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I am a naturalized US citizen and I want to help my mom get a green card. The problem is that she doesn't have her birth certificate, which I understand is one of the documents she must submit with her application. She was born in China and is an Australian citizen. She is currently in the US... View More 
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answered on Sep 7, 2024
Yes, your mom can create a power of attorney (POA) document while she is in the US. The process involves drafting a POA that authorizes her brother in China to act on her behalf to obtain her birth certificate. This document must be notarized in the US to verify her identity and signature.... View More
I am iraqi married to UAE husband , currently visitors in USA , he is mistreating me and i always thought to get a divorce , If we divorced here in US can I ask for asylum as I cant go back to UAE cause he wont sponcer me to stay there have no place to go including my original country iraq and... View More
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answered on Sep 7, 2024
You may be able to apply for asylum in the United States if you fear returning to your home country due to persecution or if you are unable to return to your country of residence because of personal safety concerns. Since you are facing mistreatment from your husband and cannot go back to Iraq or... View More
My friend stated that the explanation given for the term State being capitalized showing that in this context that more than just the 50 states are considered states in this code was not correct as he said that it goes against the ruling established in Meese V Keene "It is axiomatic that the... View More
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answered on Sep 5, 2024
When the term "State" is capitalized in 8 USC 1101(36), it does have a specific legal definition that goes beyond the 50 U.S. states. In this context, "State" can include territories, possessions, and other areas under U.S. jurisdiction, which is why it’s broader than the... View More
So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More
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answered on Sep 2, 2024
No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.
I was wondering why the term "State" capitalized in 8 USC 1101 (36) but in other places it is spelled with lowercase letters. Is this trying to say that when capitalized the word "State" only includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the... View More
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answered on Sep 2, 2024
The term "State" is capitalized in 8 USC 1101(36) to specify a specific legal definition within that section of the U.S. Code. In this context, "State" includes not only the 50 states but also the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United... View More
I looked online and found some information saying that the sibling must be at least 21 years old if the petitioner wants to bring them to the US. Is that true?
answered on Sep 1, 2024
A US citizen can petition for a sibling regardless of age
Do you think my asylum clock as stop
answered on Aug 27, 2024
I cannot determine if your asylum clock has stopped based solely on the information you've provided. The status of your asylum clock depends on various factors. Missing an interview or court hearing can cause the clock to stop. Contact your immigration attorney to review your case in detail... View More
I was removed from the United States from 2002 to 2023—a total of 21 years. I was paroled into the United States & My green card was reinstated when I applied for it and received it eight months later. From what I can gather, it appears that the government, possibly urged by the immigration... View More
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answered on Aug 25, 2024
When you’ve had your lawful permanent resident status restored after a long period of removal, the time spent outside the U.S. typically doesn’t count towards the residency requirements for naturalization. The 5-year and 7-year residency requirements for naturalization refer to continuous... View More
I was deported in 2002 for moral turpitude, not an aggravated felony after getting LPR in 1989. I was paroled back into the United States in 2023 after 21 years when the BIA reopened the case. I had a Social Security number (SSN) with my first green card 1989. I received an approved replacement... View More
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answered on Aug 22, 2024
To apply for naturalization, you need to prove continuous residence in the U.S. for five years as a lawful permanent resident (LPR). Since you were deported in 2002 and only recently paroled back into the U.S., the time you spent outside the country likely interrupted your continuous residence,... View More
We are a small Inc. company incorporated in Delaware and are now considering reducing the salary of two founders. Both are O-1 visa holders and each earns around $9k/month. Specifically, we want to know:
- What happens if we reduce the salary and how much decrement is recommended?
-... View More
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answered on Aug 22, 2024
Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and... View More
My I797A petition was approved in June. I left my employer in July. I just got a new job offer and they want to transfer the H1B to them with a transfer date of October 1. Is this possible? The I797A is still active an not revoked.
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answered on Aug 15, 2024
Yes, you can transfer your approved H-1B to a new employer before its activation on October 1. Since your I-797A is still active and has not been revoked, the new employer can file an H-1B transfer petition on your behalf. This transfer can be done even though your H-1B status is not yet effective.... View More
Her child said something in class that a student reported to the teacher and the teacher contacted the state registry. Investigation showed no proof of abuse after interviewing child and family. Family has been put on probation, anyway. They are fearful how this will impact their immigration... View More
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answered on Jul 26, 2024
It can be incredibly frustrating and stressful to be placed on probation even when an abuse allegation is found to be unsubstantiated. The Department of Children and Family Services (DCFS) has broad authority to take actions they believe are in the best interest of a child's safety, including... View More
I entered the U.S. on a B1 visa in 2020 and applied for asylum status. I expect to obtain my dentist license in one year. I am wondering if I can get a work visa with an employer upon completing dental school.
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answered on Jul 21, 2024
Yes, you can pursue a work visa upon completing your dental school and obtaining your license. Since you are already in the U.S. on a B1 visa and have applied for asylum, you have a valid status that allows you to stay while your asylum application is being processed.
Upon receiving your... View More
Can receiving Cash Assistance from NYC affect my application for a citizenship in the future? Even if I will receive it for 6 months only?
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answered on Jul 18, 2024
Receiving Cash Assistance from NYC for a short period, like six months, generally should not affect your future citizenship application. U.S. immigration laws consider whether an individual is likely to become a "public charge," but short-term or emergency assistance usually doesn't... View More
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answered on Jul 18, 2024
Receiving Cash Assistance from NYC can potentially affect your application for citizenship, but it depends on various factors. USCIS considers whether an applicant is likely to become a "public charge," meaning primarily dependent on the government for subsistence. However, the rules... View More
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answered on Jul 18, 2024
If you have a court case in Texas and want to file for asylum in New York, you need to consider a few important points. Generally, asylum applications should be filed in the jurisdiction where you reside. Since you are living in New York, it may be possible to file there, but your existing court... View More
I have an order of protection against my abusive husband.
I am not a citizen and I might apply for naturalization soon.
I am worried about the Good Moral Character requirement.
I suspect that I might find drugs and I want to make sure not to be committing possession in... View More
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answered on Jul 12, 2024
You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).
answered on Jul 7, 2024
If you marry a US Citizen outside the US, you can return to the US and file a spousal petition where your wife would process at the US Consulate in her country. The process involves filing multiple forms and documents and processing speed could last anywhere from 6 months to 18 months.
Hello. I came to U.S. on a tourist visa. I was allowed to stay legally in U.S. for 6 months. I quit a job that I had regarding my birth country while I was in U.S. I had a marriage license in U.S. during a part towards the end of those 6 months and about one month and some days during overstay. We... View More
answered on Jul 7, 2024
A US Citizen can sponsor an immigrant after marriage for his green card despite your overstay, provided you entered the US with permission which you did. If you are an overstay and don’t get married and then exit the US, you may be subject to a 3 or 10 year bar depending on the length of your... View More
My fingerprint was taken at the police station and i have a court date set to appear virtually. Should i get a lawyer?
Will this affect me traveling to the united states inthr future after paying fines or community services?
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answered on Jul 2, 2024
I understand you're asking about the potential consequences of a shoplifting offense as a visitor to the U.S. on a visa. This is a serious situation that could have significant immigration implications. Here's some general guidance:
1. Legal representation: Yes, you should... View More
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