The acquired and derivative citizenship laws have changed over the years in the United States. You should schedule a consultation with a competent immigration attorney who can evaluate the facts of your case against the applicable law.

Your U.S. Citizen son can file petitions for you, his parents, on his 21st birthday. Consider consulting with an immigration attorney, particularly if you have overstayed your visitor visas. Although a visitor visa itself may be valid for many years, U.S. Customs & Border Protection (CBP)... View More

I agree with my colleague Mr. Morales. The employment authorization document (EAD) for which she can apply simultaneously with her I-130 and I-485 should take about 3 months to be processed. To avoid any lapse in employment authorization, you may wish to consider moving quickly. If your wife has... View More

You should consult with a competent immigration attorney to explore all options. Briefly, however, if you are pursuing permanent residency based on the fact that your spouse is a U.S. Citizen, then yes, your U.S. Citizen spouse will need to file a Petition for Relative (I-130) on your behalf.... View More

Although you may need a Form I-864 joint sponsor during the adjustment of status stage, following your fiancee's admission to the United States, you are correct that the embassy/consular officer adjudicating your fiancee's K-1 visa application should not be applying the 125% threshold to... View More

I agree with my colleague, but if your fiance(e) has any prior criminal history or negative U.S. immigration history, it would be important to discuss those issues with a competent immigration attorney before proceedings. Additionally, if your goal is to get her to the United States as quickly as... View More

If his intent is to marry you and immigrate permanently on that basis, and if he is currently outside of the United States, then the quickest (and proper) way of achieving this would be for you to sponsor him for a K-1 fiance visa. Based on current processing times, this type of case for a... View More

I am uncertain whether, under the current circumstances in Venezuela, the U.S. Embassy would be inclined to grant a visitor visa. However, if your goal is to bring your prospective spouse to the United States as quickly as possible, then NOT getting married and pursuing a fiance(e) visa may, under... View More

You should schedule a consultation with a competent immigration attorney. Bring your naturalization certificate, your daughter's birth certificate, your daughter's green card, copies of any divorce judgments from your prior marriages and evidence/documentation that demonstrates that your... View More

Is the green card that you received through marriage a 2-year conditional green card and, if so, I assume that you are referring to a Petition to Remove Conditions case when you speak of applying for "a second one." One who is getting divorced can file the Petition to Remove Conditions... View More

You may wish to consult with a competent immigration attorney who can flush out any other potential issues. Generally, however, overstay of one's status can be forgiven without the need to file a waiver (request for forgiveness) when pursuing adjustment of status in connection with a petition... View More

A U.S. Citizen Child cannot petition for a parent until the child is 21 years old. When you say "was a victim of abuse"; to whom are you referring as the victim? The daughter or the mother? There is a nonimmigrant status available for victims of certain crimes, such as domestic... View More

If they are both residing legally in the United Kingdom, your son may be eligible to file his Petition for Relative with the overseas USCIS office in London. See generally: https://www.uscis.gov/about-us/find-uscis-office/international-offices/united-kingdom-uscis-london-field-office The... View More

Once your wife naturalizes, she can file separate petitions for her mother and sisters. Her mother will not be subject to the quota system that does exist for certain other family members, like siblings. In other words, so long as her mother does not have any negative past criminal history or... View More

Although there is a general prohibition against adjustment of status (changing from visitor to U.S. legal permanent resident from within the United States) for those who entered the United States as a visitor under the Visa Waiver Program (ESTA), there is an exception for those who meet the... View More

When you say that her "papers got denied," are you referring to (1) the Petition for Relative or (2) an Adjustment of Status Application or Immigrant Visa Application. If you are referring to the petition for relative that your husband filed on behalf of your daughter, did he refile that... View More

To the extent that your wife is otherwise eligible for adjustment of status (e.g., no disqualifying criminal history, no prior order of removal/deportation) and assuming it is adjustment of status about which you are speaking, generally unauthorized employment can be forgiven without need for... View More

Not having filed a tax return alone should not have been a reason for the embassy to ask for a joint sponsor. If one was not required to file a tax return, but has sufficient non-means tested benefits (you didn't specify what type of social security benefits you are receiving) or such... View More

Legally, it is possible for the beneficiary of a pending Petition for Relative (Form I-130) to travel to the United States while the case is pending. One does risk, however, encountering a misinformed U.S. Customs & Border Protection (CBP) officer who may think that the fact alone that the... View More

Anytime a prospective naturalization applicant has criminal history, that person should schedule a consultation with an experienced and competent immigration attorney who can evaluate all facets of the case, including, but not limited to, the criminal cases. What I would suggest is that you... View More