Get free answers to your legal questions from lawyers in your area.
Once she is accepted in College would she be able to quit her job while waiting on her Student Visa (and still live in Florida)?
answered on Nov 26, 2018
She should schedule a consultation with a competent immigration attorney. If she is hoping to do a change of status from within the United States, maintaining lawful nonimmigrant status at all times is imperative. Again, she should seek the advice of an attorney who can review all strategies with... View More
My question is, would it be helpful, or might it be illegal.
I was born in Cuba, arrived here in 1962, married a canadian and became a citizen of Canada. my daughters were born there.
I returned to the U.S. in late 1980's, subsequently I became a U.S. citizen. I'm now married to an American.
answered on Nov 14, 2018
Of course you can file Form I-130 for your daughter(s). You may also wish to schedule a consultation with an immigration attorney to flush out other possibilities. When your children were born, and I'm uncertain whether at the time of their births Cuba had an embassy in Canada, did you... View More
answered on Oct 22, 2018
File Freedom of Information Act (FOIA) requests with both U.S. Citizenship & Immigration Services (USCIS) and the Immigration Court housed under the Executive Office for Immigration Review (EOIR).
My H1B is about to end soon and I'm still waiting for approval of my extension. I'm supposed to marry my girlfriend who's happened to be a US citizen during December which was pre-planned. What should I do if I'm out of status by then(if my extension gets denied)? Should I leave... View More
answered on Sep 21, 2018
Visa overstay can be forgiven in the context of a petition for relative / application to adjust status case when the relationship is that of marriage to a U.S. Citizen petitioner. I recommend that you consult with a competent immigration attorney in an attorney office setting, so that an attorney... View More
she got arrest for fraud to medicaid. can she request a waiver? and what type?
Thanks much
answered on Sep 7, 2018
She certainly should schedule a consultation with an experienced immigration attorney. She should bring copies of all her past immigration paperwork and copies of all criminal case documentation, the medicaid fraud case and any other. It is impossible to provide an answer without reviewing all... View More
He's in prison and being told he's being deported. We have been married since 2001. He has violent charges. Is he going to be deported
answered on Aug 27, 2018
One should gather proof of your husband's permanent resident status (e.g., copy of his green card) and proof of his parents' citizenship (e.g., naturalization certificates) and bring those items to an immigration attorney for analysis. It may very well be that your husband acquired... View More
answered on Aug 10, 2018
Yes. Following the Supreme Court's holding several years ago that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, then-President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples would... View More
I was told there’s another form I can fill out to bring her to the US why she waits for her approval is this true
answered on Jul 18, 2018
You may be thinking of the K-4 visa process, but unless your wife is pursuing the K-3 visa, your step-daughter would not be able to employ that strategy. Consider scheduling a consultation with a competent immigration attorney who can speak with you to more fully understand your case history and... View More
Registered to vote. And voted. I have a child here in USA. I want to see if anything I can do.
answered on Jun 5, 2018
You certainly should speak with a competent immigration attorney in the context of a consultation. Making a false claim to U.S. Citizenship and voting illegally can have substantial negative effects in the context of immigration cases. If you are a U.S. Legal Permanent Resident now, have voted... View More
Do I need to file a separate petition one for my wife and one for my 2 year old daughter? Or can my daughter be listed on my wife's I-130 as a derivative beneficiary?
answered on Jun 4, 2018
Assuming when you say that you are a "U.S. Resident" you mean U.S. Legal Permanent Resident, then yes, only one petition needs to be filed for your wife, to which your child can be attached as a derivative beneficiary. You can, however, in the abundance of caution file separate... View More
answered on Jun 4, 2018
Although you should likely schedule a consultation with a competent immigration attorney to flush out any possible issues with your prospective case, speaking generally the process involves filing a petition for relative with U.S. Citizenship & Immigration Services (USCIS) (see... View More
I can't find my I-94 online because I've been here over 5 years and I don't know if that's the reason why I can't see it come up in the system I want to know if I can put in my paper Works without it are I have to pay the full amount to get it back
answered on May 9, 2018
First, I would recommend that you file a police report. Second, to obtain proof of your lawful inspection and admission, you can try two things. To get a replacement I-94 card, you can file with U.S. Citizenship & Immigration Services a Form I-102, Application for Replacement/Initial... View More
He is not legally divorce and a divorce would take about 2 years in India.
answered on May 1, 2018
If your boyfriend meets the jurisdictional requirements for filing a divorce action here in the United States, then it may be easier for him to file for divorce here. He should speak with a competent family (divorce) law attorney. If by your question you wish to know whether you (assuming you are... View More
answered on Apr 23, 2018
The answer to your question depends on a number of factors, including knowing the citizenship of the adult unmarried son. Each month the U.S. Department of State issues a document known as the Visa Bulletin, available here:... View More
Does that mean I can apply for a immigration visa?
answered on Apr 19, 2018
Depending on the level of your recognition in your field (music), you may qualify for, among other possibilities, an O-1 visa. You should schedule a consultation with a competent immigration attorney who can evaluate your credentials to see what immigration options may exist for you. For some... View More
Mom had N400 denied due to being out of US twice for 8 months at year two and four of 5 year residency in US for medical reasons .Additionally she did not understand the question about immediate relative (son) still being in US, and filling taxes and denied based on these answers which she gave... View More
answered on Apr 18, 2018
Consider scheduling a consultation with a competent immigration attorney who can review the particular facts and discuss the possible arguments for an N-336 case in the privacy of his or her office. It may be worth it to file an N-336.
My dad came to the US in 1959 and held permanent resident status until 2010 when he left the country without a passport. What are his legal options for returning?
answered on Apr 2, 2018
Additional facts are needed in order to know what your father's options may or may not be. When your father came to the United States in 1959, was he coming then as a permanent resident? Did he acquire permanent resident status at that time, or at a later date? Was he immigrating then with... View More
Hi,
I'm 21 and a canadian citizen in the US. What forms do I need to fill out to stay in America though I overstayed my stay by a year.
Could I just go to an interview and explain it was due me being involved in a domestic violent relationship during my pregnacy? We are... View More
answered on Mar 29, 2018
There seem to be several factors at play in your case that should likely be discussed in the context of a private consultation at an attorney's office. Given that you stated that you held previously a permanent resident card and were the victim of domestic violence, I would recommend that you... View More
My spouse is on Greencard(we got married 2 weeks back). my h1b is in transition as i am changing employer. if for some reason my h1b didnt approve , can i stay as a depended in USA? or will i be out of status ? do i need to go back?
answered on Mar 27, 2018
You and your spouse should schedule a consultation with a competent immigration attorney. Do you know if your spouse is yet eligible for naturalization? To the extent that you would overstay or violate the terms your H-1B status and try to pursue a green card through your marriage,... View More
answered on Mar 28, 2018
Respectfully, your question is very vague and many additional facts need to be known. You should schedule a consultation with a competent and experienced immigration attorney. Bring with you to your appointment copies of any past immigration paperwork, including but not limited to... 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.