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I am currently in the US on an H1b visa. I will be marrying a US citizen in the US soon. Can I leave and return to the US after the marriage on my H1b visa without applying for a marriage-based green card? Do I need to inform USCIS of the marriage? My H1b visa stamp will be valid during this time.
answered on Aug 8, 2022
You need to be extremely careful.
You must notify the USCIS of your marital status change to a USC in writing.
Naturally, you may depart and be admitted to the United States during the duration of your H1B visa validity, however you must give honest answers regarding your marital... View More
The only problem is that I was laid off in January 2022. I’m still looking for a job. Can I still sponsor both my parents without earning an income right now or can any friend/family help sponsor them?
answered on Jun 4, 2022
As a U.S. citizen, you can file the FORM I-130 for each of your parents. If your parents lawfully entered the U.S. then the FORM I-485 can also be filed with USCIS. The U.S. citizen petitioner will have to also file the FORM I-864 with the adjustment of status process. If your income is... View More
answered on May 19, 2022
It depends. Often, not.
In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS... View More
I am in living in this country more than 7 years and my arresting date time is more than 3 years till now. Am i eligible for applying the us citizenship thanks
answered on May 19, 2022
If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.
Also, if you have not yet become a... View More
Good morning, pls I will like to ask a question
Does immigration reuse your biometric after four years?
My friend apply with her ex husband, and thier case was denied, she remarry and her husband filed for her and got an mail that state that, uscis with reuse her pass biometric,... View More
answered on May 14, 2022
If the first case was denied, the it is possible that the second USC husband is disqualified from filing a form I-130 petition as a matter of law. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the situation before there are any other... View More
and her husband filled for her, she received a notice that the USCIS want to reuse her past biometric
answered on May 19, 2022
Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first... View More
Have a source of income for my affidavit of support to show . Can i show my husbands salary in the affidavit of support?
answered on May 6, 2022
You need to complete the affidavit of support (I-864) and you can use your husband's income in your affidavit BUT he will also have to complete and sign the Household Member Contract (form I-864A). Best wishes!
Can i show my husbands salary as affidavit of support in application
answered on May 6, 2022
In order to use your husband's income he would have to complete and sign the household member's contract (form I-864A). https://www.uscis.gov/i-864a. Best wishes!
answered on May 9, 2022
The form I-140 is used for most forms of employment based immigration. That means that the documentation needed will depend upon the category, but more importantly whether you qualify. Too often, applicants are denied, who lack the qualifications, required certifications and/or verifiable... View More
I will be getting married October of 2022. I'm on section 8 but I also work. I understand there's a minimum level of eligibility of income to sponsor an immigrant spouse. I may be eligible. I understand I have to petition. Will I be able to sponsor my spouse without loosing my Section 8... View More
answered on Apr 5, 2022
Means tested benefits can disqualify applicants for immigration. Section 8 Vouchers are an issue. You must earn enough at 125% of the Health and Human Services poverty levels to petition your husband. If you, as the petitioner, accept vouchers, then this can be a challenge upon discovery.... View More
I filed for K1 visa august 2021 and since USCIS processing times keep increasing , my fiance is planning to go to Canada on a student visa so it will be easy for us to meet each other often. What happens to our i129f process when he move to Canada? He is originally from Sri Lanka.
answered on Apr 5, 2022
Your husband may want to return to Sri Lanka for consular processing. It is challenging to transfer consular processing to Canada once the I-129F petition is filed and approved. The time frame for such transfers can prove frustrating to applicants.
I'm originally from India. Have been in US for more than 9 years. I live in Illinois. I've been working working for a company in Illinois (say Company A) with an active H1B and an approved i140 (priority date May 2021). I got an offer from a company B in San Francisco. The job can be... View More
answered on Feb 18, 2022
First, you cannot work for a new employer unless the H1-b application is filed and you have a substantially similar position. That means that employer B seems to be violating the law by insisting that you work one month before it will consider filing what it is supposed to file before you begin... View More
I am an immigrant working on H1B work permit. I have recently been fined with Civil penalty (retail theft) and charged with misdemeanor.
Question:
1. Shall I make payment or wait for the judgement?
2. What is the consequence on immigration because of this?
answered on Jan 24, 2022
I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once... View More
Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?
answered on Jan 2, 2022
Yes.
If you are married to a USC and present in the U.S. you may initiate your adjustment of status at once.
answered on Dec 11, 2021
I would wait for getting an approval of lawful permanent residency status, then placing a stamp called I-551 in your foreign national valid passport, or applying for a reentry permit for lawful permanent resident form I-131 before your travel abroad.
I did not get my 10 year green card yet but they gave me a 24 month extension.
answered on Dec 11, 2021
It seems as if you filed a joint application for the removal of conditions. That means you and your spouse put the documents in and so now if you file for divorce other documents and information is needed. You should talk immediately with a lawyer to understand all that is needed.
I married my husband since a year and made for him I130 ( still under approval), and now I want to make for my son in-low another I130, his son already now exceeded 18 years old but when I married he was under 18 at this time.
answered on Dec 10, 2021
OK so I think you are confused by the terms son-in-law and stepson. If you married your stepson’s father prior to the stepson’s 18th birthday, then it is possible that you could Sponsor your stepson for his green card. More facts would be needed to know before a final determination is made.
He was born in 1935. The registration was in 1959 or 1960. The citizenship application asks for the date of draft registration. My father can't remember the date and we can't get the information from the selective service site because it is too long ago. Is there a way to get around... View More
answered on Nov 5, 2021
Draft registration was brought back by President Carter. Those born in 1959 did not have to register.
I applied OPT for Master degree in 2018, but then I decided to come home and didn't use any day in the OPT process. Now I came back to the States and getting my second Master degree. I decided to apply one more time for the OPT. However, school DSO said that I'm unable to do so since I... View More
answered on Oct 16, 2021
The USCIS places a 12 month limit per degree level on OPT, but there is no stipulation that the whole 12 months must be used at once. This means that if visa holders do not use their entire 12 month period during their first Master’s degree, however many months they have not used can be applied... View More
the individual lives in Japan and was visiting chicago. While in Chicago she took the moderna vaccine in february and the second vaccine in March. Unfortunately there were no flights leaving for Japan until two days after she had the second vaccine. It was important to take the vaccine here... View More
answered on Oct 11, 2021
More information is needed. Was she denied a B2 visa last June? Or simply told that she couldn’t apply?
ESTA is/was possible, but confusion may have created a record that may invalidate the privilege to use ESTA.
As a result, I strongly recommend a teleconference with a competent... View More
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