Can someone who entered US with immigrant visa & has already paid the $220 green card processing fee leave US before receiving their green card in the mail? Because he is a student in the middle of the school term.
He is a student in the middle of the schools term. His mom will stay... View More
He was found guilty of Malice, assault and felony murder. And charged with life with out parole under the state of Georgia judge. He is currently serving time and has been for over a few years now, but recently went in front of a immigration judge and has been ordered to be removed back to Jamaica... View More
As a Canadian citizen, am I allowed to establish an LLC in the US and get paid via 1099 instead of W-2? I would be in contract with a US-based sponsor for my TN visa of course. Based on what I read, I cannot sponsor myself using an LLC that I establish in the US, but I would not be doing that.
If you are employed for more than 183 days, then you are a tax resident. If you are employed in TN status, then you are not an independent contractor, so the W-2 form is the appropriate form, not the 1099.
Creating a company can cause confusion as to whether you are engaged in employment...View More
I mentioned this ticket to my lawyer later on I came to find out he marked yes to question 24 and 25 on part 12 of the application. Which imply being charged and convicted for a criminal offense. I was only given a speeding ticket and a fine. Should I say no to these questions in the interview and... View More
If your attorney is not going to the hearing or interview, then you may need another attorney to attend. You’ll need proof that you did not have a traffic offense where there was a fine for more than $500. Let the adjudicator decide whether the answer is yes or no. You were ‘cited’ for a...View More
I came through US Mexico border. I have issued a Notice to appeal to appear in the court on a certain date. What should I do if my case is not on the immigration court hotline or website at all? Should I send my I 589 to
You must file an asylum application, within one year of entry, where you believe that you have a well founded fear of persecution on account of one of the required causes. Otherwise, you can lose your right to seek asylum and a green card.
You must file with the proper USCIS office, at a...View More
This is confusing, because you indicate that you pled guilty, so warrants are not the issue.
If you are inadmissible based upon a deportation order and/or the criminal convictions, then you must seek a waiver of inadmissibility if you may qualify for one. You may also need to file for...View More
If the immigration judge closed the case in absentia, the respondent didn't attend because he/she didn't receive any NTA (old address). The respondent is going to file a motion to reopen, but the judge will deny it, and the respondent will file an appeal with the Board of Immigration... View More
My reasons for this extension is that I wish to stay with my son who is doing PhD here, and support him. I also wish to travel US. I am retired from my job in my home country and have no duties awaiting there. Can you let me know what reason should I provide so that the request is not rejected?... View More
A visitor visa is for visiting, not for living and working in the United States. There is a presumption of immigrant intent every time you apply, so seeking a second extension, in addition to remaining in the United States, tends to demonstrate that you don’t want to leave.
If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm... View More
If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.
It seems like the adjudicator was giving you a chance. Your...View More
Hi, I was working in the USA on H2A visa. After a month of working and doing everything that was asked of me to do I was called into the managers office and told that im being dismissed and sent home because i was stealing hours from them.
He said that on 3 different days i left early but i... View More
I just got an approval for i130 to apply for status adjustment under my spouses green card. We are starting i485 process but, i need to travel back home in 4 months and current advance parole is taking 8-11 months.I have valid f1- student visa for my doctoral degree. Is it better to apply i485 with... View More
You must stay if you want to adjust status. You now have immigrant intent for any future admission so advanced parole is mandatory. There may also be other complications with the adjustment. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney who...View More
You must first prove to the satisfaction of an U.S. asylum officer or border inspector that you have a credible fear of persecution. Once done, you must file another application, then prove that you have a “well founded fear” of persecution on account of the limited reasons.
I am a US citizen, I have applied for my father to immigrate to the us as a permanent resident. The Case has been approved and is at NVC for further processing. But my father has changed his mind to immigrate to the U.S on a permanent bases at this point, and wants to wait for later in his life to... View More
Quite a bit of consequences. His visitor visa may be revoked when and if he visits. He may get upset or lie to a CBP Officer, which can result in a permanent ban on lawful immigration. Encourage him to be patient and wait.
The process gets more restrictive every year. The costs also go up....View More
We are a mortgage broker and we would like to hire an accountant that is very bright but is under a F1 student visa. we have been interviewing many candidates and this one is the only one that displayed a strong grip on the accounting responsibilities. She is 2 semesters away from getting her... View More
In general, those with associates degrees are disqualified from H1b visas unless there is significant years of experience . In addition, Congress set a low quota in 1990 that has remained deficient for decades. It resulted in a visa lottery that leaves many organizations without the ability to...View More
I have filed I-130 and its in in status of getting interview now, and I filed U4U program and this I-134A case got confirmed in April 2023. Till now I still can not move forward any of this cases and bring kids to me from Ukraine. Its a brutal war in Ukraine and beside my... View More
A writ of mandamus can be dismissed. The Unite for Ukraine process is totally discretionary and there are too few examiners to process the applications, but visas that are subject to unreasonably low Congressionally mandated levels are political matters.
In late December 2022, I(from China mainland）entered the U.S. illegally through the wall from Mexico, and was caught by CBP and held in the border detention center. Master hearing day in August 2023 through A number, the case is already in immigration court, is it still possible to file I589 in... View More
We wish it was that simple. More information is needed. If you’ve called the 800 number, then found out that ‘your date is real,’ then no, you must carefully perfect your asylum filing before the one year deadline. Otherwise, you may never qualify for lawful permanent residence status...View More
My wife and I are unable to meet the financial thresholds required by Form I-864, so we would need to acquire a joint sponsor, which is an additional headache. Therefore I am wondering if my brother-in-law can be my petitioner on Form I-130 and I-864 instead, since he is able to meet the financial... View More
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.