How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida
answered on Jun 1, 2023
You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... Read more »
Hello, I have a friend who came over as a one year old and she is now 22, legally married to an American citizen and is expecting their first child. She only has her foreign passport since she came over without consent as a baby. What are the steps she has to take to get her citizenship? She would... Read more »
answered on May 22, 2023
Before seeking citizenship through naturalization, she would need to first apply for U.S. legal permanent resident status. Whether she entered on a visa and overstayed or entered without inspection will dictate which path the case takes. If she entered originally through an official port of entry... Read more »
Im a US citizen, i sponsored my first husband back in 2009 ,he got his green card at the beginning of 2011 and then problems started between us right after he got his PR so i divorced him in dec of 2012, i got married again in 2018 and i would like to sponsor my second husband this year for a PR,... Read more »
answered on May 22, 2023
The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... Read more »
my green card expires in 4 days, I applied Form I-751 3 months ago, but still have not received notice of action. I already submitted the case inquiry but still nothing.
answered on May 9, 2023
As another colleague pointed out, consider seeking the assistance of the Ombudsman's office. Out of curiousity, did you pay the filing fee with a personal check? If so, was the check cashed? If so, look on the back side of the cashed check (through your online banking). USCIS will put the... Read more »
I am on a visa and therefore would like an "immigration-safe" outcome of the case. Is it possible to reduce my misdemeanor charge for petit theft of $55 to an infraction in Florida? If not, do you recommend anything else to not be convicted under USCIS law? I am a first-time offender.
answered on Mar 21, 2023
Consult with a competent and experienced immigration attorney and be prepared to provide copies of your criminal case documents for analysis. If the charge is the petit theft statute (and not the retail theft statute), there is actually good case law as it relates to such an offense NOT being a... Read more »
I just received NVC welcome letter today, and my passport with visitor visa yesterday, from two separate sources, what should I do next?
answered on Mar 12, 2023
One should not knowingly and intentionally use a visitor visa to enter the United States to pursue adjustment of status, as a visitor visa is a nonimmigrant visa not intended for that purpose. That is not to say one cannot adjust status off of a visitor visa, but one should not have the intent to... Read more »
hi My wife is gonna come to us on a J1 visa I'm a us citizen already we got married overseas can I file her paperwork to stay in US if wanna file an i130 form should be going to court and marriage again in the US or using the marriage paperwork from the overseas
answered on Mar 9, 2023
Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you, among other things, the 2-year return residency requirement of certain, but not all, J-1 visas. Moreover, even if your wife is not subject to the 2-year return residency rule, if she... Read more »
I heard when I apply for GC, change E2 status, that the E2 Visa will be cancelled. Obviously when I get the GC I will sponsor my daughter...however, I assume until then, she will need to switch to F1. Do we do that first, or can we do GC application and F1 at same time?
answered on Feb 28, 2023
Processing times for change of status from one nonimmigrant status (e.g., E-2) to another nonimmigrant status (e.g., F-1) are very lengthy; much longer that the likely processing time for your marriage-based adjustment of status case. Moreover, maintenance of status for your daughter is crucial.... Read more »
Also Are there any other responsibilities for the sponsor that may have changed under the new law?
answered on Jan 10, 2023
To be clear, what you are speaking about is not a new law, but a new policy under the Biden administration. A subsequent administration could do away with the program if it so chooses. As to one's financial responsibilities under the program, they are not the same as those under, for... Read more »
U.S. Immigration
answered on Dec 13, 2022
For the purposes of answering this question, I will assume that you are either a U.S. Citizen or U.S. Legal Permanent Resident yourself and that the "mother" mentioned in your question is your spouse and the child living in Thailand is your step-child. A step-parent can petition for a... Read more »
I was deported on may 2005 because of my visa over stay and asylum denial , they give me 10 year ban, and my daoughter and I met when she was 18 before . her mother and ı never got married we broke up with her while she was pregnant , when my daughter found me ı was in Turkey on 2011 since than... Read more »
answered on Dec 4, 2022
Consider scheduling a consultation with a competent and experienced immigration attorney who can look into the case on your behalves. Recently, USCIS has been processing cases very slowly. So, there may not be anything wrong with the case. That being said, it is not a bad idea to look into... Read more »
Current time left here is 11 days per I-94.Do I have to file I-485? or do I have to file 129F to get a K-3 Visa? Once I file can they stay?
answered on Dec 1, 2022
Assuming you are a U.S. Citizen, which is not something mentioned in your fact pattern, your spouse may be eligible to apply for adjustment of status whether filed before or after the expiration date of his/her I-94 card. A consultation with a competent and experienced immigration attorney is... Read more »
Please include what petitions will have to be filled to do so.
answered on Nov 23, 2022
Assuming you are either a U.S. legal permanent resident or U.S. Citizen, you can file a Petition for Relative for your spouse immediately upon marriage. Whether it may be approved depends on a number of factors, including whether USCIS believes your marriage is bona fide and/or whether or not your... Read more »
Now I am filling another I-130 for my mom and I don’t know how to answer part 5: other information of this form
answered on Nov 9, 2022
Simply mark yes to the question about having filed a petition previously for your mother and then input the information that the form asks (name, date of filing and that it was approved). I might suggest that on the addendum page (page 12), you then indicate that the NVC terminated the case after... Read more »
I have a SSN and work permit. I have been waiting for years for the uvisa, the lady that submitted everything said if I get married it won’t be any faster since I have to go this route because I entered US illegally when I was a small child. Is this true?
answered on Nov 3, 2022
Having entered the United States illegally would complicate, but not necessarily derail, a marriage-based immigration case. There may be strategies for you to explore in terms of a marriage-based case after you are given U nonimmigrant status. If, however, you are still years away from a grant of... Read more »
Can I use my current income now that I'm working for the affidavit of support or do I need to go back to last year?
answered on Nov 3, 2022
The regulations indicate that USCIS is supposed to give the greatest weight to your reasonably anticipated income for the year in which the case is filed. You don't specify what your current income is or what your household size is. So, the answer is "maybe." Either way, consider... Read more »
If I was deported because of a simple possession of cannabis and tampering with physical evidence and was a lawfully permanent resident at the time does president Biden new cannabis pardon grants me relief because immigration does fall under the federal level can I get my immigration case review... Read more »
answered on Oct 10, 2022
Was your conviction for simple possession a conviction under federal law (federal simple possession) or a conviction under state law (state - e.g., Florida - simple possession)? What President Biden has done benefits those who were convicted under federal criminal law, not under state criminal... Read more »
Can he adjust status and his one year under the Cuban adjustment act or does he have to file for asylum. We have been told both. We live near tampa
answered on Oct 6, 2022
A requirement for pursuing adjustment of status under the Cuban Adjustment Act is that the individual was either inspected and admitted or paroled. At the end of the Obama administration, the government ended its policy of generally granting parole to Cubans who presented themselves without, e.g.,... Read more »
Hi, I’m a current green card holder living in Florida, approximately 16/18 years ago I was convicted of an assault in the 3rd degree (plea bargain), apparently it’s a crime committed without malice and non deportable, I do travel frequently internationally and I’m red flagged without fail on... Read more »
answered on Oct 6, 2022
If in the future you would like to spend extended amounts of time outside of the United States as well as enjoy all of the benefits that you have accumulated/earned here in the U.S. while in permanent resident status, it may be advisable for you to seek naturalization. Simple assault is generally... Read more »
Been told that if we get married he will be Denied the papers or he will be affected in many ways please will you give the correct advise
answered on Sep 30, 2022
Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of the facts to determine what may be the best course of action. Whether, for example, he was "paroled" can dictate what options may be available, including, e.g., adjustment of... Read more »
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