Get free answers to your legal questions from lawyers in your area.
I need to know what to do, i'm lost?
answered on Feb 25, 2021
The U.S. citizen spouse can file the FORM I-130 and I-130A on your behalf.
If you entered the U.S. lawfully, you can file for adjustment of status (FORM-485).
There are other forms that are required and others that you can file to request additional benefits.
An experienced... View More
I feel he has got riped off .
answered on Feb 25, 2021
The immigration court system is bogged down with more than 1.2 million cases and some cases have been pending for 9 years and more.
You can always ask the attorney to provide you with an update and a copy of the file.
You can also visit an experienced immigration attorney and... View More
I am an MBA and mechanics engineering graduate, residing in the US for 2 years, there is a company interested in hiring me. What should I do?
Is there any other option to obtain work permission?
answered on Feb 24, 2021
You can ask your prospective employer to prepare to file for the H-1B status on your behalf in April 2021. The prospective employer will need to register with USCIS on or after March 3, 2021 in order to be eligible to file the FORM I-129H.
An experienced immigration attorney can assist you... View More
hi.. I'm American citizen can I still sponsor my spouse who live out of USA even though he once overstay his B1\B2 visa for less than 1 year in 2019r****he didn't get deported he just left*****??
answered on Feb 19, 2021
As a U.S. citizen you can file a relative petition ((FORM I-130) on behalf of your spouse.
If your spouse was in unlawful presence in the U.S. for longer than 180 days but less than 12 months then a waiver will have to be filed.
An experienced immigration attorney can assist you in... View More
I'm specifically seeking to be admitted on a O-1 visa so I can live and work in the US temporarily.
Does being a former permanent resident have a negative effect on my ability to obtain such a visa?
answered on Feb 18, 2021
Your former status as Permanent Resident of the U.S. is a factor that will be viewed by the U.S. consulate in determining whether you are eligible for a non- immigrant visa.
In your request for the non- immigrant visa , you will be required to show a lack of immigrant intent an
I'm planning to marry a women who live in the united states but i have a question. we didn't start the process (the paper work like I30, etc...) at this time my son is 17 years old and 3 months and at the time we start the paper work he will be so close to turn 18 . even he might... View More
answered on Feb 18, 2021
The timing of your marriage to a U.S. citizen is extremely crucial. A marriage before your son turns 18 years of age will be advantageous in your case. Hence the U.S. citizen may be able to file a relative petition (FORM I-130) for each of you depending on the timing of the marriage.
An... View More
hello . i have a question please provide me with the answer .... if i marry a U.S citezen before my child turn 18 like in the date on the marriage certificate was before he turn 18 can she still sponsor him with me even though she filed the form I30 after he turned 18 as long as the date on the... View More
answered on Feb 18, 2021
The timing of your marriage to a U.S. citizen is extremely crucial. A marriage before your son turns 18 years of age will be advantageous in your case. Hence the U.S. citizen may be able to file a relative petition (FORM I-130) for each of you depending on the timing of the marriage.
An... View More
I'm French citizen living in the US as a permanent resident. I would like to avoid becoming a long-term resident as I don't intend to stay in the US forever. Is it possbile to obtain a O-1 non-immigrant visa instead?
answered on Feb 15, 2021
As an immigrant to the U.S. holding a permanent resident status, you are not eligible to obtain a non- immigrant visa such as the O-1.
You must no longer be a U.S. lawful resident in order to qualify for a non- immigrant status or visa.
Before you abandon your resident status, you... View More
I am also a USA citizen and it’s been very long and frustrating is there any way that they can come faster or is there any ways that I can help?
answered on Feb 12, 2021
A sibling petition for a citizen of India will take at least 15 years before an immigrant visa becomes available. Your siblings can wait several more years or should explore other avenues such as employment or investment based visas.
I am a US citizen living in the US and my fiancée is a Mexican citizen living in Mexico. We would like to start the process for attaining a K-1 visa. However, my fiancée currently has a tourist visa application in process. Do we need to wait for the tourist visa process to complete before... View More
answered on Feb 9, 2021
The B-1/B-2 visa is a non- immigrant visa that requires a lack of immigrant intent.
The K-1 requires an immigrant intent.
For these reasons, the request for the B-1/B-2 will have to be abandoned if you wish to pursue the K-1 fiancée visa.
Good luck to you.
He has tried to cross the border before and was caught but ask to sign a paper that he voluntarily left the USA.. is there still a chance for me to bring him over here
answered on Feb 8, 2021
If you are a U.S. citizen, you can file a FORM I-129F petition on behalf of your fiancé. Your fiancé can then apply for the K-1 visa at the U.S. consulate after USCIS approves the petition.
If you travel to Mexico and marry, then you will have to file the FORM I-130 relative petition... View More
I have MBA degree and 3 years experience in related work
answered on Feb 6, 2021
If you can obtain a job offer that requires your degree then the prospective employer can file for an H-1B status with USCIS. The prospective employer will have to commence the process as soon as possible in order to timely file the petition this year.
An experienced and qualified attorney... View More
answered on Feb 2, 2021
You can reach out to any of the immigration attorneys who respond to questions in the JUSTIA Ask a Lawyer platform and ask if they can accommodate your request.
Good luck to you.
Is it easier for her to get another tourist visa and once she’s her I put in the application to fix her status?
answered on Jan 26, 2021
-If you are a U.S. citizen, you can file the FORM I-130 on behalf of your mother.
-If your mother was subject to the 10 year bar and has been in Mexico for the past 10 years then she will not need to apply for a waiver for the unlawful presence.
-I do not recommend that your mother... View More
answered on Jan 25, 2021
The FORM I -130 instructions indicate the following:
You must submit two identical color passport-style photographs of yourself and your spouse (if he or she is in the United States) taken within 30 days of filing this petition.
The photos must have a white to off-white... View More
I am a US Citizen planning on petitioning for my foreign wife. A third-party source I read said to include copy of foreign spouse birth certificate when filing the I-130 petition but I can’t find that information anywhere on the official gov website or forms. It seems foreign birth certificates... View More
answered on Jan 20, 2021
A spousal relative petition (FORM I-130) does not require the birth certificate of the beneficiary. The petitioner’s birth certificate can be submitted to USCIS if the petitioner was born in the U.S.
answered on Jan 9, 2021
You do not need to be in possession of a valid passport to be eligible for naturalization. You will need to comply with all other requirements to file the FORM N-400 with USCIS.
Good luck to you.
bringing him here in the USA. In Wisconsin, you can't marry again not until after 6 months from the date of divorce. My question is can I file my I-129F Petition for Alien Fiance now of do I have to wait after six months to file the petition?
answered on Dec 24, 2020
One of the requirements of the FORM I-129F is that you must be unmarried at the time of filing of the petition with USCIS. You will not be required to marry your fiancé until the K-1 is issued by the U.S. consulate and your fiancé enters the U.S. which will not occur within the next 6 months.... View More
My parents are green card holders can they sponsor me a daca recipient. We entered the us legally back in 1992,and overstayed. However my parents are now legal residents. Ive kept my daca status since it was created and have never left the us.
answered on Dec 20, 2020
One of your lawful permanent resident parents can file the FORM I-130 (relative petition) on your behalf if you are unmarried.
As a DACA recipient you are not accumulating unlawful presence upon the issuance of DACA by USCIS. Depending on the age you obtained DACA, you may not have... View More
answered on Dec 10, 2020
As a U.S. citizen, you can file the relative petition , FORM I-130, on behalf of your brother. The request for asylum by your brother is not an impediment to the FORM I-130.
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.