Questions Answered by Deron Edward Smallcomb
Q: If I am married Can I file for i129? If not what is the the fastest way just to bring my wife to US? I am US citizen.
I am a US citizen who is married but wife is in another country.
An I-130 marriage based petition would be your only true option. While the K3 visa exists still on paper, it is now administratively cancelled once the i-130 is approved, virtually guaranteeing that it will never be processed. Essentially, the K-3 process isn't even worth considering and is a... Read more »
Q: Is it possible to obtain a US Work Visa by forming a US Corporation and hiring yourself in it as a foreigner?
I would like to know if it is possible to obtain a US Work Visa as a german citizen by incorporating a Company in the United States and hiring yourself as the CEO of that exact same company. Technically that would make you an employee of that company and therefore you should be able to get a US... Read more »
You need special authorization to hire foreign workers in most cases. There may be other options however. You should contact an experienced immigration attorney to discuss your situation.
Q: Can I live in US based on grounds that my entire family is here after my Visa expires
Hi I am currently on h1b and my wife on h4 from India came to US from India on f1 Visa.My parents are permanent resident and I have one Brother who is US citizen through spouse. I don't have anyone back home In India. I have 3 kids all US citizens . I don't have my green card petition filed yet... Read more »
How old are your children? Perhaps they can apply for you. But as far as just staying because your family is here, without proper documentation, that isn't allowed.
Q: My son is born one month after I submitted petition, I-130 form, for my spouse. Can I add our son to that petition?
I have a status of LPR. In January 2019 I submitted I-130 form for my wife. In February 2019 our son is born. Is it possible to add him to that petition I have already submitted for my wife or I should submit separate petition for my son?
You should consider filing a CRBA to establish citizenship for your son. An experienced immigration attorney can help.
Q: can you work in united states while waiting for green card approval
You can work with work authorization. You should contact an experienced immigration attorney to discuss the process and determine if you are eligible for that benefit.
Q: Can one petition for a K1 if their US divorce isn't recognized in the country they were married?
The Philippines doesn't recognize divorce. If a US citizen marries in the Philippines, then divorces in the US, can they petition for a K1 visa for a Filipino EU resident and then marry in the US? It seems to me that as long as that US citizen doesn't return to the Philippines, all's well, but any... Read more »
The divorce in the US would be considered valid and therefore you are free to remarry. That said, you should contact an experienced immigration attorney to discuss all the details before proceeding.
Q: Reapply EAD asylum pending on court ?
I’m in removal proceedings I filed I-589 defensively in court with IJ and have an Individual hearing Schedule for 2021, I filed ead c08 when 150 days were elapsed on my asylum application my ead was denied letter saying U filed ead before reaching 150 days. I just reapply my ead and 231 days... Read more »
If your official clock says 231 days, you shouldn't have the same issue.
Q: About submitting I-864 Affidavit of Support My current annual salary is $22,400 which is just a little more poverty
About submitting I-864 Affidavit of Support, I am applying for my husband. My total income in tax return 2018 was $22000 which $9000 of that was from self employed working type. I begin a new job exactly six months ago from 11-04-2018 until today 17-5-2019, I have a letter of employment and pay... Read more »
Using the household member, who is the intending immigrant is complicated and not uniformly processed. You should contact an experienced immigration attorney for assistance.
Q: I am a green card holder since 5 years
was arrested a year and a half ago and was charged with misdemeanour for selling a counterfeit item , when can I apply for citizenship ?
You can apply for citizenship at anytime after you've been a Green Card holder residing in the US for 5 years. However, your criminal charge, if convicted, can pose a serious threat to actually being granted citizenship. You should contact an experienced immigration attorney for advice.
Q: Immigration Officer stamped my passport with a standard leave to enter when I have an Indefinite leave to remain.
On May 13, 1983 I was granted a Leave to Remain in the UK for an indefinite period visa and since then I have maintained this status by not staying outside the UK for more than two years. During my last visit on July 29, 2018 the border force immigration officer in Edinburgh stamped my passport... Read more »
You should contact an immigration lawyer in the UK, not the US.
Q: I were admitted at UNF as a student with F-1 visa (I was seeking for it), but while waiting the interview I got married
And we applied for green card. So now I can’t be an F-1 student anymore and I’m confused about my admission. can I study? And if I can what rights I’ll have? (Paying like an international student or resident?)
My university can’t answer me on that and they are saying I need to talk... Read more »
As advised by your University, you should contact an immigration lawyer for assistance.
Q: I been Madrid 8 months now nd I don't get it
I'm not sure what you are asking if anything. If you have an immigration related matter, you should contact an experienced immigration attorney.
Q: Hi! Is it possible to come to USA with a K1 visa marry a US citizen and return back to your home country for a while?
How are you going to re-enter the USA?
The K1 visa is a single entry visa. If you leave before adjusting status, you will not be able to return without either Advanced Parole or starting over with a marriage based petition. As this is a complex issue, you should contact an experienced immigration attorney for advice.
Q: I am GC holder who applied for my 3 year old son for a green card in July 2018. It is now May 23rd 2019.
My Son is out of the country. Is it normal to take so long? I filed in Texas.
It usually takes around two years.
Q: When filling an i129 fiance visa.. does petitioner have to provide criminal record check or just a brief history of it
Like why it has happened. Doesnt the USCIS do there own background check.
It depends what the criminal history is. If you require a criminal history waiver, you should definitely contact an experienced immigration lawyer for assistance.
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.
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.
