Husband is on J1 visa, I am on J2. Husband got a new job offer that sponsors O1 visa. We are applying for O1/O3 visas. At the same time TPS has been extended for my country. I want to apply for TPS so I can have EAD. I understand if I work with EAD From TPS While on O3, I will be forgoing the O3. I... View More 
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answered on Nov 20, 2023
In your situation, where you're considering switching from an O-3 visa to Temporary Protected Status (TPS) to obtain an Employment Authorization Document (EAD), it's important to understand the implications of this change on your immigration status. If you opt for TPS and use the EAD to... View More
Hi, I am currently in the US on a J2 visa (my husband is J1). We are in the process of switching to O1 (husband) and O3 for myself. In addition TPS has been extended for my country till June 2025. O3 does not offer any possibility of employment. I will like to apply for TPS so that I can be... View More
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answered on Nov 19, 2023
In your situation, it's important to understand that holding O3 status and applying for Temporary Protected Status (TPS) are independent processes. If you are granted TPS while on an O3 visa, you have the flexibility to choose which status to maintain. TPS comes with employment authorization,... View More
Some of my family members are going through the process of becoming dual citizens of Cuba and Spain under the Spanish Law of Democratic Memory. For those of us that are naturalized US citizens, do we lose our US citizenship if we accept the Spanish?
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answered on Nov 19, 2023
As a naturalized U.S. citizen, you can apply for Spanish citizenship under the Law of Democratic Memory (Nietos Law) without automatically losing your U.S. citizenship. The U.S. allows dual citizenship, which means you can be a citizen of both the U.S. and another country, like Spain, without... View More
answered on Nov 17, 2023
Children under the age of 18 automatically gain U.S. citizenship by law (derivative US citizenship)when the following 3 conditions are met:
* The child holds U.S. lawful permanent resident status, commonly referred to as being a “green card” holder.
* At least one of the... View More
I was in court proceedings in Boston and court was closed. I was waved in into the US back in 2006 but didn't get a passport stamp. Suddenly, i was in court! They said that i said I entered illegally but is not true.
My son petitioned me in 2018. I submitted my AOS then. After court... View More
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answered on Nov 18, 2023
Being paroled into the U.S. after traveling with advanced parole generally means you are in a period of authorized stay, but it does not in itself confer legal status. Your status is dependent on the progress and outcomes of your immigration applications and petitions.
If your Adjustment of... View More
Husband and I are from Cameroon. We are currently on J1 (him) and J2 (myself) visas. He got an offer for a new job that is sponsoring his O1 visa. I would be getting an O3. We will be filing the O1/O3 visa applications by end of November 2023. Meanwhile TPS has been extended till June 2025 for our... View More
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answered on Nov 18, 2023
Deciding between TPS (Temporary Protected Status) and an O-3 visa depends on your immediate needs and long-term plans. TPS allows you to work in the U.S. with an Employment Authorization Document (EAD), but it is temporary and dependent on the continued designation of Cameroon for TPS.
If... View More
I can get my mom to co sponsor or her aunt who lives in America as far finances go I only get ssi. But for my criminal record I was charged with sexual assault and domestic. My ex told the police I slapped her and pressured her into sex when she didn’t want. This was 10 years ago. I pleaded... View More
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answered on Oct 22, 2023
Under U.S. immigration law, there are various factors that can impact your ability to petition for a fiancé visa. Regarding the income requirement, if you do not meet the financial criteria, a joint sponsor, like your mother or the fiancé's aunt, can help meet the Affidavit of Support... View More
Hi,
I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end... View More
answered on Sep 19, 2023
1. Wife needs to get approved for a J1 waiver before she will be approved for I-485
2. Even if she switches to H4, she still needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be granted LPR status
3. You can sponsor your wife for a... View More
I was adopted at 6 months by my parents i have two biological sisters( same biological mother and father) and a half sister (same biological father). I want to start the process to bring them here . What is the process? Do i file a relative sponsorship or do i need additional forms ?
answered on Aug 31, 2023
Relative sponsorship is no longer possible for your biological relatives if you have been legally adopted. Work with an immigration attorney to explore alternatives
My husband had his visa interview already, but they need my w2. I don’t pay taxes but the first sponsor does. I send 1099 for both of us, and uploaded another sponsor affidavit without getting the okay. Do you think they will accept it?.
answered on Aug 24, 2023
Include an explanation as to why you are submitting documents from a 2nd joint sponsor
answered on Aug 23, 2023
Overstaying for more than 180 days but less than one year would subject one to a 3 year bar from returning to the US. Overstaying for 1 year or more would subject one to a 10 year bar from returning to the US.
Sponsor for, green card, citizenship, work permit, does the 3 years of marriage have to pass before applying?
answered on Jun 5, 2023
A United States citizen can sponsor a foreign national who entered the country with a visa. This is so even though your spouse may be out of status. However, if she entered with a J visa, she may be subject to the 2 year home residence requirement. You should work with an attorney.
Is the 1st requirement, that prior to any application you be married for 3 years?
answered on Jun 5, 2023
It depends on where she is and how she came
To the US if she’s here. Please hire an immigration lawyer.
what are the sponsors financial requirements, is there another option besides tax returns to provide income documentation?
answered on May 23, 2023
Thanks for your question!
The requirements to sponsor your wife vary depending on whether you are looking at completing the adjustment of status process or the consular processing routes.
Other financial documentation includes paystubs, W-2’s or 1099’s (If applicable); Employer... View More
my sister is dependant on my mother ,mom can't take care of her because of mom medical situation
answered on May 9, 2023
While you can sponsor your mother for a green card if you are a US citizen, if you sponsor your sister, the waiting time for a green card is over 10 years. Please see
https://www.shusterman.com/green-cards-for-parents/
and
https://www.shusterman.com/green-cards-for-brothers-and-sisters/
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answered on Mar 2, 2023
As an O-3 visa holder, you may be eligible to apply for an O-1 visa if you meet the eligibility criteria for the O-1 category. The O-1 visa is a nonimmigrant visa category for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a... View More
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answered on Feb 23, 2023
If you arrived in the US on a B2 visa and wish to obtain a green card, you may be eligible to do so through a family-based immigration process if you have a qualifying family member who is a US citizen or lawful permanent resident.
If your sister is a US citizen and at least 21 years old,... View More
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answered on Feb 25, 2023
The five-year period for eligibility to apply for U.S. citizenship starts from the date that you became a lawful permanent resident (LPR) and received your green card. This is typically the date on which the green card was issued, which can be found on the front of the card.
If you received... View More
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answered on Mar 2, 2023
It is possible for an adult to be adopted in order to obtain citizenship, but the process can be complicated and there are specific requirements that must be met.
In general, an adoption for immigration purposes must be a full and final adoption, meaning that it terminates the legal... View More
We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.
answered on Jan 30, 2023
Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.
If you are a U.S. citizen, filing the I-485 application for... View More
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