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answered on May 9, 2016
The DACA black strip does not impact the DUI. The DUI may be an issue with immigration (crimes of moral turpitude).
I'm 18 y.o. and trying to obtain a green card. I have lived in the US since I was 10 and my mother recently married a US citizen so both she and my sister have green cards, but because I don't have a good relationship with my family my mother refused to help me with the process.... View More 
answered on Apr 28, 2016
There are ways (esp. via employment), here is a link to the USCIS webpage related to green cards. https://www.uscis.gov/greencard .
for example if you have both Canadian and American green cards and when you are making your entry to Canada from America or vice versa can the immigration officer raise an objection seeing the American Green card? Having a Canadian resident visa and that being activated by your initial entry... View More
answered on Apr 22, 2016
It is fine to multiple permanent resident statuses in DIFFERENT countries. Which card you use when you enter will impact your immigration status (e.g. a Canadian resident would need a visa for an extended stay in the US; but a US resident has no limitation on how long they stay in the US). Note,... View More
We have about $1600 per mo. My wife will work when it becomes possible. What is the best visa,easiest to obtain so we can start the process asap, for health reason., I think I can I can get a tourist visa quickly for her, but I'm not sure how costly or difficult it will be to convert to a... View More
answered on Apr 19, 2016
Generally speaking a tourist visa cannot be transferred to another visa. If you are seeking permanent residence/citizenship there are various methods (none of them easy): here is the link to USCIS for a Green Card (permanent resident) information (including the application):... View More
currently I am on H1 visa and I would like to do some courses on cosmetology in Colorado springs. My question is whether I will be eligible to get work permit on the same or is there any procedure to be followed.
Please advise.
answered on Mar 31, 2016
H-1B visas are restricted to "specialty occupations" (licensed professions and high skilled occupation that require at least a bachelor's degree). Cosmetology would not qualify as a specialty occupation. You are welcome to go to apply to cosmetology school, but you cannot enroll... View More
I originally entered the US on an E3 visa and recently got married. My i-485 and i-130 are still currently pending and we are due to go on our honeymoon. If I leave and return, will it be considered an abandonment of my application? Will they even let me back in on my E3 since I showed intent to... View More
answered on Mar 25, 2016
As a general rule, the only thing that matters to USCIS is whether you have changed your residence outside of the US. A honeymoon/travel is not normally classified as a change of residence or intent to leave the US permanently. I recommend that you schedule an appointment with the USCIS is Denver;... View More
My wife got pregnant, and we tried applying for work permit and green card, waiting on response i overstayed around 4-5 months, it got denied because one of the forms couldn't be fee waived, can we still try and apply once more with sufficient fees, as i overstayed due to waiting ?
answered on Mar 20, 2016
Normally the cut-off for inadmissibility is more than 1 year from the expiration of lawful admission into the US, so you should be able to reapply. You can also submit an I-601 Waiver of Inadmissibility (see Part 4, box17/18). You may want to consider hiring an immigration attorney to advise you... View More
I got my green card tru trafficking visa ,I filed it together with my 3 kids since 2013 and approved in June 2014. I got married Jan 2014 to a US citizen . I have read that if your married to US citizen you dont need to wait for 5 yrs , but I didnt get my green card thru marriage so Im wondering... View More
answered on Mar 19, 2016
Yes, you may qualify. Follow this link for info from USCIS: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization .
I've done the age-old thing by falling in love with a French guy. I'm a US citizen and I know about PACS but it requires a year of living together. I want to be able to go to France on my tourist visa, marry him, and then stay there. But I won't have enough money or medical coverage... View More
answered on Jan 14, 2016
You can get married, but if you overstay your tourist visa you will be in France illegally and your overstay period will not count towards any US naturalization tolling (counting) period for your French BF/husband. If you decide to get married, make sure to file the certificate in both France and... View More
Im under daca. Can i go through border checkpoints?
answered on Jan 10, 2016
DACA status is not wholly settled law right now. Leaving the US can affect your status, but it depends where you are in the DACA process. If you have a fully granted DACA, then you can leave the US if you advanced parole (make sure you have all your documentation); if not, leaving the US interrupts... View More
i was born in England,my mother married an american who is not my father. when we moved over i came over on my mothers passport with a temp alien number that has long since expired.
Since moving here i have been given my step fathers last name.
Unlike my mother,I never got a... View More
answered on Dec 31, 2015
It can be very confusing. It is not clear to me what classification you are for immigration purposes (you should be a permanent resident or resident alien with a work visa). You should be able to qualify for full US citizenship via: your biological father, step-father (if he formally adopted you)... View More
My wife came into US as a dependent (F2) in 2002 and has progressed through H4 (through my H1B) and now she has EAD/Advanced Parole waiting for the green card to be issued (India quota). She was charged with shoplifting in 2014 and received a deferred sentence in Colorado (Class 2 Misdemeanor for... View More
answered on Dec 23, 2015
This question is too specific for this venue (answering would create an attorney-client relationship). I suggest that you either contact a lawyer or schedule an office visit with USCIS in Denver.
My fiance and his family are from American Samoa, so they are US nationals. They moved over to the US. His sister is pregnant from her fiance, who lives in American Samoa, but was born in Western Samoa. He wants to move over here to the US to be with her and take care of the baby and work. What is... View More
answered on Dec 2, 2015
You are correct that a foreign alien must have a sponsor (along with meeting many other requirements) to begin naturalization. A sponsor can also be an employer--that is a person can self-sponsor. As for some treaty rights between West v. US Samoa, it is possible that there is a special provision... View More
And I'm on probation it's my first offense on domestic violence and also first conviction
answered on Nov 30, 2015
It depends based on the conviction, you should work with an immigration attorney in private to analyse your files and your conviction code and to let you know if that conviction will affect your naturalization process. It is hard to say without going through the actual conviction documents. All the... View More
Does immigration only check for legal status or also criminal like warrants?
answered on Nov 11, 2015
Visitors are required to provide some authentication and provide basic information about themselves. Homeland Security (the parent for USCIS) may or may not check for warrants. The check is usually based on a suspicion of you or your boyfriend. The safest approach is to assume that a warrant search... View More
He is a university graduate and had several computer business, wife is a Medical surgeon. They are frequently harass to give to the local bandits money and the police does nothing about it. Can they ask for asylum to the USA?
answered on Oct 20, 2015
You can find more information about different types of visa (work visa and self petition) on our website at http://aba-us.com/immigration/?lang=en. Good luck
The two jobs would both the part time, but I am trying to figure out what the minimum time is that I should be working for the "anchor" H1 employer (the University) in order to take advantage of the concurrent H1 opportunity.
answered on Oct 1, 2015
You will only be able to maintain now immigrant status while you are in the US. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility... View More
I have stayed in US on L1B VISA from April 2011 to October 2013. I came back to US again on Aug 2014 on a L2 VISA.I am working on EAD since Dec 2014. Now that my H1B is approved , How long I can stay in US in this scenario ?
answered on Sep 22, 2015
H1Bs are usually given for 3 years at first with an option of extension. So you can stay here as long as your H1B is valid, if your employer is willing to sponsor i-140 you can get a green card too. All the best.
15 years of successful immigration law experience. The answer above is only... View More
answered on Aug 31, 2015
It depends. Seek advice from an experienced immigration attorney. Good luck. www.aba-us.com
I was brought to the US before by my parents who are now both US citizens before my 16th birthday and as such qualify for Consideration of Deferred Action for Childhood Arrivals
answered on Aug 27, 2015
If you are not certain that your I-130 will get approved then yes you can file for a DACA. However if your marriage is legal and true and not just for getting a green card then you don't have to worry about DACA. For apply DACA there are some other requirements too. Try taking a look at the... View More
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