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I have an immigration question. My h1b ended on sep 21st 2024 , currently Im on my recapturing time period, where my eb2 niw and h1b ext has applied and pending . My recapturing time ends on jan 9th 2025 . So what will be my situation after jan 9th , does 240 rule works for me?
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answered on Nov 15, 2024
While you're in a complex immigration situation, let me help break this down for you.
After your H1B ended on September 21st, 2024, you entered your recapture period which ends January 9th, 2025. During this time, your EB2 NIW and H1B extension applications are pending. The 240-day... View More 
What documentation and applications are needed, and what direction do we go to begin the entire process? He is open to work in any field but has skills in digital/graphic design.
answered on Nov 9, 2024
A US employer must file a petition to sponsor him for an employment based visa
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answered on Nov 15, 2024
If your spouse passes away during the green card application process, you may still be eligible to continue with your application under the "widow/widower provision" of U.S. immigration law.
The law allows you to continue pursuing permanent residency if you were married to your... View More
I am sponsored for a green card with my current employer, but my supervisor has made my work environment bad through retaliation for something I raised, can I move companies/jobs as soon as I get my green card?
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answered on Nov 15, 2024
Once you receive your green card, you gain permanent resident status which gives you the freedom to work for any employer in the United States. Your green card status is not tied to your sponsoring employer.
However, if you received your green card through employment-based sponsorship, you... View More
ME AND MY FAMILY (MY PARENTS &ME) .IT WAS EXPIRING ON 22/10/2005.WE ENTERED CANADA ON 07/05/2005 AND GOT CONFIRMITION OF PERMENANT RESIDENCY ON 27/05/2005. I GOT MY PR CARD/ SIN / HEALTH INSURANCE EVERYTHING. AND EXPIRY DATE ON PR CARD WAS 25/05/2010.
SO FOR THE CITIZENSHIP WE HAVE TO... View More
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answered on Oct 11, 2024
It is unlikely that you can simply reactivate your old PR status, as permanent residency in Canada requires maintaining residency obligations, including being physically present in Canada for at least 730 days within a five-year period. Since you and your family left Canada in 2005 and did not meet... View More
My parents are currently in the U.S. on B1/B2 visas. They arrived in June, and their 6-month stay is set to expire in December. We’re hoping to extend their stay for a few more months and are preparing to file Form I-539. My question is whether it’s better to file two separate I-539 forms for... View More
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answered on Sep 21, 2024
When extending your parents' B1/B2 visa stay using Form I-539, either option—filing separately or jointly—can work, but there are some factors to consider. Filing jointly with one primary Form I-539 and adding a Form I-539A for the second parent may be more convenient since it consolidates... View More
I want to apply for green card through marriage and i am worried if it would be easy ,view that i already have a pending asylum ,also because on my 1-589 form i checked the box for ,withholding of removal under the convention against torture.
answered on Jul 28, 2024
Even if you have a pending asylum case, you can still be sponsored for a green card after marriage to US citizen.
Can that person with family stay in US while I-130 being reviewed for 2-3 years until the decision made? Or they will be deported after tourist visa expiration? If status adjustment filed is denied? How long the status adjustment takes?
Syrian national, living in Emirates.
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answered on Jul 24, 2024
If you have filed an I-130 and entered the U.S. on a tourist visa, you are generally expected to leave before your visa expires. Staying beyond your visa's expiration without proper authorization can lead to deportation and may negatively impact future immigration applications.
To... View More
I know there is an American embassy in Venezuela anymore but she does live in Bogota Colombia where the American embassy is.
answered on Apr 25, 2024
I believe that the US Consulate in Columbia is currently handling visa processing for Venezuelan nationals. If she is living in Columbia now and has documentation to prove that, then it is highly likely that she can process inside that country.
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answered on Apr 25, 2024
If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.
Typically, you have 90... View More
I was wondering if my mom, who has had a permanent resident card since 2017, is eligible for the government funds.
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answered on Mar 7, 2024
Based on the information you've provided, it seems your mother is a lawful permanent resident (green card holder) living with you in the United States. However, eligibility for government assistance programs can vary depending on the specific program and your mother's unique... View More
I am helping this family they have 3 children, 2 were born here in the U.S. They fled Honduras, but they don't have their green cards or even work permits, so I am trying to help them with these things. What do they qualify for?
Thanks
Tracy
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answered on Feb 26, 2024
Tracy, it's commendable that you're looking to support this family. The question of whether they qualify for protected status in the U.S. depends on various factors, including current immigration laws and the family's specific circumstances. For individuals from Honduras, Temporary... View More
She is threatening me with divorce, she says I would have to leave the country and wouldn’t be able to have 50/50 custody because I wouldn’t be able to live here.
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answered on Feb 21, 2024
It's understandable that you're concerned about the situation with your wife and the potential impact on your ability to see your children. However, divorce and custody matters are complex legal issues that vary depending on the specific circumstances and jurisdiction. Your immigration... View More
A permanent visa
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answered on Jan 26, 2024
If you are a US citizen or have permeant residence status you can file a form I-130 sponsoring her for permanent resident stats and she can stay in the US. She can also apply for a work permit and receive a social security number.
Once she received permanent resident status it will be for... View More
We have Medicaid, I took my teen to the emergency room. They asked the usual questions but then asked her if she was born outside of the U.S. I felt very uncomfortable, never had anyone in an emergency room asked this before.
answered on Dec 22, 2023
Health care providers should not ask for immigration status information, nor make such inquiries! Citing the NILC, below:
"Under federal law, hospitals with emergency rooms must screen and treat people who need emergency medical services regardless of whether they have insurance, how... View More
I'm a Green Card holder but do not full fill the Physical Presence Requirement due to I work onboard ships for a US based company.
I was previously denied due to that, can I get a citizenship with physical present requirement exemption due to my unique employment situation?
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answered on Nov 18, 2023
For U.S. citizenship, meeting the Physical Presence Requirement is typically a key criterion. However, in certain cases, exceptions can be made. Given that you work onboard ships for a U.S.-based company, this might be considered a special circumstance.
Typically, employment with a U.S.... View More
Me and my siblings are under pending asylum case that has been pending for many many years. The case is under my fathers name. Now my father is about to get his green card through employment at a university. However, because now we are old, the lawyer couldn't add us to his case since we... View More
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answered on Oct 22, 2023
If your father's asylum case is closed due to him obtaining a green card through employment, the derivative benefits you had as his dependents in the asylum application will also end. Given your ages, you're no longer considered children for immigration purposes. It's essential to... View More
I have emails that's she said she changed my opt start date, but she doesn't. I wanna know I can sue her to restore money that's I lost or sue her to regain my opt back.
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answered on Oct 22, 2023
If your OPT was denied due to a mistake made by your Designated School Official (DSO), the first step is to speak with your DSO about the issue and see if it can be rectified administratively. In some cases, the DSO might be able to correct the error or provide guidance on how to reapply.... View More
My mom applied I-90 form and is waiting for her green card to be replaced. She got the I-551 stamp on her passport, but she doesn’t have a physical green card (the USCIS has it). Can she still travel back to the US with her German Passport with the I-551 stamp on it?
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answered on Aug 15, 2023
You should be able to travel with just the I-551 stamp, which is also called the temporary proof of legal residence stamp.
For example, the alien was deported after being convicted for drug trafficking then they reentered the US unlawfully/illegally and was then convicted of another crime and served 6 years in prison. Are there any grounds for the person to defend not being deported if they have a child to support who... View More
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answered on Aug 15, 2023
it is impossible to discuss this in the hypothetical; suffice to say that whoever has this issue needs an immigration lawyer experienced in 'crimmigration' because sometimes it is possible to do certain things with the conviction, after it has been entered. Much depends on the crime itself.
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