he was arrested with minor charges a year ago but case was dismissed. he graduated high school with a 4.2 gpa. im planning on getting married next june and need to know if he will have to go back before we get married. and if he does will the record that got cleared still show up and affect his... View More
J1 and J2 Visa Holders may have the 2 Year Home Residency Requirement, that would prevent the ability to get a Green Card, unless the requirement/restriction is waived. The Visa Restriction should be looked into first, and if it exists on the J1/J2 Visa, this...View More
You would have to speak with an Immigration Attorney to fully assess your parent's options, whether immigration violations could cause some complications, and to determine whether there is a risk of deportation.
Hello Sir or Ma'am, If you paid the improper amount, USCIS will likely reject the filing and return everything to you in a couple months. Please note that USCIS fees increased December 23, 2016. Respectfully.
Hello, Both may petition for you. However, each will have your Green Card application fall under different categories. The category is important because it dictates how long you will have to wait for a Green Card to become available. You will have to review the DOS Visa Bulletin. The waiting period...View More
When I met my husband he was going through deportation. After talking to a lawyer he advised us if we were going to get married anyways to do it sooner than later. My husband was granted a permit to be here after the fact we were married. But now we're not sure if we get a divorce if it will... View More
If your husband has an attorney, it is best that you raise this concern with the attorney. Merely being in deportation does not give a permit. You need a basis for getting out of deportation and starting the path to lawful permanent residence (aka green card).
Hello Sir or Ma'am, I rarely recommend leaving the U.S. when a filing is pending, assuming the Advance Parole is related to Adjustment of Status Green Card Processing. However, I 100% would not leave the U.S. on Advance Parole if it is related to a deferred action (DACA). Respectfully.
due to family problems.. i cant take my stepfather anymore.. im planning to leave his(stepfather) house .. and just worried about if he(stepdad) can report me and lie to the authorities and send me back where i came from..
Hello Sir or Ma'am, I am assuming you are a Green Card Holder (aka Lawful Permanent Resident) because you mentioned "petition." A family member, even someone who petitioned for you in the past, cannot take away your Lawful Status in the U.S. and force your return to your home...View More
The G-325A is for employment history. However, it is a good practice to cover the entire past 5 years. For instance, if you worked during some periods, were unemployed during others, attended school, or volunteered (e.g. internship), that should be provided. The...View More
I called the US citizenship and I was told I need to reside in NC for 90 days prior to filing citizenship, but by then, my 6 months prior to residency expiring deadline will be past due. what are my options ? Thanks
Hello Sir or Ma'am, Usually it is best to have a Green Card with 6+ months remaining before you file for citizenship. Some jurisdictions require this, while others may waive it. Naturalization is different from Applying for Lawful Permanent Residence. You should speak with an Immigration...View More
My boyfriend and I are planning for him to come here during their summer (April - June) because my 18th birthday is on April (important for Filipinos) and I'll be graduating on June. He will be staying with me and my family. I understand the steps and the process but during the interview, what... View More
The most important tip I can give is to be honest to the consular officer. Manila denies over 25% of Tourist (B-2) Visa Applications a year. Be clear that he is visiting a girlfriend and not a mere friend. This fact may lead to a denial, but if the officer arrives at this fact while questioning...View More
Hello Sir, Your wife will still need to sponsor you since she would be your petitioner in the I-130 form, but you can be included as the household member ("intended immigrant") in the I-864. This means that your income of $35,000 can be used to overcome the 2016 federal poverty guideline...View More
Hello Sir or Ma'am, A deed signifies legal ownership of property whereas a power of attorney is a legal instrument to allow another person to act in the place of someone else. Under the question you stated, your deed should mean that you own the home and have the power to move into the deeded...View More
We moved 250 miles due to job relocation 6 months prior to lease end (2 year lease). Landlord is holding us to remaining rent payments. We don't like it, but we did sign the lease, and have resigned ourselves to living with the consequences.
Hello Sir or Ma'am, North Carolina law states that the landlord has a duty to mitigate his damages after a breach of a lease. The law does not force a landlord to rent to the next available tenant, or to rent at all. However, if the landlord wishes to enjoy the benefit of the breached lease...View More
I have only been married 1 week. Each day I discover a different lady calling my husband really really late in the night. When they discover he is not married, they all say he only married me for a green card. I do not speak spanish. But I'm starting to believe them. What can I do?
The immigration process is not automatic. If your husband is seeking to apply for a green card based on marriage to a United States Citizen, then you (the U.S. Citizen) will have to perform certain tasks, such as filing an I-130 Petition and an I-864 Affidavit of Support. If you have already filed...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.