I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st... View More

answered on Sep 19, 2023
Consider scheduling a consultation with a competent and experienced immigration attorney who can view the documents. Many attorneys offer online video consultations. You should note that when using assets to make up for insufficient income, it is not a straight formula where, for example, if you... View More
I'm wondering if staying out of the usa for roughly 4 months or more may jeopardize my pr card and have it revoked. I'm planning to work remotely and still work as an American.

answered on Aug 20, 2023
Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (INA) permits a U.S. Customs & Border Protection (CBP) officer to accuse a U.S. legal permanent resident returning from a trip that has lasted continuously for longer than 180 days abroad as having abandoned his or her lawful... View More

answered on Aug 2, 2023
The denial of a naturalization application in and of itself does not result in the cancellation of one's permanent resident status. Often, in the adjudication of a naturalization application USCIS may learn of issues that make one deportable but that do not implicate that the permanent... View More
was cited, not arrested for petit thef, i had comunity hours servise in MDP and a course and the court dipo was nolle pros, iam traying to fill the I400 form and i dont know how to answer the criminal questions.

answered on Jul 9, 2023
Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate your criminal case documents. Even if you were not convicted, "when" you were cited/accused of violating the law can be crucial to your prospective naturalization case. USCIS will... View More
If so, may my spouse work once the family immigration application is submitted?
Will my spouse need an ITIN to be able to work?
How is one applied for?
How long does the family immigration process take?
We have 3 children, 19 and under, I’ll be petitioning for.... View More

answered on Jul 9, 2023
You have many questions, all of which could be best answered in the privacy of a consultation with a competent and experienced immigration attorney. An attorney would also want to ask you questions to determine all relevant facts, including when did you become a U.S. Citizen (at birth or at some... View More
Hola realice un pequeño robo en Waltmart por necesidad de dinero (50usd), llamaron a la Policia y me pusieron un ticket de 100usd por Petit Theft. En 2 meses debo realizar mi solicitud de green card, afectará mi petición? Luego de pagar el ticket me llegará alguna citación a la corte ? Ya que... View More

answered on Jun 18, 2023
Consult with a competent and experienced immigration attorney. Depending on the particular statute under which you were charged and convicted, you may or may not have been convicted of a crime involving moral turpitude, which could serve as a ground of inadmissibility (legal obstacle to getting a... View More
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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... 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.