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Me and my wife got married January.
I came with a visa when I was young and just stayed after it was expired. I have daca now and clean record. I’m 24 and she’s 20(21 in June) would it be easier to get a lawyer? Or can I do the paperwork myself? Any places that help with the paperwork... View More 
answered on Apr 20, 2018
If your wife is a US citizen, she could sponsor you for a green card and you could prepare the applications on your own.
Probably the most sought after U.S. immigration benefit is obtaining permanent resident status. One of the most common ways an immigrant will get a green card is through... View More
Is their a document he can sign to surrender any right he may have. I'm the one that's going to help him get his green card and I don't want to be screwed. One is a rental property the other is a home I just bought and live in. He did sign the deed where he's acknowledging the... View More
answered on Jan 31, 2018
It is important that the deeds to your properties are in your name only. In addition, your husband should sign a disclaimer deed for each of your properties confirming that they are your sole and separate property and he has no interest in them The disclaimer deeds must be recorded.
citizenship that she can start applying for now? especially that we are getting divorced now after 20 years? Will she have to go back to Canada?
answered on Apr 20, 2018
No, she will not have to return to Canada since she is a lawful permanent resident of the United States. However, she will have to wait until she has a green card for 5 years before she can naturalize.
She will be a dual citizen of Canada and the United States.
I have a 10 year multiple entry tourist visa.( second renewal)
I have not stayed more than 2 months at any visit except once i stayed three months.
At Arizona twice i was given 1 year stay but i left in a months time.
This time too i have a year stay. My daughter is unwell... View More
answered on Jan 18, 2018
You can stay as long as you are permitted to do so. If it is not enough time, you can request an extension.
He is 2 years old. Can his mum come at the same time. I am not married to his mother. I think he qualifies for follow to join benefits. Can his mother stay if she needs to apply for a separate visa?
answered on Jan 10, 2018
Your son should be able to “follow to join”. If you marry your son’s mother, you can petition for her, too. That is the only option we see based on the facts presented. You may want to consult with an immigration attorney to see if there are other options.
his social security and work permit are about to expire so does his drivers license. can we still get married without this papers?
answered on Apr 20, 2018
Yes, and you can sponsor him for a green card. However, it would be better for you to wait until you become a US citizen to sponsor him.
robably the most sought after U.S. immigration benefit is obtaining permanent resident status. One of the most common ways an immigrant will get a... View More
I am currently in US working on F1-OPT and will be going to India to get married and attend H1 visa after marriage. My fiance (then wife) already has a valid H1 permit. Do I need to provide any additional documentation? I am hoping she does not have to attend the interview with me. I appreciate... View More
answered on Dec 13, 2017
Based on what you said, there appears to be no reason for your wife to appear with you at the visa interview since there is no connection between your marriage and the visa. We recommend that you bring a copy of your marriage certificate, since you probably completed your visa application before... View More
What do we do? How much money do we have to send with the papers and which papers do we send? Should she go back to her country and then return? CAN she??? How much time would she have to wait in her country?
answered on Dec 2, 2017
More information is needed. Are you a US citizen? If you are and your wife entered the US legally then her overstay (assuming that is your question) would be forgiven and she will be able to adjust her status while remaining in the US. If you mean that your wife entered with a B2 visa and her... View More
This is a business I am trying to buy and apply GC based on this business 5 employees. $250,000 is the cost.
answered on Apr 20, 2018
You may be able to qualify for an E-2 visa if your country has a treaty with the US which permits this.
However, you would not qualify for a green card. See below:
EB5 – stands for employment based 5th preference immigrant visa category. This visa category is allocated to foreign... View More
My son and I are on an L2 visa. My wife is the L1 visa holder. Her L1 visa will expire on November 12, 2018. All our I-94 are still valid until November 12, 2018. However, her job assignment here in the US would end in December 2017 and will return back to the Philippines by January 2018. Just a... View More
answered on Oct 21, 2017
Your son can request of change of status from L2 to F-1. The school or the district should have information that could help with that. There is no provision for you to stay as a student, though you might be able change your status from L2 to B1/B2 (tourist).
Hi, I've contacted USCIS regarding the current process time of i539's.
They told me that as of right now, it may take up to 7 months to get an answer to my request.
Lets say that I'm asking for a 6 months extension of my B-2 status starting from today, but I get an... View More
answered on Sep 28, 2017
If you filed in a timely manner, (recommended: more than 45 days before expiration of the authorized stay), then you have some recourse if your I-539 is denied. If it is denied, then leaving ASAP should minimize the impact of any unlawful presence, given the circumstances.
If the I-539 is... View More
I was born in el Salvador but i was raised in Sydney Australia, I'm a Australian citizen. I came to the USA in 2001 November 4th.and ever since I worked illegally and don't have ID or pay taxes. I need help to get my life in check I never got in trouble or nothing like that. Just want to... View More
answered on Jul 25, 2017
Give me a call tomorrow between 9:00am -2:00pm EST, email me at the connected email address (juan@cervanteslawyer.com), or text at (540) 699-0252.
The expiry date in the amendment approval is 09/14/2017 and expiry date in original petition is 05/04/2018. The expiry in the amendment approval is exactly matching with expiry date in previous employer's I797 approval notice i.e 09/14/207 and looks like something wrong . Do we need to file... View More
answered on Jun 6, 2017
This looks like a USCIS mistake, but it would also be a good idea to check the extension petition papers over carefully as prepared by your employer or its attorney, in order to make sure that there was no typographical error at its end. If there was a USCIS mistake, calling the USCIS customer... View More
I need some advice about using advance parole for a short visit home (non-emergency).
I entered the us on the visa waiver program last year , intending to stay 2 weeks . Things changed and I ended up staying and marrying my husband . My stamp expired on 20 November 2016 and we filed... View More
answered on Jun 5, 2017
I am going to assume you have a pending I-130/I-485 and that is the basis for your EAD. NO. DO NOT TRAVEL until you have received your conditional green card. You made the decision to enter the US on a non immigrant visa and remain to immigrate. You need to sit tight. If you leave, your... View More
Charges dismissed by cty atty--1 year later. (august 2012) This was for a cmt (ARS 13-1805(a5). Have been in US legally since 1980--no other contact with law enforcement whatsoever.
answered on May 13, 2017
It is possible for a case that has been granted deferred prosecution may be refiled at a later date. Whether this may happen in your case I can't tell you without knowing the case history.
Hi, my parents were green card holders and 15 years ago after being in the states for 11 years due to family issues they had to travel back to Iran. After a couple years their green cards expired and they thought there isn't anything they can do about it. Now I am living in the United states... View More
answered on May 2, 2017
The LPR status for your parents was likely considered abandoned years ago. You will need to re petition for them if they would like to be LPR's. They may also apply for visitor visas. However visitor visas may be difficult for them to obtain because of the evidence of immigrant intent. For... View More
I am the petitioner who is in the process of an IRC visa (spouse/stepson now overseas). I was told to file a separate I-864 form for each immigrant. When filling out this form specifically for the stepson, who is the primary immigrant? Is it still the spouse, and do I list the spouses name in this... View More
answered on Feb 26, 2017
Your spouse is the primary immigrant. You file the I-864 for each immigrant and the I-864 is the same for each filing only for different individuals. If you are doing this yourself read the instructions carefully.
Received the green card upon landing, stayed for 3 weeks, and never come to US again
Q1: I am assuming his green card status automatically canceled and NO further action needs to be done. If he needs to come to US again in the future, he can apply for a visitor visa. Can you confirm?... View More
answered on Mar 2, 2017
I am not an immigration attorney, but it is my understanding that the cancellation of a green card due to abandonment does not occur automatically. While USCIS can revoke Green Card status due to abandonment, it must take affirmative action to do so. If a Green Card holder has not received notice... View More
the dui's were charged as misdemeanors.
answered on Feb 24, 2017
Depending on how long ago you received your last DUI you are likely going to need to show rehabilitation, that you are not an alcoholic and that you meet the requirement of good moral character.
I am asylum pending applicant. I have a lawyer. I was wondering if I have to use my lawyer for the EAD renewal process. I am confident I know what/where/how to file the application and the materials necessary and because I am a little strapped for cash I'd like to do this on my own without... View More
answered on Feb 19, 2017
No. You do not need to use your lawyer for EAD. That is your decision. If you file pro se, you would not need to file a G-28.
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