I am a US. Citizen and also a US Soldier and I filed both the I-130 and I-485 concurrently for my wife, she now has her green card. Our 9 year old son just got here to the US and I want to file for him as well. I need to know if its better to submit a separate I-130 and I-485 for him and pay the... Read more »
Your father must naturalize before your 18th Birthday in order to derive citizenship from him. You must have reached18 years old on or after February 27, 2001. Otherwise, you must qualify for citizenship by naturalization.
Some who file for naturalization are not only denied, but placed in...Read more »
First, your U. S. citizen or permanent resident spouse must decide whether to file the petition, but it may be denied as a matter of law, based upon a determination that you entered into a sham marriage.
You’re significantly limited in your options. The denial may have permanent...Read more »
First, you seem terribly mistaken. A person who is deportable can also be disqualified from naturalization and placed in removal proceedings as a result of filing. This, even if five years pass after the offense.
As a result, I strongly recommend an appointment or teleconference with a...Read more »
I agree. This is a complicated case that requires an exemption. I strongly recommend that you hire a competent and experienced immigration attorney. In addition, you should also seriously consider your options for emigration to avoid emotional challenges in the future.
He fell in love and married his girlfriend in January 2019. In March he filled out and sent an application for change of status. He send with the documents all the corresponding payments. Until this day he has not received any response. He called the immigration offices and they have told him... Read more »
Immigration law and the process is a complicated system. Many are disqualified and denied as a matter of law. Some forms are lost without additional forms, such as a G-1145 to try to secure proof of receipt. However, there are other means to track down files.
I have been waiting in the USA due to not being able to leave after getting an RFE, but now that I see my case was denied yesterday on the https://egov.uscis.gov website, does that mean I can just go home? Or do I have to wait for their official letter?
It is best to understand the consequences of the decision. You may never qualify for a non-immigrant visitor visa, or other non-immigration visa, if you’ve demonstrated immigration intent. There may be other concerns that such a departure can trigger.
My father secretly married a foreign woman in the US while living with another woman in the house where the foreign woman said she was living on the marriage license. Would that invalidate the marriage license? I'm asking because I'm worried that she's scheming to divorce him and take half his... Read more »
It isn’t that easy. Much more information is needed. The USCIS and State Department must disqualify those who lack the proper employer and credentials. The buy American, employ Americans program has a significant impact upon discretion.
I strongly recommend an appointment with a competent...Read more »
My mother brought me into the US illegally when I was 5 months. We stayed here, never left. She submitted a u visa in 2017. But I had a son last year(2018) with a us citizen should getting married with him be a quicker process? I am trying to continue my studies but can’t due to my legal status.... Read more »
More information is needed about your boyfriend. He may be disqualified from petitioning you. You may also have to seek a waiver depending upon your age, along with consular processing. That can take time and not everyone who files for a waiver is approved.
I am currently engaged. My priority date is March 2007. I belong to the F4 category and I reside in the Caribbean. I have a 2 year old who was born in the U.S. I would like to migrate to the U.S. with my soon to be husband and our daughter, would it be ok if I were to get married before my priority... Read more »
Yes, but it’s unclear whether he will be allowed to ‘ever immigrate’ as a matter of law and discretion. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.
If upon entering the US as a green card holder, a border security officer deems that I have not maintained residency in the US, what happens next? My understanding is that the border officer takes the green card, stamps my passport with a stamp that is good for re-entry for one year, and issues a... Read more »
This is not always the case. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Find an attorney who will explain the range of discretion that CBP has at a port of entry before you take any further...Read more »
USCIS approved my I-130 family immigration case, and currently working with NVC to finalize the documents and schedule interview at the US Consulate in New Delhi, India. The priority date is expected to become current next year around September.
(i) Meanwhile can i apply for tourist (B-2)... Read more »
If the consular official thinks that you are circumventing the immigrant visa process, the State Department can find that you committed misrepresentation and indefinitely ban you from immigration. Fraud waivers after a recent violation can prove futile, so your visa may be revoked.
A visa applicant with an approved petition who is disqualified is ‘not always eligible’ to waive the reason for the denial. ‘If’ a waiver is available, they must still meet the requirements to overcome or waive the reason for denial. Otherwise, they cannot enter the United States....Read more »
If parents are in US and they file green card for their daughter (who is above 22 yrs old) living outside US , can daughter apply for F2 dependent visa if she gets married with F1 visa holder ? Does she need to cancel the ongoing application process ?
It depends. If the friend is interested in marrying you and/or staying too long, then they should be denied. A visitor cannot have immigrant intent and is presumed to have immigrant intent until they overcome the legal presumption.
Many applicants are denied due to this sort of...Read more »
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