Get free answers to your legal questions from lawyers in your area.
CR1, NOA1 received 7/12, forwarded to Nebraska . I am a disabled person, recent severe infestation with bed bugs. I dont have physical capacity or financial resources to treat home, afraid of losing home, contents, and health. Need husband here to help me.
answered on Aug 3, 2017
From the U.S. Citizenship & Immigration Services website at https://www.uscis.gov/forms/expedite-criteria
USCIS reviews all expedite requests on a case-by-case basis and requests are granted at the discretion of the office leadership. The burden is on the applicant or... View More 
We have been married for 14 years. We were married in the US but never lived here together. I moved immediately after getting married to Canada. We have two children who are dual citizens. We are now considering moving to the US to be with family. I am a stay at home mom so I do not have any... View More
answered on Aug 3, 2017
Barring any criminal issues or negative prior immigration history for your husband, you should be able to sponsor him for permanent resident status. Because he, so it seems, is still in Canada and currently has the intent to immigrate to the United States, then a Petition for Relative case with... View More
If not, then what will be the best thing to do.she is still in valid visa.
answered on Jul 24, 2017
Did your fiancee come in as a crew-member with that visa, or was she entering simply as as an alien in transit (en route to some other international destination)? The distinction is very important and should be discussed with you by a competent immigration attorney. If she entered as a... View More
My green card was expired many years ago. I don't have it anymore. However I do have the registration number that was on the card. I would like to go direct to citizenship if possible instead of just replacing the card. I have no reason to ever go to Canada again. I have been here legally for... View More
answered on Jul 24, 2017
U.S. Citizenship & Immigration Services takes the position that permanent residents whose green cards will expire within six months of filing a naturalization application must also file Form I-90, Application to Replace/Renew Permanent Resident Card. USCIS’s position appears to originate... View More
I am married to the U.S. citizen and applied for adjustment of status 3 weeks ago. I am currently an F1 student on OPT, looking for a job. In the end of August it will be 90 days after my OPT started and I worry that I won't find a job by that time (so my OPT will expire). Will it be... View More
answered on Jul 24, 2017
So long as you are an applicant for adjustment of status (with a pending case), you are not considered as accruing time in unlawful presence. Moreover, overstay and status violations can be forgiven (without a waiver) in adjustment of status cases rooted in a petition for relative filed by a U.S.... View More
I am now on probation for a trespassing charge from my ex husbands wife who assaulted me, my attorney did want to take it to trail due to not being American so I took a plea deal, I should have it terminated at 6 months (this month) when can I do a name change and/or apply for my citizenship,
answered on Jul 19, 2017
Before applying for naturalization, have a competent immigration attorney review your criminal case documents. For naturalization, one must demonstrate good moral character (either for a 3-year or 5-year period just prior to applying, the precise number of years dependent under which section of... View More
I am an F-1 student, recently graduated and looking for a job for my OPT. I am married to the U.S. citizen, and we filed adjustment of status petition 2 weeks ago. I am struggling to find a job in my major. Taking into consideration that I am going to abandon my F-1 status, may I work out of my... View More
answered on Jul 17, 2017
With your Application to Adjust Status, did you file an Application for Employment Authorization (separate and apart from the work authorization application that you filed to obtain your OPT)? Your work card that you get through the adjustment of status case does not limit for whom you work or for... View More
My income alone is not enough to provide supporting documents. I am confused between Form i-864 and i-864A
answered on Jul 13, 2017
The Petitioner in the case (the person who filed the Form I-130 initially on behalf of the beneficiary) is the one who completes Form I-864, whether or not his or her income is sufficient. If you are the petitioner, then you will complete the I-864, and your husband would be the "household... View More
Hello!
Mi niece (17yo), was issue an I-193, SB-1 and 211 (b) while entering Puerto Rico and was allow to stay. What all that means? Is she loosing her Green Card? Does she have to file any paperwork or apply again?
Can she travel to FL with me and get enrolled in High School? Thanks
answered on Jul 10, 2017
It sounds as though your niece, after having acquired lawful permanent resident status, departed the United States and then remained outside of the United States for more than 1 year. Generally, that can pose problems with trying to reenter using one's green card, as U.S. Customs & Border... View More
- My husband and I got married 2 years ago in the US and I'm now a legal permanent resident.
- My husband is a US citizen and he filed the i130 for my son. We're still awaiting the i130's approval.
- He is not the biological father of my son.
- My son is 7... View More
answered on Jul 10, 2017
Because your son is abroad, after the petition is approved by U.S. Citizenship & Immigration Services, the case will be forwarded to the National Visa Center. That office will accept electronically your son's DS-260, Application for Immigrant Visa, and hard copies of various supporting... View More
We are currently on the last step before the interview for the fiance visa. My fiance is Indonesian and we both live and work there. We just want to get married in the US because all my family is there. We plan on only staying a week in the states and then going back to Indonesia. I previously... View More
answered on Jul 10, 2017
One does not need a fiance(e) visa to enter the United States to get married when one is not planning on immigrating to the United States after getting married. Using visitor status to marry inside the United States and then leave is an acceptable use of visitor status. The Department of... View More
visa, I want her to stay and marry me in the USA, is there any way she can do that?
answered on Jul 10, 2017
It may be possible, but you need to examine whether as a J-1 visa holder she is subject to what is known as the 2-year return residency requirement. You should consult with a competent immigration attorney and bring with you to that appointment copies of all of her immigration documentation. Some... View More
We currently reside in Cambodia, and want to move back to the US and get married, but we were told we cannot enter the US with the intent of marriage. We don't want to be apart long, but we need a way to enter the US to live and get married legally.
answered on Jul 6, 2017
Entering the United States with a B-1/2 visitor visa or as a visitor under the Visa Waiver Program (ESTA) with the preconceived intent of immigrating; yes, that would be improper. Because you are not yet married, your fiance(e) could pursue a K-1 fiance(e) visa, and then marry here and pursue... View More
Hi im an immigrant that has a high school diploma im 20 years old now with no criminal record i have been in the us since 2003 and i would like to know how can i become a citizen in the us and who should i go talk to?
answered on Jun 29, 2017
A competent immigration lawyer can likely answer your questions and/or assist you with filing your case. If payment of attorney fees is an issue, there are some low cost or no cost agencies that may be able to help, such as Catholic Charities, Lutheran Immigration Services and, here in the Tampa... View More
answered on Jun 27, 2017
The answer is probably no, but you should bring certified copies of the police arrest report, charging document, plea agreement (if applicable) and final judgment and sentence to a competent immigration attorney who can evaluate them. The way that one state words its breach of peace/disorderly... View More
I am in the process of getting married and I am doing the ceremony this Friday. For the immigration forms I am not financially stable just because I am an expired DACA student, and I am not able to work. My fiancé(US citizen) is the only one with a steady income and maintaining me at the moment.... View More
answered on Jun 27, 2017
There are only a couple of categories of cases for which the I-485 filing fee may be waived by using Form I-912. In relevant part, the instructions to Form I-912 provide:
Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are... View More
I visited her country and we developed a relationship. Now I want to marry her, and bring her to live with me. ( I am twenty years old and she is 24) How should I proceed? Should I go there to marry her? Or can I apply for her to come here so we can get married here? Do i also have to hire an... View More
answered on Jun 22, 2017
Government processing times can differ by several months between a case where you are already married (Petition for Relative followed by immigrant visa consular processing and/or K-3 visa processing) and a case where you are not already married (Petition for Fiance(e) followed by K-1 visa... View More
Would he still be able to visit me without a green card
answered on Jun 20, 2017
Simpy marrying a U.S. Citizen or U.S. Legal Permanent Resident does not automatically result in one's visitor visa being revoked. That being said, if he departs the United States and later attempts to reenter the United States using the visitor visa, it is always possible that a U.S. Customs... View More
My daughter moved to London 4 years ago and married a UK citizen. She wants to obtain a visa for her husband. Does she need an attorney from UK to help her husband get a visa or can she get a lawyer from the U.S. to help her with that?
answered on Jun 20, 2017
If by "getting a visa for her husband" you mean that she wants to sponsor her husband for U.S. Legal Permanent Resident status, then to the extent that they intend on hiring a lawyer, it should be one who is authorized to practice U.S. immigration law. There may be a U.K. attorney who is... View More
I've got my green card trough the employment (5yr) but Im also married to US citizen(3yr). How should I apply in n400? First question alone is confusing, I can select A or B? Applying trough "married to US citizen" creates more paperwork . Need advice how should I apply. Thank you
answered on Jun 19, 2017
You may be able to apply under either the 5-year rule or the 3-year rule. Whether you pick one over the other may depend on whether you have criminal history, for example, within the last 5 years but not within the last 3 years. USCIS evaluates whether one has good moral character for either the... 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.
