It’s one thing to say that you can and another thing to prove it. Some applicants may have other issues that complicate the waiver process.

Many applications for waivers are delayed or denied, because the evidence to prove the claim was not enough as a matter of law and/or discretion.... Read more »

A B2 visitor for tourism cannot lawfully live and work in the U.S. You must have a work visa where your employer must prove that it has a need for you to work in the U.S.

That means, if you are working and deriving an income, while residing in the U.S. in non-immigrant visitor status, then... Read more »

Your dad has to tell the truth, show remorse, and demonstrate good moral character. This is an old conviction, so he ought to be able to overcome any concerns.

He has the right to representation, outside the interview and through correspondence. Any representation is best engaged before a... Read more »

This may create complications, but it’s unclear. Some attorneys may be able to provide assistance, but it can take more of a commitment by the clients.

That may take years, even decades for a fourth preference family based visa depending upon where he is from, but the best time to file the petition is as soon as possible!

There may be other issues that potentially disqualify him, so it’s always best to consult with a competent and... Read more »

Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first... Read more »

It depends. Often, not.

In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS... Read more »

If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.

Also, if you have not yet become a... Read more »

If you identified Germany as the place where immigrant visa processing will take place, then she must process her immigrant visa in Frankfort. If everything stays the same, and the visa petition is approved, then she will have to return to Frankfort. That is, she will do the medical with a... Read more »

If the first case was denied, the it is possible that the second USC husband is disqualified from filing a form I-130 petition as a matter of law. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the situation before there are any other... Read more »

You can do whatever you want.

More information is needed if you are concerned with whether you will ever be approved for a visa in the future. Were/are you accused of a domestic violence? What are the facts? Did you go through any sort of court mandated classes? What is the maximum... Read more »

The form I-140 is used for most forms of employment based immigration. That means that the documentation needed will depend upon the category, but more importantly whether you qualify. Too often, applicants are denied, who lack the qualifications, required certifications and/or verifiable... Read more »

You will have to file a form N-565, pay $555, and wait. The current processing times can exceed 11.5 months. For more information, go to www.uscis.gov or schedule an appointment with a competent and experienced immigration attorney.

More information is needed. Why did you miss the biometrics appointment? It’s unclear why you didn’t show up. You may want to file, again. You may have filed the wrong form.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney... Read more »

In some situations, it is best to seek a K-1 fiancé visa due to very long petition and visa processing delays at USCIS and NVC for immediate relatives such as spouses.

An Aadhar card is a form of identification in India that seems more fraudproof than American forms of identification.... Read more »

No. You must have been physically present in the U.S. since June 15, 2007 to qualify for what is known as DACA. However, a Texas Federal District Court suspended the DACA program. This is known as Deferred Action for Children of Aliens.

The DREAM Bill failed to get enough support in... Read more »

That seems unwise, but it depends upon your situation and relationship.

If you get married, then you will 'significantly delay processing' and be separated even longer. It is best for your fiance to come into the U.S. as a K1 fiance, so that you can both get to know each other... Read more »

In general, No! Judges must focus primarily on the requirements for an immigration benefit. Also, whether a foreigner meets at least those requirements.

Note that for other immigration benefits, outside of the immigration court, it depends upon for what purpose. For example, a person who... Read more »

Don't make any plans to travel until you file and the USCIS actually issues a Re-Entry Permit. It can take a long time. That said, the better option is to try to file for naturalization provided that you qualify as a matter of law and are not otherwise disqualified. In these situations, I... Read more »

Your husband may want to return to Sri Lanka for consular processing. It is challenging to transfer consular processing to Canada once the I-129F petition is filed and approved. The time frame for such transfers can prove frustrating to applicants.