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I am seeking clarification regarding the country of chargeability for my upcoming employment-based green card application under the EB2 category. I was born in Hong Kong, with both my birth certificate and passport listing Hong Kong as my birthplace, and my birth certificate is stamped by the... View More 
I am a male U.S. citizen in Florida, and I want to marry my Ecuadorian fiancé, who is here on a tourist visa, within the next year. We plan to marry directly in the U.S. and then adjust her status. She has no prior immigration issues or unfinalized marriages. What steps should we take to proceed... View More
answered on Apr 9, 2025
Consider scheduling a consultation with a competent and experienced immigration attorney. Typically, one who has entered using a visitor visa is admitted for 6 months. If you were hoping to marry on a date that is more than 6 months from her entry date, she would necessarily enter a period of... View More
As an IT expert specializing in AI with notable projects, currently residing outside the U.S. and looking to find a sponsor, I am considering applying for either an L1 or O1 visa. My goal is to eventually apply for an EB2 visa to obtain a green card and pursue citizenship in the future. Given my... View More
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answered on Apr 9, 2025
If you're aiming for a green card and eventual citizenship, the O-1 visa might be the stronger starting point, especially if you have a strong portfolio with notable achievements, publications, or awards. The O-1 is merit-based, and it highlights your individual accomplishments, making it a... View More
I am currently on an H1B visa which is valid until September 30, 2025. I am planning a 52-day vacation outside the USA, with plans to return on April 29, 2025. This is my first travel outside the USA since obtaining my H1B, and my employer has no objections to this vacation. Will this extended stay... View More
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answered on Apr 9, 2025
Taking a 52-day vacation outside the U.S. while on an H1B visa usually doesn’t cause issues at the Port of Entry, as long as your visa is valid and you continue to work for the same employer. Since your visa is valid until September 30, 2025, and your employer is aware and supportive of your... View More
I am an international student currently studying Digital Forensics and Cybersecurity, and I expect to graduate in December 2026. I recently read an article on the Congress website about a bill that aims to abolish the Optional Practical Training (OPT) program. How might this potential legislative... View More
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answered on Apr 8, 2025
I understand your concern regarding the recently introduced bill in Congress aiming to eliminate the Optional Practical Training (OPT) program. This program currently allows international students like you to gain practical work experience in the U.S. after graduation. The proposed legislation,... View More
Last year in June, I mistakenly filed Form I-90 for green card renewal, not realizing I had conditions to remove with Form I-751. Upon realizing the mistake, I consulted with a lawyer and promptly filed Form I-751 before my green card expired in December. I received a notice of a 48-month... View More
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answered on Apr 8, 2025
No, the denial of your Form I-90 does not affect your ongoing I-751 case or the validity of your 48-month extension notice. Since you filed Form I-751 before your conditional green card expired, and you received the proper receipt notice, your status is preserved while the petition is pending.... View More
I am seeking to join my family in the US as soon as possible, as it has been over a year since I've seen them. My young daughter is in dire need of my presence and support, as she is starting school in a few months. My wife is currently in the US on an F1 visa and has completed only 7 months... View More
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answered on Apr 8, 2025
To apply for an F2 visa, you will need to first gather the necessary documents, which include proof of your relationship with your wife (such as a marriage certificate), her valid F1 visa details, and evidence of your financial stability to show you can support yourself during your stay. Your... View More
I recently realized I made a mistake on my I-485 application after submitting it on 12/16/2024. I incorrectly answered 'Yes' to the question, 'Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?' It should have been 'No.'... View More
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answered on Apr 8, 2025
To correct the mistake on your I-485 application, the first step is to file a request to amend your application with USCIS. Since you’ve already completed your biometrics and received the receipt notice, you’re still within a good timeframe to address this issue without much delay. You should... View More
I am a Singaporean green card holder living in North Brunswick, New Jersey, for 18 years. I plan to drive to Montreal from April 11th to 14th. With recent actions by President Trump's administration regarding green card holders, I'm concerned about whether it will be safe for me to go and... View More
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answered on Apr 8, 2025
Traveling to Montreal as a U.S. green card holder is generally straightforward. To enter Canada, you'll need to present your valid Singaporean passport and your U.S. permanent resident card (green card). Since April 26, 2022, Canada requires lawful permanent residents of the U.S. to show these... View More
My wife and I were married in Iowa and lived there for 12 years. She is a German immigrant with a permanent resident card. She decided to leave me and has been living in Germany with her family for the past 7 months. We have no children, and there have been no formal agreements regarding divorce or... View More
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answered on Apr 7, 2025
Yes, your wife can file for divorce in Germany. Since she is living there and is a German citizen, German law allows her to initiate divorce proceedings even if the marriage took place in Iowa. Divorce jurisdiction is usually determined by the country where one of the spouses resides, which in this... View More
I've been denied citizenship, and I suspect it is due to drug charges from 2015 that I handled myself. I completed the PC 1000 program to resolve these charges. I haven't sought legal help before. What should I do now regarding my citizenship application?
answered on Apr 7, 2025
Your inquiry regarding the denial of your citizenship application, potentially linked to 2015 drug charges resolved through the PC 1000 program, involves a nuanced intersection of California criminal law and federal immigration law.
Under California Penal Code Section 1000, successful... View More
I am a lawful permanent resident (LPR) and have filed a petition for my son, which is currently pending. However, he will age out and fall into the F2B category, which will take many years for visa availability. He was previously rejected for a tourist visa with a 214(b) refusal when he attempted... View More
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answered on Apr 6, 2025
Your son still has a real chance of getting an F1 student visa, even with the previous tourist visa refusal and pending petition. The key will be showing strong ties to his home country and a clear, temporary intent to study in the U.S. The F1 visa is nonimmigrant, so the officer must be convinced... View More
I am a foreign passport holder with a valid visa, and I plan to travel domestically within the USA to Orlando, Florida. Can I use my foreign passport as identification for this domestic travel, and are there any specific TSA requirements I should be aware of?
answered on Apr 6, 2025
A valid foreign passport should suffice to board a domestic flight in the United States. This is not to say, however, particularly if you have no valid underlying immigration status or that status has expired, that immigration officials would not question you if called over by the TSA agent who is... View More
I am a U.S. citizen concerned about potential difficulties when re-entering the USA after traveling to Turkey due to a resolved misdemeanor conviction for the misuse of phone calls. My probation ends on the 24th of this month, and I have previously traveled internationally without issues or... View More
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answered on Apr 6, 2025
You should be able to re-enter the United States without major issues. As a U.S. citizen, you have the legal right to return to your home country, even with a misdemeanor on your record. Customs and Border Protection (CBP) may review your criminal history during re-entry, but a resolved... View More
I'm seeking guidance on how to file an EOIR FOIA request with the Department of Justice for my client. I have the EOIR-59 and EOIR-28 forms, and I need clarification on how to proceed with these forms to request all matters on the client's file.
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answered on Apr 5, 2025
To file a FOIA request with EOIR (Executive Office for Immigration Review), you’ll need to submit Form EOIR-59 along with a properly completed EOIR-28 if you're representing a client. The EOIR-59 is used to request records from EOIR, while the EOIR-28 officially notifies the court that... View More
I have been approved to participate in the Summer Work and Travel Program on a J-1 visa, with a confirmed job as a grocery clerk. I am considering doing additional door-to-door window cleaning work while in the U.S. Do I need special approval for this additional job to ensure compliance with my... View More
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answered on Apr 5, 2025
If you're in the U.S. on a J-1 visa through the Summer Work and Travel Program, your work options are limited to the job that was pre-approved and listed on your DS-2019 form. That means you're only authorized to work as a grocery clerk, as that's the position tied to your visa... View More
I am a U.S. citizen, recently naturalized through marriage, and seeking to petition my undocumented mother for legal status. She entered the U.S. in 1999, and my aunt had previously petitioned her on 10/31/2001. However, she was advised by a lawyer not to go to the Mexican border, as she... View More
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answered on Apr 5, 2025
Since you're a U.S. citizen and over 21, you can petition your mother, but her path depends on how she entered the U.S. If she entered without inspection, she normally can't adjust her status from within the country unless she qualifies for an exception. One potential option is through... View More
I am a U.S. citizen, recently naturalized through marriage, and I am trying to petition my undocumented mother for legal status. She entered the U.S. in 1999, and my aunt had previously petitioned her on 10/31/01, but nothing came of it because she was advised by a lawyer that she would not be... View More
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answered on Apr 5, 2025
You can petition for your mother as a U.S. citizen, but whether she can adjust status without leaving the U.S. depends on a few key factors. Since she entered the country without inspection, she normally wouldn't qualify for adjustment inside the U.S.—but there may be options due to her long... View More
I am 69, retired, and living with my daughter in Dallas. I am submitting my Adjustment of Status (AOS) application and claiming the 40 quarters exemption. In Boston, my court case was closed with no prejudice after I couldn't meet a request for evidence deadline. My daughter is financially... View More
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answered on Apr 5, 2025
If you're claiming the 40 quarters of work exemption, you generally do not need to submit Form I-864, Affidavit of Support, with your Adjustment of Status application. However, you must include clear evidence that you meet the full 40 quarters—such as your Social Security Earnings Statement.... View More
I am a U.S. citizen with a resolved misdemeanor charge involving my stepdaughter. Before this, I had no prior legal issues. I previously traveled to the UK in February without any problems. I am now planning to travel to Turkey and want to know if I might face any difficulties due to this charge.... View More
answered on Apr 5, 2025
If you are on supervised probation, you need permission from your probation officer or the judge to leave Maryland. This is a standard condition of supervised probation. You will also need to see if there any restrictions in being allowed into Turkey with a conviction which depends on the laws... View More
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