Get free answers to your Immigration Law legal questions from lawyers in your area.
I entered US in May,2013 as a J1 Visa Holder and overstayed visa for almost 9 years. Now I'm married to a husband in same status and have a 2 years old child.
My question is do we have any chance of winning the cancellation of removal if we pass the 10 years, never convicted, clean... View More 
answered on Oct 10, 2021
You may even consider adjusting to LPR is currently married to a USC spouse absent precluding criminal history and having proper admission to the US on a valid J-1.
Discuss jour options further with a reputable immigration counsel.
I have added my husband as dependent and the College will issue I-20 for both of us. I know I have to apply for change of status from B2 to F1 visa. Does my husband has too apply for change of status too if he will be a dependent? If yes, for what king of visa? Thank you
answered on Sep 2, 2021
You are the F1 and your husband will need to apply for the F2 unless he plans to comply with his visitor visa.
My fiancé came with a H2A visa in February 2021 and is through late November 2021. We met in April and got engaged in late July. Our planned wedding is this September, however, he is planning to visit his son who is in Mexico from 8/21/21 through 8/28/21 due to medical reasons. Does the 90 day... View More
answered on Aug 17, 2021
The 90 day rule addresses the intent of a person when s/he enters the USA on a non immigrant visa. Your fiance will be leaving the USA and requesting he be admitted as a non immigrant when he has the intent to immigrate.
I am an Australian citizen with a 5 year multiple-entry B1/B2 visa. I arrived in the US in early April, 2021 and the passport was stamped at the airport. The officer wrote a date on the stamp for early October.
If I travel to Mexico for a weeks holiday in September and return to the US,... View More
answered on Aug 6, 2021
There is no way to predict how long you will be granted to stay upon re-admission and no guarantee that you would be allowed to re-enter in the first place. You have to convince the border patrol officer that you are entering the US for tourist purposes, have the financial means to do so, and... View More
I have a few small things on my record, and I was just charged with 2nd-degree assault. Although I was younger than 18 for everything on my record, I was tried as an adult for this charge and I am now facing jail time for 10-20 days.
answered on Jun 17, 2021
The answer depends upon the 'few small things.' Immigration law mandates removal for multiple crimes involving moral turpitude. If you were tried as an adult, then that may have been a mistake made long ago. It is unclear whether the criminal conviction orders can be re-opened, which is... View More
I had my child her in us, also was self employed in past. Do I need to apply for citizenship or what do I need to do
answered on Apr 29, 2021
Sorry your question remains open. You could reach out to immigration attorneys - some firms offer very brief initial consults for free. You could use the tab above (Find-a-Lawyer) to locate immigration attorneys on this site, or you could search on our own. Another option could be to repost your... View More
In 2016 I am filing my n-400 and I have a question, I have my 4 year tax transcript, the first year in 2016 I didn’t work?I did not work and I was a student, my question is that for my n-400 ,I have my 4 year tax return, for 2016 I didn’t have income , so I don’t file a tax return, do I file... View More
answered on Apr 14, 2021
When you don't file a tax return because you are not required to file a tax return per IRS rules, you would answer YES to not having filed a tax return and simply explain why you were not required to file for that year. Best wishes!
https://www.creditkarma.com/tax/i/who-files-taxes... View More
I feel he has got riped off .
answered on Feb 25, 2021
The immigration court system is bogged down with more than 1.2 million cases and some cases have been pending for 9 years and more.
You can always ask the attorney to provide you with an update and a copy of the file.
You can also visit an experienced immigration attorney and... View More
I have my green card residency for more than 20 years and I want to apply for my citizenship but I don't know if I can because I have a DUI on my background. What can I do and what is the process like?
answered on Feb 8, 2021
It seems unlikely that a single DUI would negatively impact your application for citizenship. Applicants for citizenship must show 5 years of good moral character, so if the DUI was in the last five years you might want to wait until more than five years have passed. You will also want to make sure... View More
I am a US citizen and I met a Brazilian citizen who came to the country with a visa (B1/B2). I fell for him and I don’t want him to leave country instead I want to marry him.
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answered on Dec 25, 2020
Yes you can marry him as long as it’s 90-120 days after entry otherwise uscis can allege immigration fraud. Before Covid-19 it could take four to six months for approval now it takes about six to nine months. He cannot leave the us during the process until he is issued a travel document. Feel... View More
And I want to marry him .Is it possible ? any implications . How long should we wait before marry him and apply for permanent residency .
Thanks
answered on Dec 23, 2020
Yes if you are a US citizen, and you marry somebody that entered the United States with permission, which it appears to be the case, then you can sponsor him for his green card and he can adjust status here and does not have to return home to obtain that. Now there’s a 90 day rule, which... View More
answered on Nov 24, 2020
I regret that your son cannot petition you as an immediate relative until he is 21 years old. Also, the decision whether to petition you is within his control. He may be disqualified when he reaches 21 years of age depending upon the situation.
You do not qualify to adjust status based... View More
answered on Oct 10, 2020
Good morning. Yes. Typically all fees are mailed together with your original submission. Let me know if you need any help going forward. Good luck.
My son from my first wife is living with his mom in Canada, he is 10 years old . I want to sponsor him so he can get his GC and US Citizenship. His mom is ok to sponsor him so he has documented. My Son is Canadian and I am the US and Canadain Citizen.
Would he get any advantage to get... View More
answered on Sep 17, 2020
The following requirements must be met for your son to become an automatic USC through you.
A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth [1]
A child born outside of the United States automatically becomes a U.S.... View More
I believe this article to be neglegant endangerment. Who can I reach out to.
answered on Sep 16, 2020
A Washington attorney could answer best, but your question remains open for three weeks. You could reach out to the publisher and ask them to take the page down while expressing your concerns. If that doesn't work, you could reach out to an attorney for a consult to explore options. You could... View More
answered on Aug 15, 2020
Hey. I am a marriage greencard attorney.Yes you can get married to a U. S citizen. B2 Visa is generally for toursim and not a dual purpose visa. However, many visitors find love while on vacation and get married. They are then able to become permanent residents if they prove that the marriage is... View More
answered on Aug 12, 2020
Are you a US citizen? If so, you should explore the fiancé visa pathway. If the two of you have physically met within the last two years you can sponsor him for his k visa. Once the visa is issued he can travel here, get married and then adjust status to get his green card. Counsel anywhere in... View More
answered on Jul 24, 2020
Yes if the US consulate has issued her a visa. There may be quarantine requirements so check your states current quarantine policy that’s in effect. The airlines should have this information.
I am a green card holder and my husband was physically in US with F1 OPT on April 22. If he leaves US now, will he be affected by Trump’s proclamation if I apply for marriage-based green card for him (which will go through consular process)?
answered on Jul 10, 2020
There are a number of issues in your factual scenario that you should discuss with an experienced immigration attorney BEFORE he leaves the country.
I am a recent immigrant to the US from the UK. I have a wife and two children here who are both American.
I've just found out that my family wont get a stimulus check because we filed 2019 joint tax return last month using my ITIN number (I was a non-resident at the time but still... View More
answered on Apr 21, 2020
You should consult with a CPA or a licensed tax accountant to assist you in amending your tax return. Hopefully, the amendment can put you in position for a stimulus check.
Good luck to you.
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