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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 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
If I qualify for the new TPS re-designation for Venezuela that states you can apply for that benefit if your entry was before July 31st 2023, it was already announced on DHS page, but on USCIS still appears Continuous Residence in U.S. Since: March 8, 2021, can I apply since now or should I wait... View More
answered on Sep 24, 2023
Under the redesignation of Venezuela, eligible individuals who do not have TPS may submit a Form I-821, Application for Temporary Protected Status, during the initial registration period which will be specified in a FORTHCOMING Federal Register notice. Applicants also may apply for TPS-related work... View More
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
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