I have seen situations like this in the past. We usually provide a letter of explanation and the government has been good about not making findings of fraud or misrepresentation. Much depends on the facts of your situation, so be sure to consult with a lawyer before filing.
We are visiting family in the United States and I was offered a job in the US which I would have to start in a few weeks if I accepted as I am not currently working in Canada. I am a US citizen and my wife is a Canadian citizen. We also have a baby that is both US and Canadian citizen. I do not... Read more »
After she has been in the U.S. for 90 days, you can file a petition to adjust her status from visitor to lawful permanent resident. She can obtain a work and travel permit while the application is pending.
Once you have been in the U.S. for 90 days, you will need to file an adjustment of status petition. You will get a work permit while the application is pending and you can remain in the U.S. until a final decision is made.
I ( Costa Rican citizen, with DACA status) plan on marrying my fiance (US citizen) soon, but I want to know when is the safest time to ask for legal papers soon after marrying him without it looking suspicious to the immigracion rep.?
Before you file anything, please make sure that you are eligible to adjust your status in the US. There really isn't a time to wait in your situation. The big question in your case is Consular Processing with a Waiver versus adjustment of status in the U.S.
My wife had her national interest waiver approved in July and now awaiting her Green Card. Fortunately for me, I was given a B1/B2 visa and now in the United State. I arrived United States on the 11/09/2017. Also, we have a 2 year old daughter who was given birth to in United States.
I’m a US citizen and my spouse is a Spanish citizen (Spain). We got married in 2011( in Spain) and have been living in Spain since then. We want to move to the States in 2018. Do I (US citizen) need to return to the States first to secure a job in order to petition for my spouse’s green card? I... Read more »
I already had a couple of H1B visas, I left the US soil for 5 years on an unfinished one (exp. was 2012 I left in 2011). I came back in 2016 under a J1. My question is: Can I get an H1B sponsor somewhere else and will I be cap exempt? The employer I wanna get a sponsor from is my former employer a... Read more »
You can look for and be sponsored for an H-1B elsewhere. Whether it will be a cap exempt will depend upon the employer and how well documented is its affiliation. You also need to consider whether you need a J-1 waiver.
We are working together to get enough money for a small piece of land to get started with a greenhouse for farmers' markets. We will be in Crete in the winters doing business there. Eventually I hope to be able to hire him as an employee so he can bring his wife and children at some time in the... Read more »
He is being charged w/Illegal re-entry after deportation. We want to marry while he is in a Texas Federal Holding. Can we? I lived with him from 3/14/16 to 7/8/17 in Mexico after deportation and in Dalhart, TX from 3/3/15 to 3/14/16. He waiting sentencing in Pecos Criminal Municipal Detention and... Read more »
I am a U.S. citizen petitioning the I-130 for my husband and got approved just recently. I now have a Case number from the NVC. Furthermore, my problem is that I am temporary living abroad in Saudi Arabia with my husband and I am 20 years old but, I can't show any income for the Affidavit of... Read more »
You can use liquid assets or find a co-sponsor that has sufficient income. A co-sponsor must be a U.S. citizen or Lawful Permanent Resident. You will need proof of their citizenship or residence and a copy of their last Federal Tax Return.
She can apply at a U.S. Consulate for a visitor's visa, but you need strong evidence of her ties to her home country. If not, then your husband can sponsor her for lawful permanent residence once he become a U.S. citizen.
I have heard of other citizens 'adding name' so that they can legally continue to use both their old name and the new added name. Can I do this at naturalization? I understand changing name completely can be done at naturalization though. My dual citizenship would be with Taiwan, if that helps on... Read more »
It means that you were inspected by an immigration officer at a port of entry and granted admission. There is also a legal fiction that equals admission when you are already in the country and are granted a new immigration status.
My father is now a resident of USA since October 2015 he submitted my documents in November 2015. My priority date is 09 January 2015. In February 2016 I received my last email from the NVC notifying me that in 60 days i would receive my interview date. Then i turned 21 in April and in September... Read more »
You should consult with an immigration attorney to see if the Child Status Protection Act (CSPA) applies to your case. This law could allow you to deduct time from your age so that your legal age could be less than 21 years. If not, then you might have to wait for your priority date to become...Read more »
My 14 years old nephew is here at the USA (MA) with me with a tourist visa. He is legally allow to stay until December but due to the critical situation in Venezuela we would like for him to stay with us - What do a need to do to get my nephew to stay with a legal status?
If you are a U.S. citizen, then you should consult with an attorney about seeking an adjustment of status to Lawful Permanent Residence on his behalf. They will need to review your legal custody documents to determine if they are sufficient for U.S. immigration purposes before they file.
The wounding with intent charge is over 20+ years, he served less than 3 years in prison in Jamaica. He has some minor offenses after that the last being in 2009. We tried to have his police record expunged but after being told they could expunge but had to wait 3 years, they said no it is not... Read more »
You need to obtain a copy of his criminal record and have an immigration attorney review it to see if it gives rise to any grounds of inadmissibility and if there is a waiver available. So, there is a chance that he could get a visa, but you need to have everything analyzed in advance so that you...Read 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.