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answered on Aug 22, 2016
Almost certainly, but you (or he) needs to speak with an immigration attorney about whether he will be able to stay in the US after you've married. More information is needed to assess what needs to be done for him from an immigration standpoint. Consult with an attorney sooner rather than later.
I am 32 years scientist from Pakistan, i will visit this November to attend conference and on the same trip i want to marry my girlfriend. She is a US citizen from Crewe, VA. Is it possible for us to marry ? What we have to do to change status.
answered on Aug 17, 2016
The main issue is that you appear to have what is called "dual intent" - you intend to come as a temporary visitor for business, but you also appear to intend to come on a permanent basis to marry your girlfriend. Coming to the US with the intent to stay is not allowed on a B1/B2. There... View More 
I am applying for citizenship and have some concerns on how to answer questions 31 through 35 on Part 12 of my N-400 application. About 10 years ago, I was wrongfully refused a H4 visa at a consulate abroad under section 6C1. After review of the case, the consulate overturned the refusal and... View More
answered on Aug 12, 2016
This is a very case-specific question that requires the review of the actual documents by an experienced immigration attorney. Consider consulting with one in your area - it would be better to spend some money now than jeopardize your immigration status later. Good luck to you.
My boyfriend and I have been dating long distance for over a year. He came to visit at the beginning of July and has been here since then on a B2 visa. We have had several week-long visits but never one this length. We have discovered in this time of "living" together that we have... View More
answered on Aug 8, 2016
If your relationship is legit and you can provide enough proof to the officers interviewing you will be fine. I suggest contacting an immigration attorney to get advice on what kind of proofs will increase your chances of approval.
All the best.
-Shan Potts
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if my daughter automatically becomes a citizen after my oath ceremony? even though she was born before i became a citizen
answered on Jul 24, 2016
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
He got robbed and filed for the "domestic violence green card", but it has been 2 years, and we haven't heard any news. Is there any way I can help him? Thanks
answered on Jul 13, 2016
If he has been the victim of a crime and has applied for a "U Visa," he is likely already on the best path. If you were married, you could petition for him as your spouse, but he may have to return to his home country for processing. If he had an attorney help with the pending... View More
difference affect his application for a green card and permanent residency? He is 34 and she 59. Also will it be a problem for him if he moves from CA to VA.
answered on Jun 21, 2016
What is the "Extraordinary" visa? The age difference would raise a doubt for sure but if the man and women truly love each other and can prove that they are not getting married only for the purpose of getting a green card, it shouldn't be a problem.
All the best.... View More
My parents are green card holder and they applied for my green card in 2010 under unmarried son and daughter category. I got married in 2014 and my priority date is current now. Can I get the green card through petition filed in 2010? Also my father is a citizen now can i change category to married... View More
answered on Jun 13, 2016
You should change your category and unfortunately you will not be able to retain the same priority date.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration... View More
I was given a ticket, and will be going to court in VA. He told me I violated a federal law
answered on May 30, 2016
The Immigration & Nationality Act says at section 264e:
"Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection... View More
how long it will take for Process and if i submit I-485 form, how logn it will take to change my status?
answered on May 25, 2016
While I am not well acquainted with student visa programs, I do know about family petitions, and petitions for siblings of adult US citizens are currently backed up 13 years (longer if you're from Mexico or the Philippines). While an I-130 could be filed on your behalf now, you could not... View More
Just want to know how long it usually takes to get approved and for the consulate in her home country to process her visa (she is in Peru/Peruvian citizen)
answered on May 9, 2016
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
I can't fly to the Philippines right now because I own some back child support thus my passport will most likely be denied for renewal.
answered on May 7, 2016
This seems to be a question more appropriate for a Canadian lawyer to answer as it implicates Canadian marriage laws, which likely differ between provinces and could possibly involve residency requirements. I'm not certain what information you need regarding immigration law. Seek out a... View More
He is coming from Belgium.
answered on May 4, 2016
This is a dodgy situation that needs a private discussion with an immigration attorney in your area. The Visa Waiver Program is intended for nonimmigrant travel (business, vacation, etc.) and is not meant to be used by people who, in reality, do not plan to return to their home country. He could... View More
I am a green card holder and I have been convicted of concealment of 18$ with 30 days of jail that got dismissed with 2 years. I could not get my citizenship because of that they said i have to wait for the 2 years then they will see if i can get or not. I want to go visit my country this summer... View More
answered on Apr 27, 2016
Most attorneys are going to be hesitant to advise you on this specific question anonymously without knowing your specific facts and criminal history. If you have other criminal history, you very likely may have a problem. Before you leave, consult with a local immigration attorney. Your home... View More
My mother paid the money required to receive a passport/updated passport. I am 18 years old and a legal US citizen. She told me that I am not allowed to keep this passport in my possession because it is not mine, seeing as I did not pay for it. She also stated if I tried to take this passport of my... View More
answered on Apr 20, 2016
Your passport is the property of the US Government and is meant to be held in the possession of the identified person - you. I do not see how she can report it stolen if it is not her own document. Your other option is to report it stolen yourself and pay the fees to receive a new one directly to... View More
I was caught while entering the us illegally but I attended every one my courts and my lawyer was able to close my case but he couldn't obtained any type of legalization
answered on Apr 19, 2016
We don't really have a DREAM Act yet. You are probably thinking of Deferred Action for Childhood Arrivals (DACA). There are a few requirements for DACA, but one that may be a problem in your case is that you must be in the US since June 2007. If your lawyer in immigration court was unable... View More
My boyfriend and I plan on getting engaged he is in the Netherlands but currently residing as an illegal immigrant What's is the best option we have to bring him to the United States ?
answered on Apr 13, 2016
It depends on your own immigration status (US citizen? Permanent resident?). You may have options to bring him either as a fiance or by a family petition if you marry beforehand. His undocumented status in the Netherlands may or may not come into play. Your best course is to consult with an... View More
He has been in the US for two years & we have been married for one year.
answered on Apr 7, 2016
It primarily depends on his immigration history (did he enter without papers, did he overstay a visa?). Consult with a local immigration attorney to discuss his background and eligibility. If you had an attorney for the I-130, ask him/her. Good luck!
to mexico came back got arrested then deported for almost 10 years can I sponsor her after the 10 years so she can come back legally ? what can I do ?
answered on Apr 5, 2016
It may or may not be possible depending on when, how, and why she was deported (or if she was even "deported" within the meaning of the law). You're going to have to consult with an immigration lawyer and lay out all the facts with him/her to find out if this is a reasonable option... View More
, I want to bring them here to the U.S with me but their passports are expired. What do I need in order for them to come back to the U.S and be enrolled in school. I'm currently 18 turning 19 on sept. 04 and my mother is giving me permission to do so since she has sole custody of them.
answered on Apr 5, 2016
First things first - they need renewed passports. Review the American Citizen Services page at the US Embassy - San Salvador website for requirements: http://sansalvador.usembassy.gov/service.html.
Whether or not mom can give you permission to assume custody would depend on if there is a... View More
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