Get free answers to your legal questions from lawyers in your area.
I initially submitted both the I-90 and I-751 applications within the 90-day period before my green card expired, but they were returned by USCIS due to incorrect fees. By the time I corrected and resubmitted them, I was outside the 90-day deadline. Eventually, USCIS extended my green card for 24... View More 
answered on Apr 10, 2025
To remove the conditions on your residency status you would only have had to file Form I-751, you are not required to file Form I-90 at that stage. Perhaps you misread the notice you received regarding why your I-90 was being denied.
In terms of late filing an I-751, USCIS has the ability... View More
My fiancée arrived in the U.S. on a K-1 visa in July 2023, and we married within 90 days. She received her conditional Green Card in May 2024. When it comes time to file the I-751 Petition to Remove Conditions on her Green Card, are there any income requirements that we need to meet?
answered on Mar 28, 2025
No, as part of the I-751 petition you are not required to file a new I-864, affidavit of support, so there are no income requirements to be met. The purpose of the I-751 is to ascertain if you remain in a good faith marriage with your spouse and you will be required to submit proof of the continued... View More
I have been a green card holder for five years, obtained through marriage, and we have been married for six years. We have reliably filed joint tax returns each year. When applying for citizenship, will previous years’ tax forms be reviewed, or do they just check that joint returns were filed?
answered on Mar 28, 2025
The citizenship application asks if you owe any overdue taxes, and you may be asked about tax filing history, as part of the good moral character determination. Depending on the officer you may also be asked to provide copies of your taxes/tax transcripts for the past 5 years and the officer may... View More
I applied for the I-485 in 2023 and filed the I-130, I-485, and I-765 together. My I-485 is still pending, and I have received notices that it's under review. Now, after two years, I want to apply for a travel document (I-131) for the first time. Since my I-485 is still pending and it's a... View More
answered on Mar 3, 2025
No, as you filed your I-485 prior to April 1, 2024, you are not required to pay a filing fee for the I-131. You should submit a copy of the I-485 receipt notice with your application. See USCIS website: https://www.uscis.gov/i-131
You do not need to pay an additional fee for Form I-131 if:... View More
I submitted my I-485 package along with my medical exam on March 30, 2023. Since then, it has been nearly two years, and I am aware that the medical exam expires after two years according to USCIS guidelines. My medical exam was conducted before April 2024, and my I-485 status is still pending. I... View More
answered on Mar 3, 2025
If you preemptively send a new medical exam to USCIS without first receiving a request for evidence (RFE), you run the risk of the medical exam being misplaced and not making it into your file. Instead, you can wait for USCIS to either issue a RFE for a new medical exam or wait for an interview... View More
I have to appear in immigration court and file form I-862. However, since December 2024, my husband has applied for my adjustment of status, and I have the I-797 acceptance notification for that process. Should I send my I-797 acceptance notice to the court, and what should I consider regarding the... View More
answered on Mar 3, 2025
First, if you have been issued a Notice to Appear for removal proceedings, which it appears you have since you reference Form I-862, it is very important that you attend all scheduled court hearings and inform the immigration court if you ever change addresses. If you fail to attend any scheduled... View More
I had no idea asking to re-schedule could lead to closure. Am I now forced to submit a written request to reopen?
answered on Nov 21, 2023
If your case was administratively closed, then it would no longer be possible for you to keep the original appointment. You should send a letter to USCIS requesting that your case be reopened, and an interview scheduled. Check the letter you received administratively closing the case and send your... View More
A friend asked for a letter of invitation to the united states. A simple letter inviting them for vacation for two weeks. I want to make sure I'm not liable financially for them.
answered on Nov 21, 2023
No, writing a letter of invitation would not make you financially responsible for this individual, there are certain application forms (Form I-134 or I-864) that deal specifically with financial responsibility. In addition, if your letter makes no mention of financial support, there is no basis for... View More
My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?
answered on Nov 21, 2023
In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More
I have a past removal case in the U.S. (Boston Immigration Court), but I no longer live in the U.S. I'm currently a protected person in Canada and have no plans to return or seek immigration status in the U.S. How can I formally request termination of my U.S. removal case? Do I need to file a... View More
answered on Apr 13, 2025
Yes, you would have to file a motion to terminate with the immigration court and also serve the motion on the Department of Homeland Security along with your evidence. You should be aware though that despite no longer being in the United States, case law does allow the judge to issue a removal... View More
As a Green Card holder originally granted refugee status in the USA, am I entitled to protection from the US Embassy while overseas, or would I be considered stateless in such situations?
answered on Apr 13, 2025
Most U.S. Embassies provide services and assistance to green card holders, though I am not certain what you mean by protection. Also if you originally came to the United States as a refugee you should not return to the country of your persecution, or your green card could be revoked if the United... View More
I am a green card holder returning to the U.S. through LAX after staying overseas for about 11 months. Previously, I stayed overseas for just under a year and was only asked simple questions, such as which country I stayed in. With current immigration scrutiny, are green card holders now facing... View More
answered on Apr 13, 2025
Yes, you are more likely now than in the past to be sent to secondary and questioned on your lengthy absence from the United States. You should be prepared to provide an explanation for your absence and ideally have evidence of the cause for the absence as well as proof of your continued ties to... View More
I received a notice to appear in immigration court after my asylum request was denied. Since then, I've relocated to a different city within the same state. I haven't communicated with legal counsel yet, and I'm unsure about the process to inform the immigration court about my new... View More
answered on Apr 13, 2025
Yes, you are required to file a change of address (Form E-33) with the immigration court and serve it on the Department of Homeland Security within 5 days of changing your address. https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/
The consequences for failing to update your... View More
answered on Sep 29, 2023
Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal... View More
Hello im a USA citizen but also a Israel citizen, in currently in Israel and planning on coming back to USA this month, my grandmother only has Israel citizenship and wants to come with me, how would that work? Am I able to invite her or anything of that sort
answered on Aug 11, 2023
Although it was announced earlier this year that Israel is working with the United States to participate in the Visa Waiver Program, which would allow Israeli citizens to travel to the United States without a visa for up to 90 days. Israel has not yet been added to the Electronic System for Travel... View More
I don’t take vaccines due to religious beliefs and I don’t personally want to take something that a company isn’t liable for if I have any adverse reactions or death. What are my rights and can I still get my residency?
answered on Aug 11, 2023
Several vaccinations, including covid, are required as part of the medical exam (Form I-693). If the requirement for a vaccination would be contrary to your religious beliefs or moral convictions, you would have to submit a Form I-601 waiver. You can read more about the requirements for the... View More
answered on Aug 11, 2023
You can apply for a reentry permit that allows you to remain outside of the United States without returning for up to a two-period. You can read more about the permit here: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf
Also, you should be aware that even though the... View More
The applicant (family-based visa, F3 married child over 21 years old petitioned by U.S. citizen parent) did not show up on the first interview because he/she was not medically cleared, and that the clinic requested the applicant to have additional medical tests in multiple dates, and now the... View More
answered on Aug 9, 2023
The applicant should contact the U.S. Consulate where the interview was scheduled and ask that the interview be rescheduled, if the interview date has already passed there should be no need to wait any longer to contact the consulate for a new interview date.
My husband (GC holder) and I (Visa) has our interview yesterday. It went well but officer told us that no visas were available for my country (Venezuela) we are wondering what to do now. Do we just wait?
He is about to become a citizen is a week and officer said we can update application.... View More
answered on Aug 9, 2023
If he remains a green card holder, then you have to monitor the Visa Bulletin (Final Action Chart) to see when your priority date becomes current, and the visa has become available. As long as the priority date was current at the time of the filing of the adjustment, USCIS will keep the case on... View More
I-485
answered on Aug 9, 2023
You do not indicate under what basis you are filing for adjustment of status but if you are required to be maintaining lawful status in order to be eligible for adjustment you should not wait until the last minute to file the adjustment, particularly as there can be mailing delays or other issues.... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
