I have filed i130 in USCIS site as a beneficiary of a green card holder. In my account it shows that: "Your benefit request has been accepted and is under review." I am wondering whether I am able to file I485 now? If not, when can I do that? How can I be informed about approval of my... Read more »
Consider scheduling a consultation with an experienced immigration attorney. A spouse of a U.S. legal permanent resident seeking to adjust status in the United States should maintain some type of lawful status up through the date an application to adjust status is adjudicated. You do not indicate...Read more »
There are many missing pieces of information that an attorney would want to know in order to answer your question thoroughly (e.g., your manner of last entry to the U.S., your age now, your marital status, etc.). You may wish to consider scheduling a consultation with a competent immigration...Read more »
Will issues arrive if I accept employment abroad as she has been a LPR for roughly 1 year? What measures can be taken to avoid issues with an 'interruption' of her permanent residency in the U.S. if I choose to accept employment and we legally live outside of the country?
The short answer to your question is "possibly." However, there may be measures you can take to protect her status as a lawful permanent resident, such as filing for a reentry permit. For whom you work abroad may also open up options for her, including naturalization (if that is...Read more »
You need to have an immigration lawyer evaluate the disposition in your criminal case to determine whether it constitutes a ground of inadmissibility under Immigration & Nationality Act (INA) § 212. You would not likely experience a problem leaving the United States, but upon reentry,...Read more »
In addition to what other colleagues have already stated, I recommend that you read pages 6-7, in particular, of Form I-864. It spells out your obligations. Available online at: https://www.uscis.gov/system/files_force/files/form/i-864-pc.pdf?download=1 Consider scheduling a consultation with...Read more »
So I’m trying to get married to my girlfriend. She’s in the uk and im in the us. I know how the immigrant marriage visa process works to get her here. But how do I get married to her in the first place if you’re not allowed to marry on a tourist visa?(as this can ban her from the us... Read more »
First and foremost, congratulations! Next, it is a common misconception that one cannot marry in the United States while here on visitor status. One can do so while in visitor status as long as the person does not have the intent at the time of marrying in the U.S. to thereafter pursue adjustment...Read more »
I concur with the comments of my colleague Kevin Dixler. Consider scheduling a consultation with a competent, experienced immigration attorney who may be able to guide you through the process to avoid any pitfalls, to the extent that none exist already.
Denial letter was accompanied by a six page letter of allegations towards my green card petitioners -(my father and step-mother) allegations of fraud and misinterpretations . Opinions that I should not have obtained my permanent residency to begin and not eligible from their standpoint , I've... Read more »
As my colleagues have already indicated, you should speak with a competent, experienced immigration attorney. You might expect to receive next in the mail a Notice to Appear in Removal Proceedings. In these proceedings, counsel for the government would be arguing that you should be stripped of...Read more »
Although I have not known USCIS to deny one's naturalization application under circumstances such as those that you describe, what I do know is that USCIS has a policy/guidance whereby they want applicants under such circumstances to submit an application for replacement green card in addition...Read more »
As another colleague has already pointed out, so long as you complete and answer truthfully all questions on the unemployment application, you should be fine. Assuming that you were on payroll, unemployment is something you have been paying into each paycheck. Moreover, this shouldn't weigh...Read more »
we received mail from USICS that our case is Transferred From California to Nebraska and it is in line to be reviewed, Our case was supposed to be transferred to NVC but instead they moved it to other field office, When our case might be approved as processing time in Nebraska office are more than... Read more »
According to posted processing times available on the USCIS website (https://egov.uscis.gov/processing-times/), a Petition for Relative filed by a permanent resident on behalf of a spouse and pending at the Nebraska Service Center is taking approximately "20.5 Months to 26.5 Months." The...Read more »
i submitted the form on february 7 2020. what date am i to follow on the visa bulletin? does the final action table relate to me? or would i use the family sponsored table? does it also mean i should submit other documents?
If you are a U.S. Citizen, your spouse would be considered an "immediate relative" as that term is contemplated by U.S. immigration law and, therefore, would not be reflected on the visa bulletin. For "immediate relatives" of U.S. Citizens, which as noted has a special...Read more »
I initially selected consular processing for the i 130 on my husband's petition but now we want to switch and go the adjustment of status route. Does he have to be in the states for us to switch to that? Provided that we meet the uscis eligibility criteria?
Depending on the facts of your case, this may be possible. It would likely be best for you to schedule a consultation with a competent immigration attorney who can discuss with you whether under your circumstances it is possible and advisable. Many attorneys during this COVID-19 crisis are...Read more »
Yes, you must disclose that you were arrested. Before actually applying for the visa, however, it is highly advisable that you discuss your prior arrest(s) with a competent immigration attorney. There exists a different definition for the word "conviction" under immigration law....Read more »
2016 I came to the United States with my German daughter (no us papers) she is only here on an esta. Tried filing for passport for her but she keeps getting denied. She is not granted citizenship because I have not lived in the states prior to her birth.us consulate in Germany said I have to go... Read more »
Consider scheduling a consultation with a competent immigration attorney. Be sure to bring to the appointment (or email to the attorney if engaging in a telephonic or video consultation) copies of relevant vital statistic documents (yours, your daughter's and your daughter's...Read more »
I have a confusion this, which is one of the requirements to submit the form 1-128/Visa fiance K1: "You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition."
USCIS is measuring back two (2) years from the date of filing and looking to see if WITHIN that 2-year period you have been in the physical presence of each other (at least once). If the last time you were in each other's physical presence was more than 2 years ago, you must see each other...Read more »
The USCIS deems that a conviction of drug trafficking is a permanent bar to good moral character. While my husband was arrested for drug trafficking 21 years ago, he wasn't "convicted." Rather, he plea bargained and plead down to a possession charge. He served less than a year in a... Read more »
I agree with my colleague Hector E. Quiroga. Your husband should certainly consult with an experienced immigration attorney who can evaluate his case. Your husband should bring with him to the consultation certified copies of his criminal records, not only for the case about which you wrote, but...Read more »
I overstayed my visitor s visa for less than 180 days. My husband is a LPR and filed i130 to petition for me, but it hasnt been approved yet. Im currently outside the USA and considering applying for a second visitor s visa to avoid being separated from my husband for too long. If our i130 was... Read more »
Aside from the fact that one should not use a visitor visa with the specific intent to pursue adjustment of status at the time of entering as a visitor, which could result in a fraud allegation at an adjustment of status interview, whether you will be adjustment of status eligible also depends on...Read more »
Consider scheduling a consultation with a competent, experienced immigration attorney. Your options and obstacles depend on the particular facts of your prospective case. If, for example, he has any past negative immigration or criminal history, those facts may pose certain obstacles. There...Read more »
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