answered on Mar 21, 2023
What you will be allowed to do varies based upon CBP discretion. Your advanced parole is no longer valid, since you were approved and are now a lawful permanent resident. If you were represented by an attorney, then seek that attorney's advice. If not, you ought to pay for an appointment... View More
Hello,
My marriage-based green card was set to expire in December 2022 so I submitted I-751 to remove conditions on residence in November 2022. I received a mail from USCIS which stated that my green card validity had been extended for 24 months, then received a second mail that it had been... View More
answered on Mar 29, 2023
According to USCIS, if you are married to a U.S. citizen, you may apply for naturalization after being a permanent resident for 3 years, as long as you meet all the eligibility requirements. However, the fact that your I-751 is pending may affect your ability to apply for naturalization.
If... View More
Second and third question is father and mother US citizen, they are citizen since 2010 while I was 35 years old. They are not citizen by birth nor before my 18th birthday.
If I answer yes to second and third question in form, it says you must be a us citizen as your parents are us citizen.... View More
answered on Mar 21, 2023
If you must answer the questions without an attorney, then carefully read and re-read all of the questions. Some questions are meant to be skipped. If you make a mistake, then you can complicate processing and cause a wrongful denial of the application.
Some believe that it is too... View More
answered on Mar 29, 2023
If you are unsure about your state residency status because you split time between two locations, you may want to consult with an experienced tax professional or attorney who can help you determine your residency status.
Factors that may be considered when determining residency status... View More
I received a noise violation citation for playing loud music at my BD party. I pled guilty and paid the fine of $250. How should I answer the following "yes/no" questions in the US naturalization N400 form:
1- Have you EVER committed, assisted in committing, or attempted to... View More
answered on Mar 2, 2023
If you were not arrested, you can answer "No" to the first question.
Since you were issued a citation for the noise violation, you should answer "Yes" to the second question.
Since you pled guilty and paid the fine for the noise violation, you should answer... View More
I am writing to inquire about the impact of switching from an H1B visa to an Employment Authorization Document (EAD) on my green card process. My green card process is currently at the Prevailing Wage Determination stage and is being sponsored by my employer. However, I also have a pending asylum... View More
answered on Feb 25, 2023
Generally, switching from an H1B visa to an EAD while your green card process is underway should not have a negative impact on your green card application. However, it is always advisable to consult with an experienced immigration attorney who can evaluate your specific situation and provide... View More
I just became a US citizen. I am currently not working. Can my wife sponsor them? Also how much income does she need in order to sponsor all 3 of them? My wife and I do not have any children.
answered on Feb 6, 2023
A US citizen can sponsor their foreign national parents for green cards. A US citizen can also sponsor his or her brother, but that would not be considered an immediate relative petition. A brother sponsoring a brother would take roughly a dozen years before his visa became available. Your wife can... View More
answered on Jan 25, 2023
A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.
Hi
‘Copies of documents’ are required by USCIS for various immigration applications and petitions. Especially for marriage based petitions such as I-751 it’s required to provide evidence in the form of utility bills, joint savings and checking accounts with transaction history etc.... View More
answered on Jan 6, 2023
You may submit utility bills, bank statements, and other documents printed in PDF format or screenshots. USCIS will accept these documents as copies.
I recommend that you carefully read the instructions provided for form I-751 and if you have additional questions, consider retaining an... View More
I submitted my daughter's I485 & I765 document with a copy of my I360 receipt notice(application still pending) & prima facie notice. It was returned asking that I provide
"A copy of I797 approval notice establishing that you are the beneficiary of a pending or approved... View More
answered on Dec 30, 2022
More information is needed. It is possible that your daughter's form may have not been properly completed. It is equally possible that that the USCIS needed proof that you previously filed the form I-485 application. Review the material. If you are still confused, you ought to seek an... View More
I want to work to cover the expenses since my son is a citizen and is studying in the USA, I looked for a way to get a work visa but I couldn't.
answered on Nov 20, 2022
What you are planning is called visa fraud. I will explain:
1. When you applied for a visitor's B-2 visa its content specifically mentioned to state purposes of the trip truthfully. When you submitted the information at the end of that federal visa application there was a proviso for... View More
· Is it legal for me to work with a B1/B2 visa?
· I hold a Jordanian passport with B1/B2 visa; am I eligible to file Adjustment of Status?
· If yes, how much will it cost me to craft and structure the file for the legal status change formalities from B1/B2 visa... View More
answered on Nov 10, 2022
In general, no. You can only temporarily solicit orders for a foreign company at trade shows, among other actions that do not result in remuneration in the U.S. for work done after entry.
I strongly recommend an appointment with a competent and experienced immigration attorney before there... View More
answered on Oct 25, 2022
The contract validity is not at issue, even if that contract is valid, the contract party is not within the legal jurisdiction and that the contract’s performance could not be enforced, unless the party has its agent, assets or property for a judgment.
answered on Oct 16, 2022
An alien must have a work authorization card or an employment visa for a stated employer-petitioner. Any alien who lives and works without authorization falls out of status and is subject to possible deportation.
This doesn’t appear to be allowed, because you will likely receive payment,... View More
Hello my brother cam eon H!B and he became undocumented. He had Illinois Physical Therapy assistant license which he had to put on hold as he could not renew in 2018 before the SB3109 which states that no applicant shall be denied a license solely based on his or her immigration status or... View More
answered on Oct 14, 2022
Your brother was admitted and inspected in H1b visa status, so he is documented. However, he has fallen out of status by overstaying his visa. This means that he has accrued unlawful presence. Likely enough for a ten year bar from lawful admission should he depart the U.S.
He was never a... View More
Q4 on form N445 says:
"Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?"
Facts:
- I got a $164 traffic ticket three weeks before the... View More
answered on Sep 30, 2022
I recommend doing the following:
Obtain a court certified traffic citation disposition from the clerk of the county court where the matter was adjudicated (completed). Disclose that traffic citation and attach a copy of the certified court disposition with all conditions met (fine paid) on... View More
he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back
answered on Sep 21, 2022
If he was previously deported and returned illegally then most likely ICE is reinstating the prior removal order and your father would not have the right to see an immigration judge. He would also be subject to what is termed the permanent bar. This bar states that anyone who has been deported... View More
I recently submitted a i-912 with my i-90 but it got rejected. My reason is that my card got lost or stolen ( they sent it to my old address). My criteria is that I am below poverty.
USCIS is asking for evidence such as Tax returns and pay stubs. But I just moved to the US and I am cant... View More
answered on Aug 9, 2022
1. You have to update the address within ten days of moving by way of submitting AR-11 online and by mail to each respective USCIS facility as directed. That way the card would be delivered properly.
2. The USCIS may, at its discretion, reject granting a fee waiver for certain reasons... View More
Backstory. We filed the form I-130 back in April '19. I was a green holder at that time, my husband is in process of political asylum, waiting for the court date, which is not set yet, so he is in process of removal. So it's almost 3.5 years since we filed i-130 and it's still... View More
answered on Aug 8, 2022
1. You have to contact the USCIS in writing to UPDATE the pending I-130 requisites that WILL place its consideration into a different category (sponsored by a USC) to expedite its completion.
2. Also, it makes sense to reach out to tier II live manager at the USCIS toll free number (prepare... View More
I’m applying for the N400 form after marrying a US citizen (and obtaining green card through marriage). My husband was born in China but was adopted by US citizen parents. He has a US passport but no naturalization documents. Can he use his adoption papers or US passport to show proof that he is... View More
answered on Aug 6, 2022
Passport AND adoption documents may be enough to prove citizenship. If it is not, USCIS will send a Request for Evidence and you can do a Freedom of information act (FOIA) request to USCIS for a copy of his naturalization certificate. Best wishes!
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.