Get free answers to your legal questions from lawyers in your area.
My girlfriend is pregnant with my child.. She plans to go back to her husband because she is still holding a conditional green card. She wants to put her husband's name on my child. I refuse to have my daughter carry the name of a wife beater.
answered on Sep 20, 2021
You are correct that when a married woman conceives a child the child is presumed to be her husband's child.
You do not need to adopt your biological child. You need to establish paternity.
I got my adjustment status pending,
Filed it July of 2018 in NY, then moved and changed an address to Florida in January of 2019,
now they say security checks pending..
Why is it that slow, I have no criminal records, never had one..
How to move it from a dead point?
answered on Sep 18, 2021
First; When you moved and changed your address the file was moved and the processing time changed.
Nevertheless your file should not still be in the background check phase.
First confirm that your file was not lost in the transfer.
When I get calls like this I usually... View More 
I went to renew my license and the DMV changed my license without advising putting my last name from my permanent residency instead of what on my social security card. I looked at the real Id act and everything said the license must match the social security card
answered on Sep 18, 2021
My office is getting many calls lately on DMV requirements for a DL. All of your civil documents should have the same legal name. Your legal name is the name on your BC unless you have a name change document - usually a marriage license - and you have changed your name. Your green card has your... View More
answered on Sep 18, 2021
Most jails have an established procedure. Check with the jail or their website.
I am a US resident and have been mistakenly filing taxes under Single, I know now that I should have been using the Married status eventhough my then husband lived abroad and had NEVER been to the US and had no income tied to the US. He never got an ITIN and I saw that I could have used the mention... View More
answered on Sep 15, 2021
This may seem to be an immigration question but it is actually a tax question. I suggest you consult with a CPA. It is possible that by filing taxes a single you paid more than you needed to. If this is the case you can amend your taxes going back at least a few years.
I became a citizen 3 days ago and have to wait at least 10 days to update my SSN. I have to fill out an I9 for a new job. Should I select permanent resident or citizen? My permanent resident card was still valid but I had to surrender it upon taking the oath. Thank you.
answered on Sep 15, 2021
You state that you became a USC. If by that statement you mean that you have gone through a ceremony and received your Certificate of Naturalization than you are a USC and the answer is you are a USC.
Word of caution: If you have not gone through a ceremony and received a NATZ certificate... View More
answered on Sep 15, 2021
You must first qualify. To determine whether you qualify you may contact an experienced immigration attorney or do the research yourself. The place to start to do your own research is USCIS.gov. Take note that Citizenship and Naturalization are two different issues. You may want to inquire into or... View More
I have dual nationality and I travelled to the US on an ESTA with my European passport. However it is coming up to a year I have been in the US. Can I apply for CAA with my cuban passport and be able to stay legally in the US?
answered on Sep 14, 2021
Yes you may apply. However there are other requirements that you must meet to be granted adjustment.
While I was filling my I-130 application online I came to the question if I have had any removal proceedings so I assumed that I did because of NTA but then in the part where I have to type the place and date of hearing, the system would not allow me to put a future date.
What should I do?... View More
answered on Sep 14, 2021
Enter the date that you received the NTA and include a copy of the NTA in the supporting documents.
I need help to address this issue as I'm the applicant
answered on Sep 14, 2021
PR generally refers to Permanent Resident. That being said, you question makes no since.
My background.
I was in USA from 2009 to 2013. I have studied and worked on my OPT in usa. My whole family lives in USA ( 2 sisters, 1 brother and my mom). I moved to Kenya in 2013 after marriage. I have visited USA in 2015 for 3 months on visitor visa and again in 2016 for 6 months. In... View More
answered on Sep 14, 2021
You were found inadmissible at the Canadian - USA border for not having proper documentation. I can not advise you whether you will be admitted now without further details.
I applied for family reunion with my dad while he stayed in Mexico as a tourist. He was approved for reunion and USCIS sent us to NVC. We submitted all the required documentation and NVC received them and tried to schedule an appointment for us in US Embassy of Juarez, Mexico. However, US embassy... View More
answered on Sep 13, 2021
It is not clear what you mean. Did he receive a visa to come to the USA for a family reunion? If so what needs to be continued?
Hi I want to apply for my citizenship. My spouse citizenship is denied for not submitting the RFE’s because her attorney told that not to submit. Because it can leads to her to removal proceeding. This situation will cause any problem in my citizenship application if I applied for citizenship .... View More
answered on Sep 13, 2021
Yes, your spouse's situation can have an impact on your naturalization and LPR status if she was not eligible to sponsor you. I suggest you consult with an experienced immigration attorney.
My question is, can my family member be release from detention when she claimed refugee/asylum? she was detained when she crossed the border. She was in the united states when she got picked up. After so many calls and transfer, I called the deportation office, someone told me that my family member... View More
answered on Sep 11, 2021
Your family member should schedule a consultation with an experienced immigration attorney. An attorney may schedule a telephone consultation with her. The attorney will need more information to determine whether she is eligible for bond.
However, one of them is getting married. Would this exclude him from the application?
answered on Sep 10, 2021
You are correct that the child that gets married will no longer qualify as an immediate relative. The child, if interested in immigrating to the USA any time in the near future should wait to marry until after establishing a residence in the USA and then sponsoring his fiance. S/he also has the... View More
My father filed a petition for me under the CCA Section 320 and I immigrated to the US 19 days before my 18th birthday. I have since applied for a US Passport and the office is requesting the following:
Evidence that shows I was in the sole or joint legal and physical custody of my US... View More
answered on Sep 10, 2021
You state that they shared custody. Actual physical evidence of this shared custody. Evidence that may meet the requirement is based on personal circumstances. The request provides you with examples of documentation for meeting this requirement. You may want to work with an experienced immigration... View More
answered on Sep 10, 2021
When you overstay a non immigrant visa you have very few alternatives available to you from inside the USA. Unless you qualify for temporary protective status, asylum, or you have an immediate relative in the USA who is a USC.
My wife didn't keep careful records of her employment, especially the part-time jobs she had prior to me coming to China.
China measures part-time and full-time differently it seems. In the US, 36-40+ hours is considered full-time, whereas part-time is anything less than that. In... View More
The requirements to sponsor her So my husband filled out an I-864A. Now, me and my husband filled our taxes together so does that mean I also have to fill out a I-864A because my income is also on the income tax return he is providing?
answered on Sep 7, 2021
You fill out the I-864A only if you intend to be joint sponsor/household member. Your husband will need to provide proof of HIS income stated on the joint tax return. Your share of the income on the return can not be considered for meeting the financial requirement unless you complete an I-864A.
I am a resident of New York State who is currently living and working in the country of Qatar and I plan to marry my Filipino fiance in the country of Georgia in November and apply for a spousal visa to the United States afterwards. And I just wanted to make sure that a marriage in the country of... View More
answered on Sep 7, 2021
Yes. a civil marriage recognized by the Georgia Government will be recognized in the USA and for immigration purposes.
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.
