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answered on Nov 2, 2018
As a former Assistant District Attorney in Dorchester District Court,I am very familiar with the ins and outs of convictions. My criminal defense firm, Heard Law Office, is happy to advise you on sealing your conviction and assist with the immigration issues as well.
We are available 24/7... View More
My wife and I were in a serious relationship since 2010 and we got engaged in the summer of 2016. In October of 2016 she applied for a tourist visa in Morocco to come for a short trip to see her uncle who's a US citizen (he sent her an affidavit of support), and I planned to go see her for few... View More
answered on Oct 11, 2018
Fiancee is not an official status under the law so I do not see that as an issue. You may want to review the previous submissions to note any inaccuracies, then consult with a member of AILA who can tell you if any inaccuracies are a problem.
When I say inaccuracy I mean 1)inaccurate at... View More
answered on Oct 11, 2018
You can but you might pull the record, see what sections you were actually under, as that may not be an issue. More to the point depending on when it was you may be able to have it expunged. Finally, depending on what section you are applying for citizenship under may or may not matter.
I'm a music graduate from Berklee, and work at two music schools part-time. I did work for temp agency to supplement my income, but will that ruin my chances of getting the O1 visa?
answered on Oct 2, 2018
It depends what type of visa you have right now and what you are permitted to do in terms of work. If it’s under the OPT program, part time work at a temp agency shouldn’t impact your ability to get an O1 visa.
I applied for h4 to f1 in oct 2017. Its been nearly a year but still no response from USCIS. So, I can go stamping in the middle of semester with i20?
OR I need to apply with i20 before the semester begins?
answered on Sep 28, 2018
You must wait until the change is approved, and it can’t be approved more than 30 days before the program start date. If you are out of status now, that is if your H4 status is no longer valid, you may have to file for an extension of status to fill the gap so you are no longer out of status. You... View More
I have an approved O-1 visa petition and my status will adjust to O-1 on Oct 14. Currently I am in valid H-1b status but my current job ends on Sept 30 so I will be around 2 weeks with no status in between jobs.
I want to apply for the EB-1A green card but don't want to mess up my... View More
answered on Sep 19, 2018
The first step in getting the green card through an employment visa is to have your employer file the I-140, Petition for Alien Worker. That can take a while to adjudicate. You can stay in the country while that is being processed as long as you have valid nonimmigrant status; it doesn’t matter... View More
I am post-doc fellow working on J1 visa. I am already in the process to get J1 visa waiver. Now I am planning to get married in India and bring my wife to USA. Will she also need J1 waiver to go on H1B dependent status? If yes how should she apply for J1 waiver as I have already filed mine.... View More
answered on Sep 10, 2018
If your wife has never been to the US on a J visa, then she shouldn’t need a waiver.
renew or her green card. What forms do I need to complete and is it 3 or 6 months prior her green cards expiration date?
answered on Aug 23, 2018
Within 90 days of the expiration of her green card, you both must file form I-751, Petition to Remove Conditions on Permanent Residence.
I'm a LPR & have been since 1993. My mother became a naturalized citizen in 1997 when I was 14yrs old. My father died in 1999 in Jamaica when I was 16yrs old. They were married but he never came to the U.S. I would like to apply for N600 for my certificate of citizen but want to make sure... View More
answered on Aug 8, 2018
All of the documentation must be certified and proper. Otherwise, the USCIS can issue a request for additional evidence, perhaps, even deny the application, which may seem unlikely. This can delay matters. If you have concerns, then consider hiring a competent immigration attorney. Good luck.... View More
She was 16 I was 21. I was charged with sexual assault and domestic assault. The state dropped the sexual assault charge. I never registered on any list. Do I still need the waiver ?
answered on Aug 7, 2018
It is unlikely that you will need to even file this waiver; however, if it is requested, you need to show that you are not going to be a threat to the relative you wish to bring over. The fact that the case was dropped would work in your favor.
I am about to become U.S. citizen and I would like to file a relative petition for my father who entered legally with VISA in U.S in 1998 and stayed unlawfully present for 1 year until he went back to Brazil. But In 2000 at the airport he was DENIED ENTRY and turned back to Brazil. One year later... View More
answered on Jul 30, 2018
Yes, you can still file for him. As an "immediate relative," his past immigration violations are essentially forgiven under the law.
I have filed for I485, and EAD/AP card. I receive the I797 saying that my EAD/AP card are approved and will be sent to me. 2 months later, now, I realized I could check the status online and realized that EAD/AP is "delivered" to some unknown places. I think the possibility of letting... View More
answered on Jul 5, 2018
You can refile the two applications for no fee because they are based on a pending adjustment application. The basis is a lost/stolen card.
My partner is puerto rican and she was married to a man who did not have documents. She filed for residency and then years later she was divorced. Now we are together and my visa has expired. We have a child and plan to marry but I would like to know if her previous filing would affect me when she... View More
answered on Jun 28, 2018
Once you are married, your wife can sponsor you for a green card. Her previous application for her former husband should have no bearing on her ability to sponsor you.
answered on Jun 19, 2018
Generally, you need to return to your home country to apply for an F-1 student visa.
Children are being separated from their parents upon entry to this country for the purpose of pressuring some who seek amnesty at the border and or pressuring members of Congress to pay for a wall to deter immigration.
answered on Jun 18, 2018
This is up to the Federal Courts to determine. It certainly is a very cruel way of pressuring those seeking asylum in the US not to do so.
I was on OPT and I transferred to H1B status without leaving the US, my F1 visa has expired and I didn't get H1B visa stamp in my passport because I didn't leave the US. Can I apply for government photo ID?
answered on Jun 14, 2018
You are in lawful H-1B temporary working status. What type of government ID would you like to apply for?
I received a green card through marriage in April 2016. My temporary green card expired in April 2018. I sent my application in March 2018 for my permanent green card. i received the 797 notice and Biometrics are done. Do I have to wait until my permanent green card is approved to submit my... View More
answered on Jun 12, 2018
As long as you are still married and living together, you can apply for naturalization in January 2019.
answered on Jun 12, 2018
If you exit the US while your change of status application is pending, it will be considered abandoned.
He came as a child and had a temporary green card that was not renewed. How do we proceed?
answered on Jun 11, 2018
He can get a copy of his file by filing a FOIA request with the USCIS.
Thanks to a law called the Freedom of Information Act (FOIA, for short), persons wishing to see what information and documents U.S. immigration officials have collected on them—or on another person, with that... View More
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