I am a permanent green card holder back in 2019 I became involve with a criminal case dealing with the crime of obtaining property by false pretense. I was placed in this program the public defender suggest me and later on 2020 the case was dismissed. I am wanting to become a citizen and would like... View More 
answered on Jun 10, 2021
First; depending on how you got your LPR status; You are not eligible to file for NATZ until you have been an LPR for 3 or 5 years.
Based on the limited information your provided; it sounds like you entered into a program, probation, or other form of predisposition in exchange for a... View More
I am on conditional GC. We lived together all this time and there are no major problems between us. We are deciding to live seperately starting the last couple months because my US citizen partner needs to take care of a family member for a while. We are going to be close and remain in a... View More
answered on May 18, 2021
Living apart may be a red flag but you should be able to overcome it with evidence of you remaining as a couple through your frequent communications and visits with each other etc. Document it well, submit the evidence when you remove the condition and bring more to the interview (if there is one).... View More
My parents and I sponsored my husband to come to the U.S. He moved out of my house 4 months ago and I thought that he had his own apartment. But it was a lie. Yesterday I got a call from the police telling me that he had been arrested for indecent liberties with a minor. The officer said that he... View More
answered on May 14, 2021
You should send a certified letter to the USCIS. The letter will be placed in the file and seen when he applies for any immigration benefit. You should also notify ICE.
I am a nanny and my boss asked me to fly out with them in June to help take care of the kids. But my visa and I94 has expired and my Passport is still valid. We are flying domestic and wanted to know if I can still fly using my passport or will I get flagged at TSA for using my passport. I am in... View More
answered on Mar 25, 2021
When did you file for a T-visa? If you filed before your other visa expired, you should be "in status" while your application is being considered. Which visa was it, by the way? It would be helpful to know how you were admitted to the US, since you claim that you are a victim of... View More
Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... View More
answered on Mar 12, 2021
You are allowed to file I-539 on B2 visa but if you file for AOS BEFORE your wife's B2 stay expires then there is no need to file the I-539 because as soon as USCIS receives your application your wife's stay will be automatically extended until a decision is reached (or application is... View More
answered on Feb 22, 2021
It does not matter where you got married. You can hire a licensed immigration attorney in ANY U.S. State. The cost will depend on what your immigration needs are. Most attorneys will be able to give you an estimate, some charge fixed fees and others (like me) even disclose their fees on their... View More
We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?
answered on Feb 22, 2021
As long as your fiance is not out of status (his visa hasn't expired), you can certainly get married here in the US. The best part is that he does not need to leave the country to adjust his status. In addition, while it may not impact your case, the Biden administration is working on changing... View More
answered on Feb 22, 2021
Absolutely. You do need an attorney to guide you through this process as you might have to adjust your status as a "battered spouse." Physical abuse is not a requirement - it can be purely psychological in nature. Abandonment would fall under the category of "extreme cruelty."... View More
answered on Jan 9, 2021
You do not need to be in possession of a valid passport to be eligible for naturalization. You will need to comply with all other requirements to file the FORM N-400 with USCIS.
Good luck to you.
Kidnapping is rapid in Haiti now,I'm afraid for my son!
answered on Jan 5, 2021
Check to see if any of the reasons to expedite would apply in your stepson's situation:
https://www.ustraveldocs.com/ht/ht-niv-expeditedappointment.asp
If it does then you can try. If none of the reasons to expedite apply, you can send an inquiry to NVC, check the status of... View More
Currently in OPT and TPS, OPT will expire soon. Entered USA with F-1 Visa. USCIS set-forth a notice saying TPS doesn't qualify for adjustment purposes if alien comes in without "inspection and admission or parole". And, also if travel is done using TPS then after returning back, the... View More
answered on Jan 8, 2021
If you entered on an F-1, that counts as a lawful entry for the purposes of adjustment.
answered on Dec 14, 2020
You may only apply to change your visa while your B1 is current. If you overstay you can not.
answered on Dec 10, 2020
As a U.S. citizen, you can file the relative petition , FORM I-130, on behalf of your brother. The request for asylum by your brother is not an impediment to the FORM I-130.
My boyfriend,age 25, has been in US since he was a child, illegally. He's never had a us license. He got arrested at age 19 for dui. He was arrested yesterday for dui(out on custody release). I am the owner of the car, and was unaware that he'd been drinking. I was asleep in passenger... View More
answered on Nov 29, 2020
More information is needed. Who took the car? Where?
The car probably was likely taken for reasons other than immigration. Find out why! It may have been impounded for a search warrant.
If there were drugs found in the car, it can be forfeited. Find out whether it was... View More
I am a DACA beneficiary since 2012. If I leave the US voluntarily renouncing all DACA benefits, how easy (or how hard) would it be to apply and be granted a tourist visa to visit the US in the future as a simple tourist?
answered on Oct 29, 2020
If you leave the US, you will trigger the 10 year ban, preventing you from returning to the US with or without a visa for 10 years.
To be precise, I haven't been able to file for greencard renewal at this point. I will most likely not going to get a renewed card before the expiration. I currently work full-time. What needs to be done to keep my job after I submit I-90 for greencard renewal? Thank you,
answered on Oct 20, 2020
This quote is directly from the USCIS website.
"If you need evidence of your lawful permanent resident status while waiting to receive a replacement Green Card, we may issue you an Alien Documentation, Identification & Telecommunications (ADIT) stamp after you file this form."... View More
My spouse and Kid are back to my home country 2017. My wife is working there. They are not living with me and are not part of my tax etc.
I am applying I-485 for myself, will my wife and kids will be considered as a Household or not in I-944?
As per instruction seems - No Please... View More
answered on Oct 3, 2020
Hey, for the I-944, your household members include spouse or children under the age of 21 not physically residing with you but you provide at least 50% of thier financial support.
I suggest that you consult with an experienced Immigration attorney to review your I-944 and ensure that you... View More
answered on Sep 29, 2020
Generally speaking, NC does recognize out of state/country wills; however, if you are planning on living in NC I would take your existing will to a local probate attorney and have them look it over to ensure that it still has the same effect that you intended when it was drafted. Also if the will... View More
My husband became a US Permenent Resident 4 years ago through our marriage. He now would like to become a US Citizen, but he is afraid it may be denied due to his past offenses from 2010 and later. They are all misdemenors, traffic violations, and one arrest (detained less than 4 hours). These all... View More
answered on Sep 29, 2020
The requirements for Naturalization are higher than those for a green card and someone who may have successfully obtained a green card, may not qualify to naturalize, or may be denied naturalization at the discretion of USCIS. Your husband should have his records reviewed to determine if any of his... View More
MY PD became current in October Visa bulletin. I am planning to apply for I485.
I have h1 visa valid till Dec 12, 2020, but h1 petition is valid till 2023. I will go for visa stamping as I will be continuing my work in H1 until I get GC. Will applying i485 will impact my H1 stamping?... View More
answered on Sep 27, 2020
The H-1B visa is a “dual intent” visa that allows you to express an intent to immigrate without jeopardizing the issuance of the non- immigrant H-1B visa.
As to the EAD and the advance parole document, you can request those documents from USCIS at the time you apply for adjustment of... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
