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I currently reside outside the US with my foreign spouse. We plan to return to the US, but I no longer have a job or residence there, however, we do have someone willing to co-sponsor. If the co-sponsor can show for these things, do I need to as well?
answered on Nov 11, 2019
In order to file for your spouse, you must provide a US residence where you intend to reside. In terms of having job or finances you will have to document your current income and your adjusted gross income for the past 3 years. This is true even if you do not meet the poverty guidelines and even... View More 
An illegal immigrant who works at a store is accused of theft where paid under the table. Who has more to lose if the store owner wants to report the crime because he/she employed the employee without documentation. The store owner might have video surveillance that shows the crime but can't... View More
answered on Nov 15, 2019
I would say that the immigrant is more likely to be deported than the store owner get in trouble, especially if the amount stolen is $500 or more because that would be a felony.
I have a general inquire in regards of filing documents for my mother-in-law. My wife is a US citizen and we have completed the I-130 and have the supporting documents, including the translation. We are trying to send the I-864 affidavit for support at the same time, however, we are finding it... View More
answered on Aug 28, 2019
This case is very complicated and should be handled by counsel. Dont try to do it yourself. If you pursue a strategy that doesnt work out, then you will have wasted thousands of dollars on USCIS/Consulate filing fees and many months if not years of delay. Discuss with counsel.
I am a US citizen, and my GF is an Indian citizen and in Canada on a student visa. She got a US visitor and visited the US for a week in April 2019. Now we are planning to get married in Oct-2019, she will come here in the US for a week and get married and then she will go back to Canada.... View More
answered on Aug 13, 2019
This is a very sensitive issue in the eyes of the Immigration officers who will explore the questions surrounding your marriage interview. You should discuss your case privately with counsel for a full review of the facts of the situation.
Well, I am applying for assylum during my time here in US I made a relationship with American citizen for more than one year we wanna get married and he wanna help me with the immigration documents but he in the past made a student loan and is still pending and recently he had a car accident were... View More
answered on Aug 11, 2019
Counsel anywhere in the USA can represent you for your marriage petition. More facts would be needed to see if any grounds of inadmissibility apply. Your fiancé legal problems with his car accident would most likely not affect the process, but there may be exceptions to this that apply. A free... View More
I came to the us in March on a VWP and my 90 days ended in June. My US citizen husband and I got married in May , we originally planned on AOS but some private issues made it so that we weren't able to file yet, we are considering moving to My home country ( Germany) but haven't found a... View More
answered on Jul 10, 2019
Those who are put in immigration court are usually arrested, or notified after they file an application and the application is denied. A person must be issued a written notice to appear before the immigration court. Usually, there must be proof of service, but a person who is documented should... View More
My wife went to India for H4 to F1 stamping and the visa got rejected with 214(B) clause and the description says it as the potential immigrant.
Interview questions were asked about OPT and why changing from H4 to F1.
What are the chances of approval for the second time?... View More
answered on Jul 3, 2019
You wife needs to show that she has significant connections to India that would preclude her wanting to stay in the US—family, assets, school or work, etc.
the love is mutual and we no longer want to be apart. She has two sister's already in the states if that has an advantage for our situation
answered on Jun 11, 2019
There are different Immigration rules that would be applicable to your girlfriend coming to the United States. Absent knowing more information regarding you and your girlfriend I can't provide any specific guidance. Information such as: are you a U.S Citizen or a green card holder, what is... View More
Several times I contacted USCIS and NVC. USCIS says that they sent it and I need to contact NVC while NVC says I need to contact USCIS. Also, I wrote to Senator and Congressman, they both contacted them and got the same results. It has been over 6 months now since USCIS sent my mother's... View More
answered on Jun 12, 2019
Someone is not trying hard enough. We recommend that you contact an immigration attorney for assistance.
I came to the US from Nigeria in August 2017 to do my PhD with F1 visa. The program is for four years. My family (Wife, 3 yrs old daughter and 1 yr old son) joined me in August 2018 with F2 visas. Our only income is the stipend I receive working as a graduate assistant in my department. More than... View More
answered on May 14, 2019
While in the past use of subsidized or section 8 housing has not necessarily been considered in making a public charge determination, the Department of Homeland Security recently published proposed rules to expand the types of assistance that would be considered in a public charge determination.... View More
I have been married for a year in May 2019. I got my 2 year green card in February 2019 which is valid till February 2021. Do i remove conditions on my green card within 90 days of my second marriage anniversary or is it 90 days of the GC expiration date?
answered on May 13, 2019
File within the 90 day period before the 2 year card expires. Otherwise, there can be complications if the petition is not received, not filed or otherwise rejected. Be forewarned that the form instructions are incomplete. That is why it’s wise to seek legal advice. Good luck.
The above... View More
I received my GC about 7 years ago, but left the US in December 22, 2013 until October 2, 2014. That is about 9 months. I intend to file N 400 in may, it will be 4 years and 7 months, so my absence from the US during the last 5 years will be less than 6 months (5 months or few days less).... View More
answered on May 13, 2019
USCIS looks at the travel outside of the US 5 years backwards from the date that you file. Since it is now May, 2019, they would go only back to May 2014. The number of days that you were out of the US from May of 2014 through May of 2019 is what will count against you. (May through October,... View More
I am on H1B currently working as Software Engineering Manager. I have Bachelor Degree in Electronics. I am thinking to pursue Master in Computer Science to avoid future RFE for Speciality Occupation.is this wise decision to do masters only to avoid RFE in Speciality Occupation because my bachelor... View More
answered on Apr 9, 2019
If you do not plan to follow through with the any type of immigration case, it is better to withdraw it then wait for an RFE and a potential denial.
What should she say during the interview regarding her charge? It’s her first ever offense of any kind and the whole situation was blown out of proportion.
answered on Mar 31, 2019
Don5 be cheap now. This can destroy everything you have been working for. Hire an attorney
answered on Mar 29, 2019
Yes, separate petitions would be required. Check with an immigration attorney to verify eligibility, especially for the older child.
My mom was here on October 3rd 2018 and left January 7th 2019. She is planning to come on may and leave On July and then returns back in 2 weeks to stay another two months. Will she have any problem returning to the US after two weeks from her leaving?
answered on Feb 7, 2019
If her trips are short, it should not be a problem to reenter. However, as a general rule, 6 months in one year is as much as is usually granted. That said, the immigration officer at the port of entry is the only one that can make that determination. You should consult an experienced immigration... View More
I have filed form Form I-539 to extend my tourist visa. I have received my confirmation notice and my case has been pending. I went back to my country. The case is still pending. Should I contact USCIS and let them know that I am no longer staying in the US? I am planning on going back to US this... View More
answered on Jan 24, 2019
Yes, you should notify USCIS that you have left the U.S. and wish to withdraw you application for extension.
I lived illegally in USA 7 years ago. Never got a problem. I came back to my country and now I got offer a work permit for Canada as a truck driver to go from Canada to USA and VS. Would the fact that I lived in USA in the past be a problem to enter with a work permit for working purposes only?
answered on Jan 22, 2019
Yes, that is definitely a problem. You will not be able to enter the U.S. legally without a waiver for the unlawful presence. You should seek the assistance of an experienced immigration attorney.
She is naturalized. they are saying the physical presence have to be met prior to the childs birth. That is not what it says in the instructions or definition of section 322, it stated proof she she has been in the US over 5 years. We filed to get her son citizenship, he lives in the philippines.... View More
answered on Jan 19, 2019
There is a lot of confusion over this area of the law, and the statute has changed several times. There are different requirements depending on the child's date of birth. This issue needs to be address through a full consultation with an immigration attorney.
Hi :) I'm a u.s. citizen.. I'm trying to get my wife a visa to be able to come live with me in the U.S.A. She lives in Cambodia .... My question is... Will the U.S. Embassy in Cambodia look at my credit report? Because I'm trying to file for bankruptcy .. I don't want... View More
answered on Jan 16, 2019
No. You will have to file an affidavit of support, provide income information for the past 3 years, and submit your most recent W-2 and federal tax return, but they do not check credit.
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