The "3-year rule" applies to a permanent resident applying for naturalization who is married to and living with a U.S. Citizen. So, unless you would be basing your own naturalization application on your marriage to and cohabitation with a U.S. Citizen, notwithstanding how you obtained your...Read more »
I am married to an american citizen for 10 years prior to coming to the US, in 2018, on an L1-A (manager transfer) visa. I received my green card last December of 2019 after a petition for alien relative.
I understand naturalization has a 3 years wait time before applying, after obtaining... Read more »
Consider scheduling a consultation with a competent immigration attorney who can discuss with you the next steps to take. As part of the process involves you submitting on her behalf a Form I-864, Affidavit of Support, which requires demonstration of a certain level of income for you, and because...Read more »
Consider scheduling a consultation with a competent immigration attorney as other colleagues have suggested already to you. Regarding filing of an application for naturalization (N-400), so long as one meets eligibility requirements for naturalization, one my file a Form N-400 while his or her...Read more »
I agree with my colleague Ileana M. Rivera's response. There are too many details missing from your question for one to be able to answer it properly. Consider scheduling a consultation with a competent immigration attorney who can discuss in private the details of your prospective case.
Are you the U.S. Citizen petitioner, or are you the foreign national intended beneficiary? Based on your question, it would seem that you are the U.S. Citizen. Although your participation in a past marriage-fraud case may raise a red flag as to the bona fide nature of your current (prospective)...Read more »
Are the mother and father of the daughter married to one another? So long as the mother "can be credited with 40 quarters of coverage pursuant to the Social Security Administration’s regulations" (as opposed to having earned herself), then the father's/husband's credits may also cover the...Read more »
The scenario is she enters the USA on visa waiver program and we decide to get married during the week she will be here visiting and she returns back to Europe and once she’s back in Europe we begin the spouse immigrant green card process from there seen as acceptable ? I understand visa fraud is... Read more »
Arguably, so long as your fiancée intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of State's...Read more »
In order to avoid having to apply for a K1 fiancé visa for the USA and not commuting visa fraud by getting married in the states on visa waiver program we were thinking of just crossing over to Canada to get married while she’s here in Vermont for a weeks visit . Can we do this and after She is... Read more »
To be clear, so long as your fiancé intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of...Read more »
Assuming you (the petitioner) are a U.S. Citizen (not simply a U.S. Legal Permanent Resident), if your DACA spouse last entered the United States using a visa, with just a few limited exceptions, he is likely eligible to complete the marriage-based immigration process stateside through what is...Read more »
I've been a permanent US resident for the past 39 years and have kept my papers up to date, I was told that I was considered a US citizen 2 times by USCIS, only to be told by 1 that I wasn't. I just want to know the facts of that law.
The citizenship laws have changed over the years. You should likely schedule a consultation with a competent immigration attorney who can evaluate the specific facts of your life and your father's as they relate to the law possibly applicable to your situation. Certain issues, such as whether a...Read more »
My husband and I were scheduled for our interview for change of status (I-130). We were having marital trouble and did not attend the interview. We have been to counseling and have decided to continue with the marriage but we already recieved the letter that the case was denied and I reinstated my... Read more »
If your Petition for Relative (I-130) case was denied due to abandonment, by not showing up at the interview, yes - it is possible to file again. Consider scheduling a consultation with a competent immigration attorney before doing so, however, to flush out any possible issues. With respect to...Read more »
ASSUMING that you meet the requirements for naturalization at some point in time during the pendency of the I-751 case, it is permitted to file an application for naturalization (Form N-400) without the I-751 case having yet been adjudicated. In some instances, it can actually help to speed up the...Read more »
Generally a PTI in the State of Florida, wherein I see from your post you are located, can be a good disposition in a controlled substance related case so as to avoid negative immigration consequences. I would warn you, however, that in analyzing a Texas PTI case, the Board of Immigration Appeals...Read more »
As others have responded, your sister cannot immigrate through any petitions you may file for your parents. She must be the beneficiary of her own petition, filed by either you or by your parents after they immigrate. Unfortunately, there are backlogs in both categories. Consider speaking with a...Read more »
husband applied for green card. I thought my i-539 will be canceled automatically, but it never happened. Yesterday I got the evidence request for F-1 visa mail, so my application is still pending. Tell me please, what should I do to cancel my i-539 application.
Consider scheduling a consultation with a competent immigration attorney to go over in detail all facets of your case. Generally speaking, however, if you no longer have any intent of pursuing F-1 status and so long as there are no inadmissibility issues in connection with your "green card" case,...Read more »
Do not know as Canadian Only allow to stay for six months since there is no visa on the passport. After finding that out we also learned that she might not able to come back for 10 years if she leaves. So she stayed instead . surprisingly In 2018 she was able to renew her drivers license with... Read more »
If you have not already consulted with an experienced immigration attorney, you should likely do so. The 10-year penalty of which you speak is triggered upon departure. If you are a U.S. Citizen and if your mother has the intent to immigrate to the United States, there may be a way to legalize...Read more »
At my fiancees K1 visa interview he was told that I (the us sponsor) does not make enough money to be his sponsor, even tho I make above the required amount, I believe they will not accept it because I am on disablitlity . I was able to get an amount raised to put into my savings. will this be... Read more »
In my experience during the current administration, consular officers are being particularly difficult as it concerns determinations regarding the sufficiency of people's income for affidavit of support purposes. Certain disability income may not be used to make sufficient an affidavit of support,...Read more »
The Cuban presented himself at a border point on the border with Mexico and requested asylum, was detained in a migration center for 3 months, went to trial, won the case and was released as an asylee.
Does this apply as "inspected and admitted or paroled" ?
The answer to your question depends on whether the individual in question was inspected and admitted or paroled. The individual should schedule a consultation with a competent immigration attorney and bring copies of all immigration documentation issued to him or her.
And we applied for green card. So now I can’t be an F-1 student anymore and I’m confused about my admission. can I study? And if I can what rights I’ll have? (Paying like an international student or resident?)
My university can’t answer me on that and they are saying I need to talk... Read more »
Consider scheduling a consultation with a competent immigration attorney who can evaluate your case and, if you so choose, guide you through the marriage-based immigration process. Through the marriage based case, you may be able soon to qualify for in-state tuition if you plan on continuing with...Read more »
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