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I am a permanent resident and I want to know if I can married my boyfriend (who lives out of the country) and have him go back to his home country. When I gain citizenship (I applied already and I am in my sixth month of waiting for an interview), I could have him come back to the USA and filed an... View More
answered on Oct 1, 2020
You can marry him while you are only a permanent resident and can in fact file for him while you are only a permanent resident. His case will be placed in the preference category line. After you naturalize, you can always "upgrade" it to "spouse of U.S. Citizen." As far as... View More
answered on Sep 17, 2020
As you can see from the responses, there are attorneys available to assist. Consider scheduling a consultation with an experienced immigration attorney who can not only listen to what your concerns may be, but who can also ask you a series of questions to determine the issues that may exist for... View More
I am a US citizen and I want to bring my boyfriend from Dominican Republic to the United States. I would like to know which would be the best and fastest way - should I merry him in DR or should I apply for the fiance visa here in the US ?
answered on Sep 14, 2020
Generally speaking, and assuming that you and your fiance(e) meet the requirements for the K-1 visa process, a fiance(e) based case would go faster than a case wherein you marry abroad. That is a generalization, and you should consider having a consultation with an experienced immigration attorney... View More
answered on Sep 7, 2020
Additional details are needed in order to answer accurately your general question. A competent, experience immigration attorney will likely ask you a series of questions to determine what are your facts and, based on those facts, what is the best course of action for you. Many attorneys during... View More
answered on Sep 1, 2020
It would be best to schedule a consultation with a competent immigration attorney. There are additional details that are needed in order to be able to provide an answer. There can be different paths to citizenship depending on one's facts. Many law firms, including my office, are providing... View More
Changing status from H1B to B2 due to job loss or personal reason, need additional time to dispose things in the states.
answered on Aug 30, 2020
Supreme Court case law affords children an education up through and including high school, notwithstanding their immigration status. Of course, a child in B-2 visitor status who attends school would be violating the terms of his/her visitor status, but the school would not (should not) prevent the... View More
The child is a minor and we feel she needs to come to USA with her mom.
answered on Aug 26, 2020
Consider scheduling a consultation with a competent immigration attorney who can review possible options in depth with you. By my reading of how you have phrased your question, you seem to be stating that your husband has a minor child from a prior relationship, and that you wish for that child... View More
Hello, my American citizen husband and I got married back in June of 2018 here in Florida, right after we got married, we sent the form I-130 only, together with a lot of documents and photos that proof our relationship through the years we’ve been together, it took a whole year to get approved,... View More
answered on Aug 16, 2020
Generally speaking, if the Petition for Relative has already been approved, you should not need to provide additional evidence of the bona fide nature of your relationship with the Form I-485. That being said, it can't hurt to do so. Regarding the public charge form, there is much ongoing... View More
Born in Brazil, family moved to new york. Has very little new york identification, no birth certificate,.
But has had food stamps in new york.
He is 56. Y/O.
Who can help him get his identification paperwork updated for Florida.
He can not get any food stamps.... View More
answered on Aug 3, 2020
A little more information is needed to be able to provide a best response. Were his parents U.S. Citizens at the time of his birth abroad? Did he ever have a green card, some type of visa to come to the U.S. or ever apply for a certificate of citizenship or any other immigration benefit with... View More
So would he and his wife be able to get through
answered on Jul 29, 2020
Although the Child Status Protection Act (CSPA) can under certain circumstances protect a derivative beneficiary child from "aging out" of a petition, a derivative beneficiary child who marries cannot, by virtue of being married, remain as a derivative beneficiary on the case. Barring... View More
Im currently working in the US under a TN Visa that will expire in September, I read about the new restrictions for applying to H1B and student visas (among others) but there was no mention regarding TN visas. Do the same restrictions apply or since the TN was not listed its safe to assume its not... View More
answered on Jul 15, 2020
Consider scheduling a consultation with a competent immigration attorney. Even if TN is not affected by recent executive orders, border closures (Canada/U.S.) and embassy closures, the latter in particular if you are a Mexican in TN status, may make it wise to seek an extension of your TN status... View More
I have filed i130 in USCIS site as a beneficiary of a green card holder. In my account it shows that: "Your benefit request has been accepted and is under review." I am wondering whether I am able to file I485 now? If not, when can I do that? How can I be informed about approval of my... View More
answered on Jul 8, 2020
Consider scheduling a consultation with an experienced immigration attorney. A spouse of a U.S. legal permanent resident seeking to adjust status in the United States should maintain some type of lawful status up through the date an application to adjust status is adjudicated. You do not indicate... View More
What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?
answered on Jul 8, 2020
There are many missing pieces of information that an attorney would want to know in order to answer your question thoroughly (e.g., your manner of last entry to the U.S., your age now, your marital status, etc.). You may wish to consider scheduling a consultation with a competent immigration... View More
Will issues arrive if I accept employment abroad as she has been a LPR for roughly 1 year? What measures can be taken to avoid issues with an 'interruption' of her permanent residency in the U.S. if I choose to accept employment and we legally live outside of the country?
answered on Jun 25, 2020
The short answer to your question is "possibly." However, there may be measures you can take to protect her status as a lawful permanent resident, such as filing for a reentry permit. For whom you work abroad may also open up options for her, including naturalization (if that is... View More
My mom passed away in Jamaica. Can I travel to Jamaica?
answered on Jun 22, 2020
You need to have an immigration lawyer evaluate the disposition in your criminal case to determine whether it constitutes a ground of inadmissibility under Immigration & Nationality Act (INA) § 212. You would not likely experience a problem leaving the United States, but upon reentry,... View More
Do I have to be his financial guardian? Meaning, when I sign his paperwork, am I pledging to be his financial guardian?
answered on Jun 4, 2020
In addition to what other colleagues have already stated, I recommend that you read pages 6-7, in particular, of Form I-864. It spells out your obligations. Available online at: https://www.uscis.gov/system/files_force/files/form/i-864-pc.pdf?download=1 Consider scheduling a consultation with... View More
So I’m trying to get married to my girlfriend. She’s in the uk and im in the us. I know how the immigrant marriage visa process works to get her here. But how do I get married to her in the first place if you’re not allowed to marry on a tourist visa?(as this can ban her from the us... View More
answered on May 27, 2020
First and foremost, congratulations! Next, it is a common misconception that one cannot marry in the United States while here on visitor status. One can do so while in visitor status as long as the person does not have the intent at the time of marrying in the U.S. to thereafter pursue adjustment... View More
What are the new law’s
answered on May 6, 2020
I concur with the comments of my colleague Kevin Dixler. Consider scheduling a consultation with a competent, experienced immigration attorney who may be able to guide you through the process to avoid any pitfalls, to the extent that none exist already.
Denial letter was accompanied by a six page letter of allegations towards my green card petitioners -(my father and step-mother) allegations of fraud and misinterpretations . Opinions that I should not have obtained my permanent residency to begin and not eligible from their standpoint , I've... View More
answered on Apr 30, 2020
As my colleagues have already indicated, you should speak with a competent, experienced immigration attorney. You might expect to receive next in the mail a Notice to Appear in Removal Proceedings. In these proceedings, counsel for the government would be arguing that you should be stripped of... View More
I need to replace my temporary green card with a permanent one soon, and I want to change my last name from my birth one to my husband’s. Can I change it on the I-751 form? If so, how should I do it?
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