Questions Answered by Deron Edward Smallcomb
Q: Can a LPR file an I-130 & I-485 for a spouse that is in the U.S on a tourist visa?
The LPR was sponsored by a U.S. citizen relative and has been in the U.S. for almost 4 years. Her spouse resides overseas and visits her regularly on his tourist visa. Recently the LPR was diagnosed with stage 3 cancer and requires immediate treatment, so, her spouse got to the U.S. right away to... Read more »
Generally no, because the I-130 won't be current to file for Adjustment of Status. However, the spouse can file a visitor visa extension if they need to stay longer than six months. You should contact an experienced immigration attorney for help.
Q: Can I visit my country and come back legally within the last 90 days of my conditional 2 year green card?
Yes, as long as you come back before it expires. That said, you should have an extension letter by that point from filing for removal of conditions. You should contact an experienced immigration attorney for assistance.
Q: My green card expired 04/01/2016, I just noticed. I am still married to my American wife, what do I do? I-75I form??
I have been married for 5 years. I received my card 04/01/2014 and I just seen it expired 04/01/2016. We are still happily married. What can I do to fix this, what are my options? We are on a very limited budget.
You should still file the I-751 with an explanation as to why you were late on filing. If that doesn't work, your options become more complicated.
Q: hearing in removal proceedings soon, was told most/all cases are denied unless extreme hardship ie illness, options?
Just received approval for an i130 my wife who is a citizen submitted two yrs ago we were waiting for it for hearing but was told by another attorney today that we had zero to no chance that I will not be deported unless my wife or son were extremely sick i was pretty much just told to get my... Read more »
You should really discuss your case with an experienced immigration attorney. We've handled many such cases for example, and deportation is not a foregone conclusion.
Q: I have been in a green for about 7 years and would like to apply for citizenship. However I incorporated an LLC that
Has now been forfeited in MD and has not been in operation for some years. Will this have any effect on my naturalization application? What if the LLc was partly owned by a US citizen?
Unless you were committing illegal activity with the LLC, you shouldn't have any issue.
Q: US citizen marrying a foreigner abroad and living abroad with foreign partner wanting to petition for green card abroad?
I am an foreigner (dutch nationality) living with my US citizen partner in the netherlands my us partner wants to move back to the us can we start the procedure for requesting a green card while we are both living abroad? how will the sponsership work if we both are living abroad and my us citizen... Read more »
Your case is a bit complex, however your goals can be accomplished. The process would start with a spousal based filing in the United States, ultimately that will result in a Green Card. Based on the issues in your case, you should contact an experienced immigration lawyer for help. The cost isn't... Read more »
Q: If my wife is granted a spouse visa, is there a particular window of time in which she has to move to the US?
Generally, the visa must be used within 6 months.
Q: Am a green card holder from my dad,am 23& it’s been a year here,do I have Possibility to apply for citizen ?!
I have ID and ssn, am working nurse and paying taxes
My dad pass away last 6 months
You will need to be a green card holder for five years before you can file for citizenship.
Q: Married in two different countries with the same person counts as bigamy?
My ex husband and i got married in our home country in 2003. Then before we start the paperwork to bring him to USA somebody told me instead to apply for a spousal visa i should apply for a fiance visa because it was faster,and i did so. The visa was approve, and in 2006 we married in Florida.We... Read more »
You are seemingly divorced on a marriage that you lied about to the US Government. This is a complex issue and could negatively impact your life on several levels if not addressed properly. You need to speak with an experienced immigration attorney.
Q: My mom attained citizenship when I was 17 years of age ( 1999). I am now 37- Do I need to apply to become a citizen?
I just started my citizen application and was going through my now diseased mother's naturalization certificate, to confirm when she had attained citizenship, and discovered that she had become a naturalized citizen when I was 17 years of age. Does this affect my process of attaining citizenship...... Read more »
Yes, this does potentially affect your citizenship rights, in a positive way. You should consult with an experienced immigration attorney to ensure your application is done properly so you don't waste time or money doing the wrong petition or filing it incorrectly.
Q: Can I bring a friend's birth certificate into the US? I'm just visiting and they asked me to bring it for them
I have a regular tourist visa and am about to visit the US. My friend who is already in the US has asked me to bring their birth certificate with me, however I am a little nervous about this. Is it legal? Can it be a problem at customs? Should I disclose it?
I should mention that I do not... Read more »
I'd bring a written request from your friend stating that he wants you to bring the birth certificate. I'm not aware of any laws that prevent you from bringing this type of document to the USA.
Q: LPR. Away from USA for 360 out of 365 days due to a documented unforeseen serious illness. Will I have issues returning?
Probably not, but it will be at the discretion of the officer at the border. You will want to bring documentation regarding this illness so you can prove it was unforeseen. You should consider consulting with an immigration attorney for additional advice.
Q: What Visa to check on businesses every 3 months in the United States?
Hello,
My husband (US Citizen) & I (French Citizen) have businesses in the United States.
What visa will allow me to travel to the United States every 3 months to check on those businesses?
Time of each stay: 1 month.
Should I apply for E2 VISA? or do you recommend... Read more »
To answer this question, you should consult with an experienced immigration attorney to examine the nature of the businesses and your involvement in each. When it comes to business based visas, there are no easy answers.
Q: I was deported for a criminal offense for 10 years. It has been 6 years now. When can I start the paperwork process.
I am asking for a pardon. I have a husband and 4 children waiting for my return. Form I-212 is what I was told to file. I got deported to Spain but I moved to mexico because that is closer to my children.
This situations are very complex and a simple answer cannot be given without more details as to why you were deported. You should contact an experienced immigration attorney for legal advice.
Q: Does she qualify to apply for citizenship ?
Married 5 years, in the United States 3 years. He just became citizen, making her here for 3 and now currently married to a US citizen. Since he just became a us citizen does she still have to wait for 5 years due to him not being a citizens when they married or can she apply after the 3 years of... Read more »
You will still have to wait for 5 years as her Green Card was not obtained as a result of marrying a US Citizen.
Q: I submitted my citizenship application and already did my biometrics, I was wondering if I can travel out of the US?
I live in New Jersey and I was planning to go out of the country for about two weeks in August before I get the interview.
If you are filing for citizenship, you still likely have a valid green card or a green card extension. As such, you should be allowed back into the country.
Q: Im ex military and former immigration gsa guard. My question is there any b2 visa approval cases in which a u.s. freind
Sponsers a seperated foreigner due to marital abandonment? And comes to u.s. temporarily to obtain a divorce. Also husband is in agreement of divorce but has no monies and is ill?
Each case is evaluated individually by a consular officer. Your previous military experience isn't likely to affect the determination as to whether or not the foreigner has immigration based intent, the key consideration when applying for a visitor visa.
Q: Would K3 visa expedite my foreign spouse's entry into the United States?
For all intents and purposes, the K3 visa only exists now on paper. This change went into effect a handful of years ago and it all but nullified the K3 application by terminating the petition once the CR1 marriage visa was approved. As the CR1 is filed before the K3, it is almost always the case.... Read more »
Q: What is the wait time difference between a fiance vs spouse visa application?
In our experience over thousands of applications, the wait time difference is about 3 months longer for a marriage visa. That said, there really isn't a choice in the matter, you are either married or not. If you're not already married, but have met in person, you would also need to add the time it... Read more »
Q: Would a reception or church ceremony in my fiance's country invalidate the K1 visa application?
If you don't officially marry, then it wouldn't be a marriage and therefore not invalidate the K1. That said, in some countries an unofficial ceremony is still recognized as a marriage. You should contact an immigration attorney to discuss.
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.
