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answered on Nov 11, 2024
The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More 
My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More
answered on Nov 5, 2024
Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters... View More
answered on Nov 11, 2024
You should consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating your daughter's criminal history for immigration purposes, a good immigration attorney will also want to know about your and your daughter's father's... View More
Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.
answered on Nov 11, 2024
Consider scheduling a consultation with a competent and experienced immigration attorney. Whether your husband had the intent to immigrate when he entered the United States as a visitor, presumably as a U.K. Citizen through the Visa Waiver Program; this could affect the method by which he should... View More
or having a parent, brother, spouse, or child over 21 with a permanent green card petition for the Cuban or an employer petitioning for the Cuban so long as they are in the uS 1 year and 1 day?
answered on Nov 11, 2024
Part of your question implies that you are asking about adjustment of status through the Cuban Adjustment Act. Notwithstanding a recent Board of Immigration Appeals case saying otherwise, there is ongoing federal litigation about whether issuance of an I-220A might constitute a grant of... View More
Would applying for change of status in the US -or- travel back and apply from Canada be the best alternative; related to fees, timing, chances of approval, etc. ?
answered on Jun 3, 2024
Consult with a competent and experienced immigration lawyer. If you have overstayed your status and are not the "immediate relative" of the petitioner in question ("immediate relative" being defined as "spouse of U.S. Citizen", "minor child of U.S. citizen"... View More
Hello, I was in asylum for a long period of time and unfortunately it was a negative response, BIA dismisss it so practically I have a deportation order. That was in 2019. Not I am marrried since 2023 with American citizen , can I adjust my status yet?
answered on Mar 1, 2024
Consult with a competent and experienced immigration attorney. A basic eligibility requirement for adjustment of status is that you were originally inspected and admitted OR paroled. If you entered without inspection, were placed in removal proceedings and now have an unexecuted order of removal,... View More
If I married someone who is a us citizen, and my visa expired and passport expired, can i renew my visa/greencard? I am in Florida now, but I was married in Wi
answered on Feb 1, 2024
If you are asking whether you can get a green card as a visa overstay based on your marriage to a U.S. Citizen, it may be possible. However, additional details are needed, including whether you have any other past negative immigration history or criminal history. What might be best for you and... View More
We are currently living together in the US, my fiancé has an h2b visa at present. After we are married in the US, can we go visit his family in Ireland for one month and then return back to the US? Would he be allowed back?
answered on Jan 27, 2024
If the two of you marry while he is in the United States in H-2B status, in addition to you filing a Petition for Relative on his behalf, he, barring any possible ground of inadmissibility for which there is no waiver available, could file contemporaneously an Application to Adjust Status, an... View More
answered on Jan 25, 2024
Receiving public assistance is not an obstacle to getting married. Your question does not pose whether you are able to sponsor your spouse for a green card, but that seems to be what you may be asking. Even if you are receiving public assistance, you can file a petition for your spouse, but you... View More
I had a misdemeanor charge in 2022 for petit theft which was dismissed by completing a diversion program and later the records were expunged in 2023. I want to know how is it going to go for my case? Also once approved the 10 year GC, will i still be eligible to apply for naturalization as married... View More
answered on Jan 5, 2024
Your criminal case should have no impact on the approvability of your Petition to Remove Conditions case. As to naturalization eligibility, even though it sounds as though you will have avoided a conviction, your arrest will likely raise concerns for the naturalization case adjudicating officer as... View More
I filed I751 Petition to remove conditions on residence about 6 months ago, and i got an extension letter for my resident card for 48 months, while in the process of removing the conditions.
unfortunately me and my spouse have recently ended our marriage. my question is if i should notify... View More
answered on Jan 3, 2024
As another colleague has indicated, yes, you should notify USCIS about your divorce and ask that your case be converted to what is known as a good faith marriage waiver. You do not need to refile the case. Consider scheduling a consultation with a competent and experienced immigration attorney... View More
answered on Dec 27, 2023
Yes, your brother can sponsor you, but the line is very long. Additionally, the simple filing of his petition for relative on your behalf does by itself permit you to remain in the United States while waiting for your spot in line. Consider scheduling a consultation with a competent and... View More
I am engaged to my fiancée who is a US citizen. We have been planning on starting a future together as a married couple for almost a year, However, I've only been able to visit them through ESTA visa, I would like to start becoming more serious and hopefully getting to be with them permanently.
answered on Nov 20, 2023
Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you the K-1 fiancé(e) visa process. This would be the process to pursue if you intend on having your wedding ceremony occur inside the United States. If, however, you wish to be married... View More
answered on Nov 13, 2024
Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate the facts of your case to offer an opinion on whether the consular officer's determination was correct. If the determination was incorrect, an attorney could try on your behalf to get the... View More
Immigration Issue. I think USCIS possibly made an error. I had no idea I was a resident as of 12/31/19 until this year when I received my 10-year green card in the mail. It's causing an issue with my N400 application, which I already paid for because USCIS is going with 12/30/19 and I went... View More
answered on Oct 28, 2024
Schedule a consultation with an experienced immigration attorney who can evaluate your documents. If your documents are not conclusive, filing a Freedom of Information Act (FOIA) request to retrieve a complete copy of your alien file from USCIS may be helpful. Many attorneys offer online video... View More
answered on Mar 20, 2024
The short answer is both. However, there are additional required forms to be filed and some optional forms. Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss all of the requirements as well as analyze any possible problems with your case.... View More
answered on Oct 26, 2023
The filing of a petition for relative does nothing to extend the validity of one's authorized period of stay in visitor status. If your brother wishes to extend his stay in visitor status, he needs to file with USCIS a Form I-539, Application to Extend/Change Nonimmigrant Status. Moreover,... View More
Will it affect my application?? Will it be rejected?
answered on Oct 15, 2023
Not having filed a federal income tax return in any particular year is not per se a problem if in fact you can demonstrate that you were under no legal obligation to have filed a tax return. Consider scheduling a consultation with a competent and experienced immigration attorney who may be able to... View More
answered on Oct 9, 2023
When did you enter the United States? If you can demonstrate continuous residence in the U.S. since July 31, 2023, then you may be eligible. There are other things to consider, including whether you have any disqualifying criminal history or grounds of inadmissibility that can be forgiven with a... View More
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