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Questions Answered by Agnes Jury
1 Answer | Asked in Immigration Law for Texas on
Q: How does the H1B application 2nd lottery selection work?
Agnes Jury
Agnes Jury
answered on Mar 28, 2022

Here is a good article: https://www.am22tech.com/h1b-lottery-status-submitted/

Best wishes!

1 Answer | Asked in Immigration Law and International Law on
Q: Will I be permitted entry into the USA for recreational travel?

I am a Canadian citizen, with an expired 10 year green card which I had from childhood.

Agnes Jury
Agnes Jury
answered on Mar 28, 2022

You may be asked by the Border Patrol officer to address whether you have abandoned your residency in the US and/or wish to formally do so but regardless of that as long as you are able to convince the border patrol officer that you are entering the US for recreational purposes and intend to return... View More

1 Answer | Asked in Immigration Law for California on
Q: what happens if you overstay LESS THAN 180 days your visa (I-539) due to covid usa? Can i travel to USA again without ?
Agnes Jury
Agnes Jury
answered on Mar 27, 2022

Here is a good article on that answers your question: https://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

Best wishes!

2 Answers | Asked in Immigration Law on
Q: Hello, I’m Johina in USA and I have my friend in Syria can I sent him an invitation?

I’m a green card holder , and I would like my friend to come from Syria to visit me for few months I we’ll definitely cover the entire trip costs, over there in Syria they can apply for tourist visa it’s hard over there can I send him an invitation?

Agnes Jury
Agnes Jury
answered on Mar 27, 2022

You can send your friend a completed Affidavit of Support that he can present at the Embassy during his tourist visa interview. But more important than your Affidavit is that your friend prove to the officer at the Embassy that he has sufficient ties to his home country that he will return from his... View More

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1 Answer | Asked in Immigration Law for Pennsylvania on
Q: Are ‘Tax Credits’ and ‘ Economic Impact Payments’ considered a ‘Means-Tested Public Benefits’ by USCIS?

Hello

I’m currently a Conditional Permanent Resident and when filing our joint tax return, my wife and I can claim certain Tax Credits such as ‘Earned Income Tax Credit, and ‘Child Tax Credit’ on our Federal Tax Return, as well as very similar Tax Credit on our state return based on... View More

Agnes Jury
Agnes Jury
answered on Mar 21, 2022

The benefits you listed are not "means tested benefits". See USCIS website for an explanation what is and is not:

https://www.uscis.gov/i-864p#:~:text=Federal%20means%2Dtested%20public%20benefits%20include%20food%20stamps%2C%20Medicaid%2C,Health%20Insurance%20Program%20(SCHIP).

Best wishes!

1 Answer | Asked in Immigration Law for Georgia on
Q: What does pending adjudication means ?
Agnes Jury
Agnes Jury
answered on Mar 21, 2022

It means your case is being reviewed. Best wishes!

1 Answer | Asked in Immigration Law for Massachusetts on
Q: I have a friend who is US naturalized citizen. He wants to bring his son here as a US citizen. How long would that take?

He may have done something, but I don't know yet. By the way, he's from GHANA. A friend is going to Ghana, and he wants to find out whether a form needs to be completed to be sent to the son? What are the required forms to be completed by both the father and the son? And how long does... View More

Agnes Jury
Agnes Jury
answered on Mar 20, 2022

He would start by filing form I-130 with USCIS (see: www.uscis.gov). Your/your friend's questions would be answered best by doing a consultation with an experienced immigration attorney. You can find one here on Justia.com, Avvo.com or AILA.org. If your friend can't find an attorney to do... View More

1 Answer | Asked in Child Custody, Divorce and Immigration Law for Michigan on
Q: I have a question.. My sister and her husband might divorce soon I think he was waiting for his permanent residency

He is also threatening her to take full custody of there child what can I do he threaten to take the baby away to India

Agnes Jury
Agnes Jury
answered on Mar 20, 2022

Your sister needs to hire an experienced family law attorney. If the child does not have a passport, the husband won't be able to take the child to India. If the child has a passport, the family court can require the husband to turn the passport over to mom. Best wishes!

2 Answers | Asked in Immigration Law on
Q: I’m pregnant and a us citizen. My husband is not. We are married. We are living aboard at the moment.

How can my husband come faster to the us?

Agnes Jury
Agnes Jury
answered on Mar 18, 2022

Your question is missing important information to be able to answer it. It would be best to do a consultation with an experienced immigration attorney to explore your options. There are many that offer free phone consultations. You can find an attorney here on Justia.com, Avvo.com, or AILA.org.... View More

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2 Answers | Asked in Immigration Law for Maryland on
Q: Hi, I will be applying for a green card. My husband doesn't have an income

We were planning to ask his mother to be a joint sponsor, she lives with us. Now, trying to figure out if she meets financial requirements- she is a widow and have no one depending on her, so her income needs to be a minimum for a one household member. Is that right? The fact we live together... View More

Agnes Jury
Agnes Jury
answered on Mar 16, 2022

Item 7 of Part 5 on page 4 of form I-864 gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence.... View More

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1 Answer | Asked in Employment Law and Immigration Law for Florida on
Q: Can a work visa from the Philippines be transferred to a live in nanny/caregiver visa and granted to a family?

Philippine resident is here on work visa (with the public school system) that is due for renewal in August. We would like to hire this person as a live in nanny/caregiver as well as educational support for our son who is 3 and gifted, there is not an easy solution for his education at this time. We... View More

Agnes Jury
Agnes Jury
answered on Mar 15, 2022

It depends on what visa she is here on now. This is a type of question that is best addressed through a consultation with an experienced employment immigration attorney. You can find one here at Justia, Avvo.com or AILA.org. Best wishes!

1 Answer | Asked in Immigration Law for Georgia on
Q: How do I prove legal and physical custody when applying for a passport using the derived citizenship?

I was born outside the U.S and became a citizen through the naturalization of my father in 2015. He got his citizenship before I turned 18. I'm currently 23. My parents aren't married but they've been together since I was born. I meet the derived citizenship test. I was planning to... View More

Agnes Jury
Agnes Jury
answered on Mar 14, 2022

If your parents were not married, you will need to show a court order acknowledging that your father is your biological father (known as "order of filiation") as well as an order that grants him legal and physical custody of you. It may be joint legal and physical custody with your mom... View More

3 Answers | Asked in Immigration Law for New Jersey on
Q: Should I apply for I-539 or i-485? Or both?

Hi.

My mom has nonimmigrant visa(10 years).

This is her second visit to the US(she came here before on 2016) . I am US Citizen and I applied I-130 for her online. Her stay will expire next month and I want to extend her stay. I am a single mom, working full time and all my family is... View More

Agnes Jury
Agnes Jury
answered on Mar 12, 2022

If you file for an extension of her status (I-539) and it is denied, her 10 year visa will be automatically revoked. For that reason, it would be better to file for permanent residency/green card (I-485) before your mom's stay expires. If you filed for green card after your mom's stay... View More

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1 Answer | Asked in Immigration Law on
Q: Thanks for answering Can I enter US as a Canadian citizen and renew my green card in US without getting Visa
Agnes Jury
Agnes Jury
answered on Mar 9, 2022

Generally, even if you do still qualify for a green card, your application will likely be denied if you apply for the green card again without there being (i.e. before) a formal determination that you abandoned your permanent residency or before you surrender your permanent residency. I recommend... View More

1 Answer | Asked in Immigration Law on
Q: Hi I am a US green card holder Canadian citizen living and tudying in canada looking to renew my green card due in May

I haven't travel in to US since December 2019 due to covid 19 my question is is there any problem if I stay out the country more then 6 months thanks

Agnes Jury
Agnes Jury
answered on Mar 9, 2022

Yes. You will very likely have to get a returning resident visa. See: https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

Best consult with an experienced immigration attorney to discuss your situation and options. Best wishes!

2 Answers | Asked in Immigration Law for Texas on
Q: USCIS scheduled me for interview even when I was in removal proceedings. I thought its only court that can.

I like to know if it’s USCIS can grant interview even when I am in immigration proceedings in court.

Agnes Jury
Agnes Jury
answered on Mar 8, 2022

More information is needed but YES there are circumstances under which USCIS can schedule an interview even if you are in immigration proceedings. Best wishes!

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3 Answers | Asked in Immigration Law for California on
Q: I became a USA citizen last year. I have a 4 year old son in Costa Rica I want to petition to bring here with me.

My 4 year old son currently lives with his mom in Costa Rica but I would like to bring him here with me if possible, how can I get him residency or citizenship.

Agnes Jury
Agnes Jury
answered on Mar 2, 2022

To bring your son to the US you need to start by filing a Petition for Alien Relative with USCIS. Once this petition is approved you will have to upload additional forms and documents to National Visa Center and then your son will have an interview in the US Embassy where he resides. There are fees... View More

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1 Answer | Asked in Immigration Law for California on
Q: My partner and I have been married for 6 years, We recently finished the interview for my green card application

and should be receiving a green card in a few months if everything goes well. We have a business loan under my partners name and I found out that he has been gambling a lot of money from the loan. We talked, but can't find a solution, so I am thinking of getting legal separation or divorce.... View More

Agnes Jury
Agnes Jury
answered on Mar 2, 2022

Your green card should be valid for 10 years (i.e. not a conditional one valid for only 2 years) so your divorce should not cause a problem with respect to your immigration status. Consult with a divorce attorney on how to protect yourself from further damage. Best wishes!

2 Answers | Asked in Immigration Law on
Q: Recently married a Panama resident and im a US citizen, how long is the advanced parole process so he can come to us?
Agnes Jury
Agnes Jury
answered on Mar 2, 2022

You should consult with an immigration attorney and/or engage the services of one to help you with this process. Best wishes!

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1 Answer | Asked in Immigration Law for Kansas on
Q: If i just recently passed my citizenship interview can I travel outside of the US with my residency card?
Agnes Jury
Agnes Jury
answered on Feb 26, 2022

Yes. You are not a citizen until you take the Oath. So as long as you still have your residency card you can travel subject to the usual requirements of re-admission to the US. Best wishes!

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