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I have indefinite leave to remain in the U.K but received it after i had my children which are now 17 & 18. I am in need of advice on how to obtain passports for them. Are they entitled to American passports because I'm an American Citizen? When they were born i didn't have indefinite... View More

answered on Apr 20, 2021
Dear US citizen,
For your children to derive US citizenship depends on if you meet the physical presence requirement and whether or not you were legally married to your children's mother. Your children's right to derive citizenship depends on several factors, including if you... View More
My question is if I got denied from 3rd country embassy (overstated my visa for about 140 days before I applied for asylum) how can I go back to US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview... View More

answered on Mar 31, 2021
Hello,
It seems that since you arrived in the US, you have been proactive in finding ways to remain in the US with your family legally. Your inquiry poses multiple immigration issues that need to be addressed by scheduling a meeting with an experienced immigration attorney. I invite you... View More
i havea b1 visa valid until 2024 and i have over stayed for 6 years and i want to come back. idont have any felony or criminal record. what are my options during immigration check at nyc airport. i will be travelling soon from india to usa.

answered on Mar 26, 2021
Dear Overstay,
I will assume your B-1 non-immigrant visa was issued around 2014. You then came to the US and overstayed your authorized stay of presumably 6 months for more than a year. This alone bars you from seeking admission into the U.S. for 10 years, at which point you will allow to... View More
Hi. I applied for US Permanent Resident in October 2019 and I received the card in April 2020. I am a relative of a US citizen. If someone wants to pay me for a voluntary work i did in January 2020, will that be considered illegal? what are the exceptions USCIS provides? Thanks

answered on Mar 18, 2021
The question poses two issues: unpaid wages by an employer (regardless of immigration status), which I won't discuss, and the impact of work without authorization on a family-based petition. I will assume that you were granted lawful permanent resident status through marriage to a US citizen... View More
Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... View More

answered on Mar 12, 2021
As a general rule, a B1/B2 non-immigrant visa does not allow a foreign national to have dual intent. Some foreign nationals are granted specific types of non-immigrant visas and could show a future interest in immigrating to the US while holding a non-immigrant status. I strongly recommend you... View More
My husband and I are disabled and live along in the house, He uses a walker and me a wheelchair, have been very difficult because we don't have family close and some times one of us falls at dawn in the night and we have to tried to help our self take long time but we do.

answered on Mar 10, 2021
This is not my practice area, neither I am in New Mexico. But you should reach out to the New Mexico Aging and Long Term Services Department. https://www.nmaging.state.nm.us/our-services.aspx
Is there any way to get him considered legal, he has a tax ID because he is a subcontractor, he has never been in trouble. Got deported because of racial profiling, he has no tatts, had 1 earring at the time but the cop said he looked like a gangster.

answered on Mar 10, 2021
I am sorry to hear what your husband went through. He should get an ITiN #; you could reach out to the tax preparers agency to see if they could assist you with that. Regarding his immigration status, I don't have enough facts to provide you with a more accurate answer. Still, he may be... View More
My mother has GC I551 (77 no exp) and has lived lived outside USA with limited trips back and forth to USA with no issue getting through US immigration until 2019 when they questioned and allowed her through on a Visa waiver, which states that her GC is no longer valid. Question is my mother is now... View More

answered on Mar 9, 2021
Hello, unfortunately, there is a presumption of abandonment of her LPR status based on the information. The green card that she was issued is a green card that did not have an expiration date. Green cards are only proof of status, not the status itself. Based on this set of facts, in more... View More
How long after the approval of i130 can a prospective immigrant wait to submit an affidavit from someone who meets the current guidelines? My husband lost his job, Im not sure if our approved i130 can "expire" if we dont go ahead with the immigration process soon. I dont know anyone else... View More

answered on Mar 26, 2020
I will assume that your husband intends to proceed with consular processing. As a general rule, the petition does not expired but if the petition was transferred to the National Visa Center for visa processing and you do not respond to their communication within a year, the petition may get... View More
I'm a Swedish citizen living in London with my American now husband. We've been living together in Sweden and the UK for over 5 years, and just got married a month and a half ago in Sweden. We're in the US temporarily to visit family, before heading back to London to start the... View More

answered on Mar 24, 2020
Dear Jennie & Thomas,
I am happy to hear that you are taking the necessary measures to be safe. The answer is yes. You can apply for your green card. I will strongly advise you to apply sooner rather than later to allow enough time for you to get a travel document so in the event... View More

answered on Jan 29, 2020
First, you do not need an attorney to represent you before the Immigration Judge; you can do it prose. It is crucial to discuss your case with an experienced immigration attorney to determine any forms of relief available to you if any.
If this is your first appearance/hearing, you can... View More

answered on Jan 15, 2020
You must meet ALL of the following requirements:
1. You properly file Application to Register Permanent Residence or Adjust Status by Dec. 20, 2020;
2. You are a national of Liberia;
3. You have been continuously physically present in the United States during the period... View More
Girlfriend is pregnant and lived in new Mexico while I am in California.can I move to new Mexico and continue my citizenship process without it affecting my mother ?

answered on Jan 10, 2020
Dear Future Dad,
I don't understand the question. If you like you can schedule a telephonic consultation with us in order to understand your concerns and better guide you.
Sincerely,
Patricia C. Wall, Esq.
Immigration Attorney
If I'm able to move to new Mexico and still hold my citizenship process

answered on Jan 10, 2020
Dear Future Dad,
If you decide to move while your application for naturalization is pending before USCIS you need to file a change of address form (Form AR-11) with the appropriate office. In theory, they are supposed to update the system and your naturalization interview should be... View More
Hi My Ead clock stopped 15 day after that not running what is the reason ?
My clock stopped in may 2018 but now I already went in court November 2019 for my master hearing but now also my clock stopped not running same 15 days.. and my individual date in June 2020
Now what I do... View More

answered on Nov 15, 2019
Dear Asylum Applicant,
I am sorry to hear about your asylum clock issue. If you believe that your asylum clock was stopped in error you should contact the court administrator where your removal proceedings are pending and inquired about the issue. They will be able to tell you what's... View More
My daughter is 26 years old and was born in Germany (she still lives there now with her family).
Her father (US Citizen), was in the Army and stationed in Germany.
We were never married.
He is on her birth certificate.
Also did she have a military ID card for a few... View More

answered on Nov 13, 2019
If she is not married you can file petition on her behalf and wait for the immigrant visa to become available.
There might be another avenue for her to immigrate to the US even as adult child of a US citizen but that will require and in-depth consultation with an experience immigration attorney.
?
My husband is in the military and is getting stationed in Germany next December that is December 2020. I am in his orders and i am aware that I qualify for expedite citizenship. I wanted to know how many days ahead can I apply for the citizenship??

answered on Oct 24, 2019
Dear Military wife,
Thank you for supporting your husband in his decision to be a member of the US Armed Forces.
You can go to the USCIS website and find helpful information regarding requests to expedite a naturalization application for spouses of military personnel.... View More
Their father already took kids to border and left with his family for 8 months.. I want to prevent this as well as reverse custody of my other child back to me..

answered on Oct 15, 2019
Madam,
I am not a family law attorney neither authorized to practice law in your state but you need to contact a family attorney in your area ASAP regarding this matter or if you don't have the means to afford an attorney you can contact legal aid and see if you qualified for their... View More
I married to usc in removal proceedings? I’m 24 and she’s 45 we had age gap i have all supporting and clear and convincing documentation.
Joint lease .
Joint accounts .
Joint utilities.
Pics.
401k retirement beneficiary
Life insurance... View More

answered on Oct 15, 2019
Congratulations on your marriage!
First, if the marriage took place after the initiation of removal proceedings, there is a general prohibition under the law to not approved this family petitions unless the petitioner request in writing and with Form I–130. The request must state the... View More
Can I sent response to RFIE myself, without using my attorney this time? Thank you

answered on Oct 14, 2019
I will strongly advised to the contrary. If you have a professional and diligent attorney you should, by all means, continue working with him regarding your application for lawful permanent residence in the US.
Please make sure that your attorney is authorized to practice law and has... View More
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