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As an F-1 visa holder in Illinois married to a U.S. citizen, I elected to be treated as a resident alien for tax purposes after filing jointly for the first time this year. I am uncertain whether to provide a W-9 or W-8 form when requested in the future. The instructions for form W-9 specify that... View More 
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answered on Apr 1, 2025
As an F-1 visa holder who has elected to be treated as a resident alien for tax purposes by filing jointly with your U.S. citizen spouse, your tax filing requirements have changed. The IRS indicates that "a dual status J-1 alien married on the last day of the taxable year to a U.S. citizen or... View More
I was arrested in 2012 and received a civil ordinance ticket for drug paraphernalia as a green card holder in Illinois. I want to apply for naturalization but am concerned about whether this civil ordinance violation will affect my application. I never faced a court date, jail time, or entered a... View More
answered on Mar 27, 2025
A 2012 civil ordinance violation for drug paraphernalia, while seemingly minor, could potentially impact your naturalization process. USCIS considers your moral character over the statutory period, typically the five years preceding your application. While a single, isolated incident without a... View More
I'm a dual Dutch and Canadian citizen. Both citizenships are important to me, and I do not want to lose them. I'm considering acquiring US citizenship through my spouse, which, according to Dutch policy, should not jeopardize my Dutch citizenship as acquiring citizenship through marriage... View More
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answered on Mar 23, 2025
Your Dutch and Canadian citizenships should remain secure when acquiring US citizenship through your spouse. The key factors supporting this are:
The Dutch government specifically allows dual citizenship when you acquire a foreign nationality through marriage. This is one of three... View More
I am an international student on an F-1 visa, married to a U.S. citizen since May of last year, and currently residing in Illinois. I haven't applied for an adjustment of status yet due to the two-year home residency requirement from my previous J-1 visa. I need guidance on tax filing for the... View More
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answered on Mar 22, 2025
Filing jointly with your U.S. citizen spouse often offers tax advantages, though your specific visa situation adds complexity. As an F-1 visa holder married to a U.S. citizen, you can choose to file jointly by making an election under IRC Section 6013(g) to be treated as a resident for tax... View More
I am an international student on an F-1 visa and married a U.S. citizen in May of last year. I haven't applied for an adjustment of status yet because I am subject to the two-year home residency requirement from my previous J-1 visa, though I plan to apply for a waiver. For taxes, my spouse... View More
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answered on Mar 21, 2025
When you are married to a U.S. citizen, filing jointly often brings more tax benefits such as a higher standard deduction and potential credits, but you must elect to be treated as a resident alien for tax purposes. If you choose to file jointly, you need to include a statement with your tax return... View More
On August 12, 2024, I submitted Form I-539 to extend my legal status, based on my husband's H1B visa, which was also in process at that time. My I-94 expired on September 30, 2024. Since the submission, until February 26, 2025, I've been waiting for the response. My husband received H1B... View More
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answered on Mar 21, 2025
Your situation is challenging given the timeline and changes in your husband’s status. The denial of your H4 extension has likely created a gap in lawful status, which means you could be considered out of status until a new petition is approved.
Filing Form I-290B within the 33-day period... View More
I am currently applying for an adjustment of status as the spouse of an American citizen. I previously received cash assistance through refugee resettlement cash assistance and have a status of paroled under Ukrainian humanitarian parole. My husband is my current source of financial support, and I... View More
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answered on Mar 20, 2025
Based on current immigration policies, refugee cash assistance does not count against you in the public charge determination for your green card application. Refugee resettlement programs, including cash assistance provided to those with humanitarian parole status like yours, are specifically... View More
I have a work permit and an I-512L with a one-year stamp that expires in 2026. I've traveled outside the US before with no issues. Are there any limitations on how many times I can leave and re-enter the US with my I-512L, as I plan to go on vacation multiple times?
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answered on Mar 20, 2025
Yes, you can leave and re-enter the U.S. multiple times with an I-512L, as long as it remains valid. This document serves as an advance parole travel authorization, allowing you to return without jeopardizing your immigration status. Since yours is valid until 2026, you should be fine for multiple... View More
I am seeking advice on whether I qualify for the EB2 NIW visa. I hold two master's degrees in communication and project management. For the past three years, I have worked as a Program Coordinator at a university, executing an average of 18 workforce skill development projects for students per... View More
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answered on Mar 15, 2025
Based on your impressive academic credentials and practical experience, you have a strong foundation to pursue the EB2 National Interest Waiver (NIW) visa. Holding two master's degrees and having extensive experience coordinating workforce development programs positions you effectively to... View More
I am currently charged with a domestic violence misdemeanor, and the district attorney has offered me a deferred prosecution program, which I am still considering. I have no prior charges or convictions, and the deadline to decide on this program is March 15. Will participating in this program be... View More
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answered on Feb 25, 2025
Deferred prosecution agreements for domestic violence can indeed affect your green card application, as immigration authorities may still consider it an admission of guilt even if not technically a conviction under state law. Immigration law often interprets "convictions" more broadly... View More
I am currently holding a green card and have a domestic violence misdemeanor charge, for which I am undergoing a deferred prosecution program. I have no prior convictions. Will this deferred prosecution program be considered a conviction for immigration purposes?
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answered on Feb 25, 2025
Under U.S. immigration law, deferred prosecution programs may still be considered "convictions" even when they aren't treated as such in criminal court. This is because immigration law defines conviction more broadly - it includes situations where you've admitted to facts... View More
I am currently on OPT and looking to do unpaid work from home in the actuarial science field with an independent consultant who owns an LLC. We have a mutual agreement to collaborate temporarily while I pursue a full-time actuarial analyst position. I will be working on a list of tasks, such as... View More
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answered on Feb 24, 2025
For OPT compliance, structuring your arrangement as an unpaid internship is typically more appropriate than volunteering, as OPT requires positions to be directly related to your field of study. The LLC should provide you with a formal offer letter detailing your role, responsibilities, hours,... View More
I sent a motion to reopen a case that was closed in absentia to the Immigration Court two weeks ago. However, the status has not yet been updated in the Automated Case Information system. How long does it usually take to update?
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answered on Feb 10, 2025
The Immigration Court's processing times for updating case information can vary significantly based on their current workload and the specific court location. While two weeks might feel like a long wait, it's quite normal for status updates to take 3-4 weeks or even longer in some... View More
I've been living in the U.S. for more than 23 years. I came here legally on a visitor visa, but I ended up overstaying it. I have five children who are U.S. citizens. Originally from the Gaza Strip, In 2020 when my girlfriend reported me to ICE. I was arrested, Judge released me on bond.... View More
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answered on Jan 30, 2025
Waiting for a court hearing for over four years can be frustrating, especially when you have lived in the U.S. for more than two decades and have U.S. citizen children. Since you were released on bond, your case is still active, and the delay might be due to the backlog in immigration courts.... View More
I'm an international student on an F1 visa, and I married a US citizen last year. I only have a graduate fellowship that covers tuition and provides a monthly stipend. My husband is employed. I have not applied for a green card yet. Should we file taxes jointly or separately?
answered on Jan 16, 2025
There are some circumstances that allow a married person to file taxes as Head of Household (HOH) but from an immigration perspective it is best to file taxes as "married". Similarly, filing taxes as Married Filing Separately (MFS) can sometimes be beneficial or necessary for tax... View More
Request for asylum was denied.
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answered on Jan 7, 2025
Your friend may have options to reopen his case through a "Motion to Reopen" based on lack of notice, which could potentially overcome the time limitations typically associated with in absentia removal orders.
The success of reopening would largely depend on proving he never... View More
During my first marriage, I lived with my wife and 2 children. I am a geologist so when I was out of town, which was frequently, my wife had affairs and at least one abortion that I know of as a result of those affairs. This happened in Mexico.
When we arrived in the US, she told me that... View More
answered on Jan 1, 2025
Thank you for your question. I’m not clear about the lie you told the Divorce Judge. That’s crucial to see if it would affect t your citizenship. The other is when the lie occurred. The lie must be somehow relevant to your immigrant status and it must be material. Also sometimes USCIS uses... View More
I was arrested when i was 18 (32 now) for a marijuana pipe in a car of 5 others who would not attest to it being one of theirs and i as the driver was held as the responsible party. However the case was nolle proseqi before i ever had to attend court. Will i have issues applying for naturalization.
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answered on Dec 29, 2024
Your past arrest for a marijuana-related incident where the case was nolle prosequi generally means that the charges were not pursued further. This outcome is often viewed more favorably during the naturalization process compared to a conviction. Since the case did not proceed to court, it may have... View More
I HAD PETTITION JUNE 2022
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answered on Dec 26, 2024
If you received your I-797C Notice of Action in June 2022 and haven't received any communication from the National Visa Center (NVC), you should take action to check your case status.
First, verify that USCIS has approved your petition by checking your case status online using the... View More
My F1 visa expired and I haven't had the chance to renew it yet, but my i-20 is valid for the duration of my study (which is 2 more years). I also have a US ID. I want to travel to PR for a conference in January, but I’m worried about possible complications.
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answered on Dec 23, 2024
Since Puerto Rico is a U.S. territory, you can travel there with your valid I-20 and U.S. ID without needing a valid F1 visa. The expired F1 visa only becomes relevant when entering the U.S. from abroad - Puerto Rico is considered domestic travel, similar to flying between states.
However,... View More
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