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I'm a legal permanent resident. During his first tourist visa interview my fiancee, then boyfriend, said his intention to travel to the US was to meet his girlfriend's family. We later realized this was a big no no because officers then assume travelers just want to get married and stay... View More
answered on Jul 10, 2020
Hi there. The immigration officer at the consulate has discretion to determine at the interview whether or not the applicant has immigrant intent to stay in the US when applying for visitor's visa. Since your fiance already stated at the previous interview that he has a fiance living in US,.... View More
My question was if i dont get a reply from USCIS about the COS and meanwhile my i94 expires, do i have to go back to my home country. Will the COS be valid if i leave. Please suggest
answered on Jul 8, 2020
Hi there, if you have properly filed your I-539- then you should receive filing receipt showing that your case is filed and pending. During the time of adjudication of your I-539, you should stay in the US. If you leave the country, your application will be canceled. Good lack, hopefully your... View More
I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.
answered on Apr 30, 2020
Receiving unemployment will not affect your eligibility for green card.
I'm in J1 visa and I applied for an extension yet I got denied. My visa expired already when they sent me the response. I still haven't got married to my boyfriend. If he will petition me in the future and I will file my AOS, will this be a problem because I already overstayed?
I... View More
answered on Apr 30, 2020
Sine you are out of status now, the best option for you is to marry your boyfriend ( I assume he is a US citizen?).
After the marriage he can file marriage based petition for you along with the AOS application from you.
Having pending I-130/I-485 would allow you to remain legally in... View More
I am in F2B category applied for AOS .Should I put zero income on 864 from my mom if she has zero income. My joint sponsor has a household income which qualify for 125%. My 864A form for joint sponsor and household member is also missing according to RFE.
TO MY KNOWLEDGE WE WOULD SUBMIT... View More
answered on Apr 30, 2020
Hi there! Since your mom is your petitioner, she has to submit I-864 Affidavit of Support even if she has 0 income and your have a co-sponsor ( yes you put 0 for her income in the form). For the co-sponsor most likely her income alone does not qualify her as a co-sponsor, so as requested by the... View More
In a week, it is 1 year and 1 day I have been living in the US and I am supposed to send my documents to USCIS to apply for my residence under Cuban Adjust Act Immigrant Program. Does the new Trump's executive order, pausing 60 days Immigration Green Card Processing affect me? If yes, should I... View More
answered on Apr 23, 2020
Hi there! The current executive order will not affect you as it only applies to aliens who are outside of the US and applying for immigrant visa ( green card) through the U.S. consulate. However, I would recommend that you apply for green card as soon as you become eligible. Good luck!
His work Visa has expired years ago. I want to marry the love of my life. He doesn't have a criminal background. What should we do?
Thank you,
Fay
answered on Mar 30, 2020
Fay, your best option is to marry your fiance and apply for U.S. citizenship when you become eligible.
As a U.S. citizen, you will be able to file immigrant petition and application to adjust status for your husband to keep him in the U.S.
I send my immigration package after two weeks, the package will return to me by mail because one of the applications the i-485 was with an expired form, I already completed the new current form and I have to send the package, my question is I have to fill out all the forms again or I can send the... View More
answered on Mar 30, 2020
Hi there, just add new version of I-485 form to your previously mailed package, you don't have to complete all other forms again. Make sure to place green page ( that was attached to your rejection letter) on top of your submission package. Good luck!
Hello! I’m on an L2 visa. Both L1&L2 extensions were requested recently. The L1 visa holder is leaving soon, but I’d like to stay and work. Can I apply for my EAD now, even though the L1/L2 extensions haven't been approved yet? Can I stay while I wait for my EAD even though the L1... View More
answered on Mar 30, 2020
Hi there, yes you can stay in the US on a valid L-2 status even if your L-1 spouse is traveling back and forth.
As to the EAD: you can apply for EAD if your L-2 status is still valid ( if you filed for extension prior to the expiration of your L-2 status). If your status has expired, you... View More
I have a 3-year Canadian advanced diploma in Business Administration - Marketing. I have one year of work experience. Which work visa do I qualify for?
answered on Mar 25, 2020
Hi there, you may be eligible for NT-1 visa if you are Canadian Citizen - depending on your degree and if your employer will petition you for an occupation which is qualified under the TN-1 category occupations. You may be also eligible to apply for permanent residency based on labor certification... View More
if the guy i was arranged to marry tries to use our verbal marriage certification, would it work?
answered on Mar 25, 2020
Hi there! No, verbal marriage arrangement will not work for immigration purposes- you need a real official marriage certificate.
I really want to help my mother become a u.s citizen. Just dont know what steps to take .shes been here in the u.s for 26 plus years .I just dont want mom getting deported and my lil brother of 11 years to not have my mom here . Also is there an estimate on how much it would be if this was possible?
answered on Mar 13, 2020
Hi there! It’s very difficult to evaluate your moms case without more information but since she lived in the US for so long she may have some options:: for example if you are a US citizen you may petition for her to become a legal permanent residency or , she may be eligible for cancellation of... View More
I have an approved i130 since 2012 ,but my 485 was denied because the dhs asked for certified disposition for two cases which they got dismissed and the sponsor didn’t meet the standards, and now I have to go for master hearing in front of judge cuz ice put me in removal proceedings, I would like... View More
answered on Mar 6, 2020
Yes, you can use previously approved I-130 in Court. Just ask judge to schedule your adjustment of status hearing and submit your previously approved I-130 petition together with the documents showing that you are still married to the petitioner and your marriage is bona file. You will also need to... View More
I completed 5 years as LPR and more than 36 month in USA
answered on Mar 3, 2020
Most likely yes, if you have documents to show that during 183 days that you spent outside you kept your residency in the US ( driver's license, bank statements, tax returns, lease agreement etc.)
So, me and my wife get married on March 2018 outside U.S. She lives in Pakistan. After me coming back to U.S I filed for her petition but case got stuck for all these months. But, she has few months before interview. My question is I didnt visit her since 2018. Does during interview will they ask... View More
answered on Mar 3, 2020
Hi there, Generally you are not required to appear at the interview with your wife. However, be prepared to present documents showing your ongoing communication during the time when you lived separately ( copies of the Skype, phone, social media communication, etc. )- help your wife to collect all... View More
answered on Mar 1, 2020
Hi there. If you are US citizen you can apply for fiancé visa before marrying yurt fiancé , and then when your fiancé comes here on fiancé visa you can marry within 90 days of entry.
Married, no ead card yet but I do have an uscis alien number from paper work.
answered on Feb 14, 2020
No, you can't use USCIS number for the purpose of your federal tax return. You have to apply for tax ID with the IRS for your wife and child or just wait until their I-765 are approved so they can receive SSN.
We are on an E2 visa and have been on this visa for 7years.
The company is an LLC.
Can we choose to be taxed as an S-Corp or will take impact or E2 status?
(We are considered US Residents according to IRS website)
answered on Jan 29, 2020
Changing your tax status to S-Corp will not affect your E-2 visa status as long as you don’t change the ownership structure of your company.
Got an NOID for my marriage-based green card application/adjustment of status about 4 years ago and when I called the automated Immigration Courts hotline (1-800-898-7180) with my USCIS #, nothing came up. What could’ve happened? Why would they leave it hanging for that long instead of forwarding... View More
answered on Jan 14, 2020
I am sure that calling court hotline has nothing to do with receiving NOID for your pending green card based on marriage case. The NOID is not a final decision to deny its just an intent ( warning) that your case may be denied if you don't provide documents requested by the NOID. If your... View More
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