Get free answers to your Immigration Law legal questions from lawyers in your area.
I’m an f1 visa holder, currently attending college in the U.S. and I’m from Afghanistan.
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answered on Nov 15, 2024
Yes, you can apply for asylum while on F1 status, and given the current situation in Afghanistan, many students have taken this path. You must file Form I-589 (Application for Asylum) within one year of your last entry into the U.S., unless you can demonstrate changed or extraordinary... View More 
Medical, financial… would be set up in advance. She’s wanting to move as well. What steps do I need to take to make this happen?
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answered on Sep 29, 2024
Moving to Germany with your adult daughter under legal guardianship is possible, but there are several steps you need to follow. First, ensure that her legal guardianship documents are translated and recognized in Germany, as each country has different regulations regarding guardianship of adults.... View More
I'm a thesis-based MSc in Biology student. I will be graduating in May 2025. I'm thinking EB2 NIW will be best for me. If you could help me with it, I would be grateful.
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answered on Jul 28, 2024
Hi Charles, it's great that you're thinking ahead about your path to a green card. The EB-2 National Interest Waiver (NIW) can be a good option for you, especially if your research and expertise in Biology demonstrate significant benefit to the U.S.
To apply for the EB-2 NIW,... View More
I am living at Omaha, NE. I'm a college student. In February 2024, the County department ticketed me for 21 mph over the speed limit, passing in a no passing zone and careless driving.
In my case, the county attorney dismissed the Speeding and the Careless Driving on the face of the... View More
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answered on Jun 19, 2024
When filling out the N-400 form, it's important to disclose all information about any citations or offenses, even if they were dismissed or reduced. For questions 15a and 15b, you should answer "yes" since you were cited and charged initially. You should then provide an explanation... View More
I am currently filling out visa application for my parents , say it gets rejected are they able to deport my parents if rejected?
answered on May 17, 2024
A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US with permission. This is true even if they overstayed their visa. If the case is handled correctly, their cases won’t get rejected. Retain an immigration lawyer who will process the case so it goes smoothly... View More
Trying to bring a foreigner through a registered American business
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answered on Mar 11, 2024
If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:
1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent... View More
Hi. I came to the US on an ESTA visa to visit my boyfriend with the intent of staying for a month. I ended up rescheduling my flight ticket and staying longer. We are now only two weeks away from my 90-days being up and me having to leave to go back to Europe. We have decided to get married and I... View More
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answered on Sep 21, 2023
Entering the U.S. on an ESTA with the intent to marry and adjust status can be seen as visa fraud. It's crucial to follow the proper legal procedures and not overstay your ESTA. Consult with an immigration attorney to discuss your options and determine the best course of action, which may... View More
I am a born and raised citizen,she is from Mexico,with no D.a.c.a. ,how can we legally get married?
answered on May 24, 2023
As long as you meet the requirements to get a marriage license, you should be able to get married. Generally, it is not difficult to meet the marriage license requirements. They include things like minimum age requirements to marry. You can find the requirements for a marriage license on the... View More
answered on Jan 26, 2023
Yes. An immigrant who entered the US lawfully can adjust status to get a green card after marriage to a US Citizen.
with my wife?
answered on Nov 29, 2022
You did not specify if you are a U.S. citizen or a lawful permanent resident (LPR). If you are a LPR then your child can be a derivative on the I-130 and you can inform NVC about your daughter’s birth to add her to the case so that she can also be issued an immigrant visa with your wife.... View More
I go to the college in Nebraska as f-1 student. Although, I also live in Iowa where my family lives. I go there about twice a month and during the summer. I want to get license in Iowa but my SEVIS address is in Nebraska. I want to know does DMV allow me to apply for DL with the address that does... View More
I am a US citizen, my sister and her kids (18 and 14) just came in the US on b1/b2 visa, is it possible for me to file I-130 for them while they are still here?
answered on Sep 20, 2020
You can file the FORM I-130 on behalf of your sibling. However, keep in mind that a immigrant visa will not be available for a period of several years and your sibling can remain lawfully in the U.S. for 6 months with the B-1/B-2 non-immigrant status.
You should consult with an... View More
My husband is a US citizen and i'm a Canadian citizen. We both live in Canada and applied in Nov. 2019. Will this suspension affect the processing time and procedure on our application?
answered on Apr 30, 2020
Yes, due to COVID-19 there is a delay in the processing of most Immigration cases, with limited exceptions. If the referenced information does not suffice you can contact USCIS office. The general notice provided by USCIS is shown below.
"USCIS plans to begin reopening offices on or... View More
I havent got my 10 year green card yet, will I be deported, can I stay in the US if I want ?
Thank you
answered on Dec 23, 2018
If you married your husband based upon a K-1 visa, then you have proven that you entered the marriage in good faith. The only issue is whether the I-864 must be completed by your husband. There are significant legal arguments. I strongly recommend an appointment with a competent and experienced... View More
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answered on Nov 24, 2018
Recently it has been taking two to three months for a spousal visa if the spouse is in the USA otherwise it can take up to a year.
It also depends on whether waivers are needed
The cost depends on where your spouse is located and whether you need a cosponor or whether your spouse... View More
My uncle has been a permanent resident for 14 years. During the last 5 years, he has lived in US for more than 2.5 years to meet the citizenship requirement (he has been in US for about 7 months every year ). He has filed his taxes every year but he never had a job or house in US (he lives with his... View More
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answered on Oct 31, 2018
Unless you have additional documents to prove otherwise it does not make sense appealing. He needed to be present in the USA for 18 months before applying. Every time he stayed out more than 180 days before returning you had to start counting towards the five year presence
I am finding information that is not solid. I am finding information that for just two dependents (him and me) the HHS requires 125% of roughly $16,500 for annual income to sponsor. That seems VERY low. But other sites are saying that I would need to make at least $31,000 for a 4+ person household.... View More
answered on Sep 19, 2018
The $16,400 figure is for active military service members who are sponsoring a spouse or minor child. It is 100% of federal poverty for a household of 2. 125% of federal poverty for a household of two is $20,575. For a household of four it is $31,375. It doesn’t matter how many jobs you have, so... View More
He’s been in Mexico for 8 years we have son together that has medical issues going on
answered on Sep 17, 2018
Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS... View More
The health centre is 10% funded by state .
answered on Aug 20, 2018
Not necessarily; however, if the government implements the new public charge regulations, it could be one factor that is weight negatively against anyone who has applied for and received it.
Why so many years for reentering the US since 2000
answered on Jun 3, 2018
Was he convicted of a crime? If so, what was the crime?
See an immigration attorney before he gets deported. He is entitled to a hearing before an Immigration Judge.
Carl Shusterman
www.shusterman.com
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