on what it is, do... Read more »

Agnes Jury
Agnes Jury answered on Sep 13, 2021

If she speaks English and knows the words but you are helping her understand the meaning of something (rather than translate from English to her native language) then I don't think you need to list yourself as the interpreter. Best wishes!

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3 Answers | Asked in Employment Law and Immigration Law for Texas on
Q: Is working remotely for a foreign country considered unauthorized employment without a valid working visa?

I live within the US and am in the process of adjustment of status

Agnes Jury
Agnes Jury answered on Sep 13, 2021

This is not a simple answer and immigration attorneys sometimes differ on their interpretation of what is considered "employment" under immigration laws. Here is a great article that demonstrates the law and thought processes:... Read more »

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3 Answers | Asked in Immigration Law for Texas on
Q: Do we have to wait after our marriage to file for a marriage based green card

We got married about 3 weeks ago after me being here for 8 months as a student. Is there a waiting period before filing?

Agnes Jury
Agnes Jury answered on Sep 9, 2021

There is no specific waiting period but there are certain pros/cons to the timing of filing that depend on your specific situation and needs. I would recommend that you at least do a free phone consultation with an immigration attorney to discuss those pros/cons before you file. Many attorneys... Read more »

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2 Answers | Asked in Immigration Law for Georgia on
Q: Can I still apply for a fiancé visa even if my fiancé is living in a different country with a expired visa?

Would they need to apply for refugee status in their current location then proceed? Or go to a different neighboring country with a visa and be there legally then proceed?

Agnes Jury
Agnes Jury answered on Sep 7, 2021

Your question is very confusing. I would recommend doing a phone or in person consultation with an immigration attorney to evaluate your fiancee's options. Best wishes!

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2 Answers | Asked in Divorce and Immigration Law for Massachusetts on
Q: Immigration does not recognize 1991 divorce from the DR. Does he have to get a divorce here in MA to be recognized?

Both husband and wife did not have a domicile in DR at the time of the divorce. Now in 2021, he is trying to remarry but immigration states before getting married to someone else he needs proof that one or both needed to reside in the Dominican Republic of which neither lived in DR. Is there... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

The divorce parties have to comply with the residence requirements of the place of divorce in order for that divorce to be recognized by USCIS. In other words, the validity of a divorce abroad depends on the interpretation of the divorce laws of the foreign country that granted the divorce and the... Read more »

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3 Answers | Asked in Immigration Law for New York on
Q: Will a civil marriage in the country of Georgia be accepted in the United States as legal?

I am a resident of New York State who is currently living and working in the country of Qatar and I plan to marry my Filipino fiance in the country of Georgia in November and apply for a spousal visa to the United States afterwards. And I just wanted to make sure that a marriage in the country of... Read more »

Agnes Jury
Agnes Jury answered on Sep 7, 2021

In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is... Read more »

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