Get free answers to your Immigration Law legal questions from lawyers in your area.
My mom is separated from my stepdad but they are still legally married. She has been a permanent resident (Green Card holder) in the United States, meeting all the requirements for naturalization, including continuous residence and physical presence. She lived with her spouse in the US for 3 years... View More 
answered on Apr 19, 2025
For naturalization purposes, through the 3-years rule, applicants are required to live marital union with the U.S. citizen spouse. If your mother does not reside with your stepfather at the time of filing, USCIS would determine that she did not meet that requirement.
I am a U.S. citizen living in Michigan and recently married a Canadian man in February 2025 in Manitoba, Canada. I never lived in Canada, and the relationship was never consummated. After learning about his background, including issues with fraud and being banned from entering the U.S., I returned... View More
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answered on Apr 19, 2025
You appear to have grounds for annulment in Michigan based on fraud, as your Canadian husband concealed significant information about his background that would have affected your consent to marry. When consent of one spouse was obtained by fraud, and the couple did not live together voluntarily... View More
I am 17 years old and was abandoned by my parents in my home country before being kidnapped by criminals who forced me into a marriage without my consent. There is no legal record or marriage certificate for this marriage, and my country's constitution states that a marriage without consent is... View More
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answered on Apr 17, 2025
For SIJS, you must be unmarried both when you file Form I‑360 and when USCIS issues its decision. “Unmarried” means you have never entered a legally valid marriage, or any prior marriage has already ended through annulment, divorce, or death.
Because criminals forced you into 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
As a green card holder who has maintained permanent resident status in the USA for over 15 years, and with no pending legal issues or immigration concerns, am I at risk of being detained or not allowed reentry into the USA after traveling to my home country of Peru for a week or two?
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answered on Mar 31, 2025
As a green card holder who has maintained your permanent resident status for over 15 years with no pending legal issues, your risk of detention or reentry denial after a short trip to Peru is minimal. The law generally protects lawful permanent residents who make brief trips abroad and maintain... View More
I was incarcerated for over 12 months in a penitentiary for an offense considered an aggravated felony for immigration purposes. The last offense occurred in 1997, and I served the minimum time with parole guidelines maintained. I was adopted as an adult and had temporary residence as a derivative... View More
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answered on Mar 28, 2025
I understand you're facing a challenging immigration situation with your aggravated felony conviction from 1997. Immigration consequences for aggravated felonies are unfortunately among the most severe in U.S. immigration law, and typically result in permanent inadmissibility rather than... View More
I am currently on F-1 OPT following my Master’s in Business Data Science & Analytics and plan to stay in the U.S. for the duration of my OPT, with the possibility of applying for a STEM OPT extension. The work I intend to perform for the manufacturing company involves business intelligence,... View More
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answered on Mar 10, 2025
It is fine to be self employed for regular OPT as long as your degree is related to what the business does. It is always a good idea to set up a company and take any other steps to show that your business is legitimate. (eg. set up a website, operating agreement, EIN, etc.). Stem OPT is much more... View More
I have a friend, 'A,' who is a foreigner in the USA on a student visa and is currently in Livingston County Jail, facing charges of false pretenses, conspiracy, and using a computer in a criminal act. She is preparing for trial with a court-appointed lawyer but has no money for bail and... View More
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answered on Feb 22, 2025
I understand you're worried about your friend's situation - it's a complex and stressful time for everyone involved. Let me help explain the potential outcomes.
If your friend is found not guilty, she can likely continue her studies under her existing student visa, though she... View More
I'm seeking information about the timeline for sentencing after a plea bargain agreement for a class E felony. The defendant faces 7 felonies related to the violation of an unclothed minor, with a final hearing before sentencing scheduled in 2 weeks. The plea bargain has not yet been accepted... View More
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answered on Feb 19, 2025
The timeline for sentencing after a plea bargain varies by jurisdiction and specific case circumstances, but I'll help you understand what typically happens.
Once the judge accepts the plea agreement at the final hearing, they usually schedule the sentencing hearing within 30-90 days.... View More
I am a naturalized American citizen. I married a foreign lady in December 2021 and applied for a spousal visa. We had our wedding in February 2024, and she moved to the USA with me. Shortly after, she changed completely and we went back to our original home country to get a divorce. She first... View More
answered on Feb 18, 2025
OK, so if your wife received the permanent 10 year card, as opposed to the conditional two year card, then it will be difficult for her to lose it. So if three years went by after you got married until she received her green card , it’s most likely that she has received the permanent card. If... View More
If my spouse (who is Japanese) and I, a US citizen, apply for the CR-1 visa but end up canceling our application during the process, will it affect our chances of obtaining a spouse visa in the future? We are considering a potential move to Japan by the end of 2025 due to my mother-in-law's... View More
answered on Feb 14, 2025
If you withdraw your application, you can always re-file. People that do this have stricter scrutiny applied to their second application only because the assumption is that the couple broke up. However, if you have a good explanation and can support that with documentation that proves why you... View More
I would like to know if I can be deported if I’m in the middle of a green card process and have the application receipt
answered on Feb 5, 2025
If married to a US Citizen, you may apply for I-485 (not C-485!) if you have entered the US with a visa other than C1/D (crewman visa). If you've entered without inspection, I-485 Adjustment of Status is not an option.
If you can file an I-485 Adjustment of Status Application as the... View More
I am working on H1B visa. In the year 2023, my employer was facing a financial crunch, I was afraid of getting laid off. Hence, I decided to do part-time voluntarily for a few months thinking this way company could retain my position. I didn't want to be a financial burden on my company.... View More
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answered on Jan 7, 2025
Working less hours than specified in your H1B petition could potentially be considered a status violation, since the visa terms require maintaining the employment conditions outlined in your I-129. While your intentions were admirable in trying to help your employer, reducing hours without filing... View More
I hired an immigration attorney this year to handle my green card application through marriage. However, when my attorney submitted my green card application, the first time he used outdated forms, the second time he did not submit the correct amount of payment, resulting in two rejections. Now I... View More
answered on Sep 17, 2024
No. But consider working with a competent immigration lawyer. Some of us charge a very affordable flat fee and do a great job! Immigration lawyers can represent clients anywhere in the US.
I have had three DUIs, the last DUI was 7 years ago and have completed probation. I was told that it would take 10 months and I would like to do this myself. Thank you
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answered on Aug 22, 2024
If you have three DUIs and want to enter Canada, you will likely need to go through the process of Criminal Rehabilitation. Since your last DUI was seven years ago and you've completed probation, you're eligible to apply. It's important to gather all relevant documents, including... View More
Can we start school while the change of status (H4 to F1) decision is pending?
After the change of status (H4 to F1) is approved, can we stay in the US until the school starts? Let's say It is approved 2 months before the school's start date.
Can the changes of status (H4... View More
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answered on Aug 20, 2024
Yes, you can begin your studies while your change of status from H4 to F1 is pending. However, you will not be eligible for F1-specific benefits, such as working on campus or applying for CPT/OPT, until your F1 status is approved.
Once your F1 status is approved, you can remain in the U.S.... View More
I graduated in May from a University in Texas and now I am on OPT period. I now live in Michigan state. I know a professor from Minnesota University who is willing to offer unpaid internship or volunteer letter to work on a project for 20+ hours a week that is related to my degree. The work will be... View More
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answered on Aug 20, 2024
Yes, you can work remotely for a professor on OPT, but there are a few key points to consider. The work must be directly related to your degree, which you've indicated it is, and you must report this employment to your designated school official (DSO) to maintain your OPT status. The position... View More
I am a H4 visa holder which depends on my dad's H1B visa. I am 14 years old, go to a public school in the U.S., and want to eventually get a job in the U.S. as a physicist. I want to do so by first completing my highschool studies, getting into a university, get a bachelor's degree, a... View More
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answered on Jul 30, 2024
To achieve your goal of becoming a physicist in the U.S., you’ll need to transition from your H4 visa to a student visa. After high school, you can apply for an F-1 student visa to attend a university. This visa will allow you to stay in the U.S. for the duration of your studies, including your... View More
A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my... View More
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answered on Jul 20, 2024
If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.
When traveling to the US, bring all... View More
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answered on Jul 18, 2024
No, the U.S. petitioner's background check does not have to be completed and cleared before the I-129F petition is sent to the National Visa Center (NVC). The background check is part of the process but isn't required to be fully completed before the petition moves forward to the NVC.... View More
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