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I have a friend who is on a visa in the US and is now being charged with assault and probation violation. She has e pending trial date. Is she allowed to leave the country, and if she does will she be allowed back in the states?
answered on Nov 30, 2017
Your friend should schedule a consultation with a competent immigration attorney, and bring to the appointment copies of any documentation he/she has in connection with the criminal case. It would be very important for an immigration attorney to evaluate the potential negative immigration... View More 
When filing the I-130 form it only asked me for my mother’s spouse basic info, but I want them to come live together in USA, do I sent the processing fee for 1 or 2 people?
answered on Nov 29, 2017
If your mother's spouse is not your biological father or, under certain circumstances, your adoptive father, then to be able to file a petition for your step-father, which you would need to do separately from your mother (yes, 2 petitions), you would have had to have been under the age of 18... View More
vs if they are overseas. Visiting as a tourist. The form is filed by a US citizen older than 21. Parent is in late 40s. Country of origin - Russia. Please let me know if you need any more details. Thank you!
answered on Nov 29, 2017
The answer to your question depends on a number of factors, including what local USCIS field office would have jurisdiction over the visiting parent's application to adjust status that would accompany the petition for relative filed by the adult U.S. Citizen child. Some field offices process... View More
Brother is 4 years old. Mother is approved to stay after filing I-130. The airline will not let a 4 y.o. to fly back without a guardian. Will USCIS adjust his status or does he have to stay over his tourist visa expiration date? If a mother files for her child, it may take around 4 years.... View More
answered on Nov 29, 2017
When you say that the "[m]other is approved to stay after filing I-130", do you mean that the mother filed also a Form I-485, Application to Adjust Status, and that it was approved? To the extent that the mother already has an approved Form I-485 and is now a U.S. Legal Permanent... View More
Filing I-300 for a stepfather requires a marriage certificate showing that parents were married before i turned 18. Will uscis still accept my petition if their marriage was civil since i was 11? We have photos as proof. Their official ceremony took place when i was 21 and they now have a child. I... View More
answered on Nov 29, 2017
I believe you are inquiring about filing a Form I-130, Petition for Relative, on behalf of your stepfather. Assuming that is what you mean, my next question would be, what do you mean by a "civil" marriage? Are you meaning a common law marriage, or do you mean an actual civil (non... View More
Do I just require to bring proof of my financials related to i864 or should my dad also bring any type of financial support documents.. I make above proverty guidelines for my household size so I filed on my own They are retired so just retirement check at this point. Thank you! I want to makes... View More
answered on Nov 28, 2017
You may wish to consult with a competent immigration attorney who can look at your documentation and that of your parents and who can advise you what specifically to bring to the interview. If your income for your household size is sufficient to make satisfactory the affidavits of support, then it... View More
We will be filing the I 485 at the same time. We have been self employed for 25 years in the USA, what do we put for employment?
answered on Nov 28, 2017
By your question, I assume that you mean that your son is a U.S. Citizen and that, now that he is 21, you wish for him to file I-130 petitions for you, his parents. If he is a student, then you can simply state so. Note that even though he is not employed, he will need to file affidavits of... View More
my boyfriend recently filed for his citizenship and did his interview. at the interview the IO had doubts about whether he is supporting his son even tho he is only out of the country for a few weeks on vacation which is perfectly legal. the interview ended with her staying a decision would be... View More
answered on Nov 28, 2017
Supporting (or failing to support) one's minor dependent children speaks to "good moral character", which is a requirement for naturalization. This is why the officer is asking for such documentation. That being said, an affidavit explaining the circumstances (which you reference... View More
I’m a USC born in Nicaragua. I had a son there 13 years ago when I was married and was a USC at the time. I lived there for 3 years, and came back here. I divorced his mother, and she’s been a permanent resident in this country since 2014. I’ve always sent him money, and have visited him.... View More
answered on Nov 14, 2017
As my colleague Hector E. Quiroga already pointed out, the laws governing claims to citizenship by individuals born abroad to a U.S. Citizen Parent have changed over the years. You should consult with a competent immigration attorney who can evaluate the specific facts of your case against the... View More
We filed separetly because we both have student loans that we didn't want to mix into one big loan. Is it required to send the taxes? Would it look bad if we send them?
answered on Nov 9, 2017
It is not required to send copies of tax returns, but people often do when it shows a joint filing. I would suggest that even though you didn't file jointly, the fact that you marked "married" filing separately is still good evidence of holding yourselves out to the world (in this... View More
She has a conditional green card, but he said that he is going to inmigration to ask then to dont let her in the country, can he do that?
answered on Nov 8, 2017
U.S. Customs & Border Protection (CBP) should (if they follow the law) let her back in (so long as she is reentering during the validity period identified on her conditional permanent resident card), and I am confident that they would. It is not unusual for a U.S. Citizen Spouse, particularly... View More
Hi, my girlfriend's mum is a greencard holder and her step dad is a citizen from birth of the USA. I am hoping to get the right to work here. Would it be possible for my girlfriend to get her greencard and once we marry, claim right to work in the USA for myself? How long would it take... View More
answered on Nov 7, 2017
You should consult with a competent immigration attorney to explore all possible paths. If your girlfriend was under the age of 18 when her mother married the U.S. Citizen step-father, then the quickest possible way for your girlfriend to obtain U.S. legal permanent residency may actually be... View More
I give up my Green Card and get a certificate of naturalization at the oath ceremony, but no passport. Can I go on my cruise?
answered on Nov 3, 2017
If you are in Florida, I might suggest that you contact the Miami Passport Agency. See https://travel.state.gov/content/passports/en/passports/information/where-to-apply/agencies/miami.html That particular office in Florida handles, as I understand, very time sensitive passport requests. I... View More
My husband visa's is about to expire. We have file I-130. Is it recommended that he stays for the process or he leaves to country until the process is completed.
answered on Nov 3, 2017
As a colleague already stated, additional information is needed. You may wish to schedule a consultation with a competent immigration attorney who can also discuss with you, the petitioning spouse, an application for naturalization (if you are yet eligible to apply for naturalization). It could... View More
I entered with B2 visa, then extended my stay for 6 month more with I 539, then my mom applied I 130 (my I 94 was not expired yet) and get it approved. Then I overstayed for 2 years more. Is it too late to file I 485? I'm F1 preference. Originally from Russia.
answered on Oct 31, 2017
You should consult with a competent immigration attorney who can analyze more closely the facts of your case. Generally, adjustment of status is not possible for a family-based preference category beneficiary who has violated the terms of his or her underlying nonimmigrant status, including... View More
Mother and father are both in a legal process in Dominican Republic where we're requesting full custody of the child. Her mother signed an agreement before granting custody to the father for the 5 year old to reside in the US and now refuses to return the child. We're aware that after a... View More
answered on Oct 18, 2017
You should schedule a consultation with a competent immigration attorney, and possibly also with a family law attorney. Also, is your husband a U.S. Citizen, naturalized or by birth? If so, then your step-child may, but not necessarily, have a claim to U.S. Citizenship, in which case... View More
They have an 18 month old son and lived together in Fort Lauderdale until she was unfaithful.
answered on Oct 18, 2017
Did your son get permanent resident status already through that marriage? If so, was it conditional permanent resident status or unconditional? If he has conditional permanent resident status, when does/did it expire and has he already filed a Petition to Remove Conditions? As you can, there are... View More
I apply for i130 for my parent on 12/23/16 now they processing 01/09/17 but they haven’t send me any update what should I do By the way I did call 2 months ago to fix typographic error on notice was mad to the last name they add extra letter they respond me that the officer review my concerns and... View More
answered on Oct 16, 2017
USCIS will not likely inform you of an "update" until the case is either approved or a request for evidence is issued. If your case is still within posted processing times, then you will likely need to wait to complain unless and until your case falls outside of processing times, which... View More
I’m a US citizen and my spouse is a Spanish citizen (Spain). We got married in 2011( in Spain) and have been living in Spain since then. We want to move to the States in 2018. Do I (US citizen) need to return to the States first to secure a job in order to petition for my spouse’s green card? I... View More
answered on Oct 16, 2017
You can file your Petition for Relative with U.S. Citizenship & Immigration Services even though you are currently residing abroad. Simply include some evidence, perhaps an affidavit, of your intent to relocate, both you and your spouse, to the United States after approval of the Petition for... View More
answered on Oct 9, 2017
The precise answer to your question requires more information. Did the Cuban green card holder get his/her permanent residency through the Cuban Adjustment Act. If so, and depending on a number of other factors, including whether the other spouse has been previously inspected and admitted or... View More
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