The fact that one has previously sponsored an ex-spouse does not automatically foreclose sponsoring a second spouse. USCIS will simply look at your facts to make sure this is not, e.g., a pattern and practice of marrying foreign individuals, for example, to earn money. The measure for approval... View More

As another colleague pointed out, consider seeking the assistance of the Ombudsman's office. Out of curiousity, did you pay the filing fee with a personal check? If so, was the check cashed? If so, look on the back side of the cashed check (through your online banking). USCIS will put the... View More

Consult with a competent and experienced immigration attorney and be prepared to provide copies of your criminal case documents for analysis. If the charge is the petit theft statute (and not the retail theft statute), there is actually good case law as it relates to such an offense NOT being a... View More

One should not knowingly and intentionally use a visitor visa to enter the United States to pursue adjustment of status, as a visitor visa is a nonimmigrant visa not intended for that purpose. That is not to say one cannot adjust status off of a visitor visa, but one should not have the intent to... View More

Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss with you, among other things, the 2-year return residency requirement of certain, but not all, J-1 visas. Moreover, even if your wife is not subject to the 2-year return residency rule, if she... View More

Processing times for change of status from one nonimmigrant status (e.g., E-2) to another nonimmigrant status (e.g., F-1) are very lengthy; much longer that the likely processing time for your marriage-based adjustment of status case. Moreover, maintenance of status for your daughter is crucial.... View More

To be clear, what you are speaking about is not a new law, but a new policy under the Biden administration. A subsequent administration could do away with the program if it so chooses. As to one's financial responsibilities under the program, they are not the same as those under, for... View More

For the purposes of answering this question, I will assume that you are either a U.S. Citizen or U.S. Legal Permanent Resident yourself and that the "mother" mentioned in your question is your spouse and the child living in Thailand is your step-child. A step-parent can petition for a... View More

Consider scheduling a consultation with a competent and experienced immigration attorney who can look into the case on your behalves. Recently, USCIS has been processing cases very slowly. So, there may not be anything wrong with the case. That being said, it is not a bad idea to look into... View More

Assuming you are a U.S. Citizen, which is not something mentioned in your fact pattern, your spouse may be eligible to apply for adjustment of status whether filed before or after the expiration date of his/her I-94 card. A consultation with a competent and experienced immigration attorney is... View More

Assuming you are either a U.S. legal permanent resident or U.S. Citizen, you can file a Petition for Relative for your spouse immediately upon marriage. Whether it may be approved depends on a number of factors, including whether USCIS believes your marriage is bona fide and/or whether or not your... View More

Simply mark yes to the question about having filed a petition previously for your mother and then input the information that the form asks (name, date of filing and that it was approved). I might suggest that on the addendum page (page 12), you then indicate that the NVC terminated the case after... View More

Having entered the United States illegally would complicate, but not necessarily derail, a marriage-based immigration case. There may be strategies for you to explore in terms of a marriage-based case after you are given U nonimmigrant status. If, however, you are still years away from a grant of... View More

The regulations indicate that USCIS is supposed to give the greatest weight to your reasonably anticipated income for the year in which the case is filed. You don't specify what your current income is or what your household size is. So, the answer is "maybe." Either way, consider... View More

The short answer is both. However, there are additional required forms to be filed and some optional forms. Consider scheduling a consultation with a competent and experienced immigration attorney who can discuss all of the requirements as well as analyze any possible problems with your case.... View More

As another colleague already mentioned in his reply, you should consult with a competent and experienced immigration attorney who can discuss with you the concept of immigrant intent as it relates to applying for a nonimmigrant status (like F-1). Some attorneys offer online video or telephone... View More

No, you do not need to sponsor your U.S. Citizen daughter. She will be added to the household size calculation, however, on the Form I-864. Consider scheduling a consultation with a competent and experienced immigration attorney if you need assistance completing any necessary forms.

There is much more information needed in order for any attorney to offer meaningful advice. Consider scheduling a consultation with a competent and experienced immigration attorney. Many attorneys offer online video consultations. Good luck.

Unfortunately, no. Once your I-601A is approved, you can show that (and other certain documentation) to get a driver license. Consider scheduling a consultation with a competent and experienced immigration attorney if you have additional questions.

Consider scheduling a consultation with a competent and experienced immigration attorney who in the privacy of that consultation can evaluate all of your facts to see what more possibly can be done. Based on the limited information provided in your question, it is difficult to say what you may or... View More