You don't need to reapply. Rather, you and your mother could send notification to USCIS (if the petition is still pending there) or to the National Visa Center (if the case is now there) that you have divorced with proof thereof (e.g., divorce judgment). Using the existing petition, they... View More

The "3-year rule" applies to a permanent resident applying for naturalization who is married to and living with a U.S. Citizen. So, unless you would be basing your own naturalization application on your marriage to and cohabitation with a U.S. Citizen, notwithstanding how you obtained... View More

Unfortunately, no. The 3-year clock regarding eligibility for naturalization under INA § 319(a) begins as of the date you acquired U.S. legal permanent resident status.

Consider scheduling a consultation with a competent immigration attorney who can discuss with you the next steps to take. As part of the process involves you submitting on her behalf a Form I-864, Affidavit of Support, which requires demonstration of a certain level of income for you, and because... View More

Consider scheduling a consultation with a competent immigration attorney as other colleagues have suggested already to you. Regarding filing of an application for naturalization (N-400), so long as one meets eligibility requirements for naturalization, one my file a Form N-400 while his or her... View More

I agree with my colleague Ileana M. Rivera's response. There are too many details missing from your question for one to be able to answer it properly. Consider scheduling a consultation with a competent immigration attorney who can discuss in private the details of your prospective case.

Are you the U.S. Citizen petitioner, or are you the foreign national intended beneficiary? Based on your question, it would seem that you are the U.S. Citizen. Although your participation in a past marriage-fraud case may raise a red flag as to the bona fide nature of your current (prospective)... View More

Are the mother and father of the daughter married to one another? So long as the mother "can be credited with 40 quarters of coverage pursuant to the Social Security Administration’s regulations" (as opposed to having earned herself), then the father's/husband's credits may... View More

Arguably, so long as your fiancée intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of... View More

To be clear, so long as your fiancé intends on returning to the U.K. to conclude a family-based immigration case at the U.S. Embassy, there is nothing fraudulent or illegal about marrying in the United States while here in visitor status under the Visa Waiver Program. The U.S. Department of... View More

Assuming you (the petitioner) are a U.S. Citizen (not simply a U.S. Legal Permanent Resident), if your DACA spouse last entered the United States using a visa, with just a few limited exceptions, he is likely eligible to complete the marriage-based immigration process stateside through what is... View More

The citizenship laws have changed over the years. You should likely schedule a consultation with a competent immigration attorney who can evaluate the specific facts of your life and your father's as they relate to the law possibly applicable to your situation. Certain issues, such as... View More

If your Petition for Relative (I-130) case was denied due to abandonment, by not showing up at the interview, yes - it is possible to file again. Consider scheduling a consultation with a competent immigration attorney before doing so, however, to flush out any possible issues. With respect to... View More

ASSUMING that you meet the requirements for naturalization at some point in time during the pendency of the I-751 case, it is permitted to file an application for naturalization (Form N-400) without the I-751 case having yet been adjudicated. In some instances, it can actually help to speed up the... View More

Generally a PTI in the State of Florida, wherein I see from your post you are located, can be a good disposition in a controlled substance related case so as to avoid negative immigration consequences. I would warn you, however, that in analyzing a Texas PTI case, the Board of Immigration Appeals... View More

As others have responded, your sister cannot immigrate through any petitions you may file for your parents. She must be the beneficiary of her own petition, filed by either you or by your parents after they immigrate. Unfortunately, there are backlogs in both categories. Consider speaking with a... View More

Consider scheduling a consultation with a competent immigration attorney to go over in detail all facets of your case. Generally speaking, however, if you no longer have any intent of pursuing F-1 status and so long as there are no inadmissibility issues in connection with your "green... View More

If you have not already consulted with an experienced immigration attorney, you should likely do so. The 10-year penalty of which you speak is triggered upon departure. If you are a U.S. Citizen and if your mother has the intent to immigrate to the United States, there may be a way to legalize... View More

In my experience during the current administration, consular officers are being particularly difficult as it concerns determinations regarding the sufficiency of people's income for affidavit of support purposes. Certain disability income may not be used to make sufficient an affidavit of... View More

The answer to your question depends on whether the individual in question was inspected and admitted or paroled. The individual should schedule a consultation with a competent immigration attorney and bring copies of all immigration documentation issued to him or her.