I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More 
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answered on Apr 6, 2024
The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More
I have my residential lease from company listing him as joint resident with me. I am divorced. Can I adopt him so he can stay and continue his education?
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answered on Mar 4, 2024
I recommend consulting with an immigration attorney to determine if your nephew qualifies for Special Immigrant Juvenile Status (SIJS). This status provides a pathway to legal residency in the United States for children who have been abandoned, abused, or neglected by one or both parents.... View More
Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More
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answered on Jan 7, 2024
Under existing U.S. immigration law, an F1 visa is classified as a non-immigrant visa. The key aspect of the F1 visa, and indeed all non-immigrant visas, is that they are intended for individuals who plan to stay in the U.S. temporarily and have no intention of abandoning their residence in their... View More
My US Citizen grandmother petitioned for my father and us his family, which makes the visa under the F3 category. The I-130 was filed May 2001 and got approved on August 2006, then the visa becomes available (final action date) on July 2020. And by that time me and my siblings were aged 19,21,and... View More
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answered on Jan 6, 2024
Understanding the Child Status Protection Act (CSPA) age calculation can be challenging to grasp. Here's an easy-to-follow equation to aid in this process and provide clarity. Here's how it works
CSPA Age = Your Age when Visa Became Available − Processing Time of the Petition... View More
I had a misdemeanor charge in 2022 for petit theft which was dismissed by completing a diversion program and later the records were expunged in 2023. I want to know how is it going to go for my case? Also once approved the 10 year GC, will i still be eligible to apply for naturalization as married... View More
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answered on Jan 5, 2024
Given your situation with the dismissed misdemeanor charge and expunged record, it's likely that your case for immigration and naturalization will not be significantly affected. As long as you avoid further legal issues and, very, enlist the services of an attorney to assist you, you should be... View More
He can apply under 241I but priority date is not current. I want to know if the process would be faster if he applies through me using the approved I-130 from his brother or do i know i need to apply for the I-130 and start the process?
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answered on Jan 1, 2024
I am not sure I understood your question. What is your current status? Are you a US Citizen over 21?
If you are a U.S. citizen and your father has an approved I-130 petition from his brother, the first step is to check the Visa Bulletin to determine if his visa might become available soon,... View More
He can take any other action. Our relationship is not good.
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answered on Jan 1, 2024
If I understood correctly, you're concerned about your immigration status in the United States in the event of a divorce from your spouse. Since your green card is still conditional and valid for two years, your status is somewhat dependent on your marital situation. However, even in the case... View More
I (42) USC applied for a green card for my parent (P), mom (69). P has a 50 years old conviction considered by USCIS to be moral turpitude. P has been rehabilitated after jail of 1 year and 4 months. P was previously denied a I-601 waiver during P second marriage to a USC, now divorced. We appealed... View More
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answered on Dec 31, 2023
Based on the information you've provided and the evolving circumstances surrounding your case, I believe there is a reasonable prospect of success in obtaining a waiver. The significant changes in circumstances, particularly your relocation to Sweden and the demonstrable impact on your marital... View More
Thank you for reply .with thanks find below details to understand my case:
Nature of crime : Aggravated Robbery ( Deadly Weapon ) at my family store .
Houston police's rejection reasons regarding U certification .
1)Not cooperative
2)This is 2nd request this... View More
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answered on Dec 31, 2023
Based on the details of your case, it seems your U visa certification was rejected due to alleged non-cooperation and lack of follow-up with the robbery division, along with the Harris District Attorney's office being unable to find criminal charges in your case. Your efforts, such as... View More
I work as an independent travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.
The mother has every other weekend visits with my daughter.
To... View More
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answered on Dec 31, 2023
To relocate you must demonstrate that relocation is in the best interest of the child. That means the move will significantly benefit the child's overall well-being. This can include:
Improved Living Conditions
Educational Opportunities
Health and Welfare... View More
What is the process and steps needed to prove moving out of state is the best interest of my daughter?
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answered on Dec 31, 2023
Demonstrating that relocation is in the best interest of the child in a custody case involves presenting evidence that the move will significantly benefit the child's overall well-being, including;
Improved Living Conditions
Educational Opportunities
Health and Welfare... View More
I am currently working as a software engineer at a media & entertainment company while on my STEM extension and wondering this would be considered "for professional benefit" if I volunteer as a photographer as a hobbyist for a local high school sports team. I did get paid as a... View More
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answered on Dec 31, 2023
Most likely, volunteering as a photographer for a local high school sports team, especially since it's a hobby and you're not getting paid for it, will not be problematic for your STEM extension status. Voluntary activities that are not for compensation typically don't conflict with... View More
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answered on Dec 30, 2023
As a current lawful permanent resident, you are generally allowed to travel outside the United States. However, the U.S. Citizenship and Immigration Services (USCIS) can schedule your naturalization interview at any time, and often with relatively short notice. If you are out of the country when... View More
Thank you for answering me through the website. I noticed the petition filed by my brother for me was sent to second stage/updated quite quickly and after 4 months it was entered " your case is taking longer than expected". Please note my brother filed petition for me in February 2022. So... View More
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answered on Dec 30, 2023
The differing progress in your and your brother's immigration cases is likely due to a combination of factors, including the country of birth, individual case details, and processing times at USCIS. Each case is unique and subject to its own timeline, which can be influenced by these... View More
Is there something I can do to appeal this decision?
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answered on Feb 6, 2024
Could you provide more detailed insights into the reasons for our CRBA application's denial? It's understood that the Department of State would have issued a written explanation detailing the grounds for their decision. This information is crucial as it may highlight the possibility of... View More
Can she travel and just bring old passport and new passport and get through customs
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answered on Feb 2, 2024
If the passport expires after obtaining a visa or other travel approval, carrying both the expired passport with the valid visa and the new, valid passport is necessary. In short, she can travel with both passports. let her present both passports.
NJ attorney, want to open a practice in Indiana, wondering whether I need to go through the formal UBE transfer process and get licensed in Indiana OR because Immigration law is federal law may I bypass this process?
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answered on Jan 8, 2024
Yes, as an attorney licensed in one state, you are permitted to practice immigration law anywhere in the United States, including opening a solo practice in a different state. You have to make sure you comply with all legal and ethical requirements (Strictly Federal Matters, No State Law). There... View More
We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.
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answered on Jan 7, 2024
I need more information:
Were you married?
what is your current status?
Have you reported those domestic violence instances to the police?
Hi, in advance Happy New Year. My U certification rejected by HPD 2 times and one time rejected by Harris District Attorney office as I mentioned in my previous posts. If there is any immigration attorney who has speciality to deal with complex U certifications please let me know. Already... View More
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answered on Dec 31, 2023
To provide you with more specific advice regarding your U visa certification issues, I would need additional details about your case. Information such as the reasons for the previous rejections by HPD and the Harris District Attorney's office, the nature of the crime you were a victim of, and... View More
I recently got but it doesn’t show my last name, but everything is correct. Should that be an issue?
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answered on Aug 20, 2023
As long as you submit a birth certificate accompanied by a photo id, you should be able to prove your citizenship.
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