Get free answers to your Immigration Law legal questions from lawyers in your area.
can I ( as US grand parent) apply for my granddaughter for citizenship ?
answered on Mar 16, 2019
No, you cannot petition for a grandchild. Your son can petition for his child.
I am currently working on H4 EAD. My employer is filing my H1B this April with Consular Processing. If my H1B is picked in the lottery and is approved, how long do I have until I HAVE TO activate it (by going to a consulate out of the country for stamping)? Can I keep working on my H4 EAD as long... View More 
answered on Feb 28, 2019
If you are in the United States, you can change your status; you don’t need to return home to get a visa. You say you are consular processing, however, which implies that you plan to return home. The I-129 approval notice should provide you with a window during which you must apply for the visa,... View More
Will uscis process the petition since he will not be in USA physically. If he is able to file petition how will his deployment affect the case, even if we are able to submit documents and pay fees while he is on tour.
answered on Feb 13, 2019
Yes. He can file the I-130 even though he is not in the USA. His deployment is temporary. As long as he has a permanent residence in the Usa he can use that address on the petition. He should include on the final page a note that he is on active duty and temporarily deployed outside the USA.
My current income for 2018 was about 25k and I am the sponsor for my husband. IN the previous years, i made less than 20k. Am I be able to sponsor my husband if we apply the green card in 2019?
answered on Jan 8, 2019
Generally you must provide your income level for the past 3 years, current income, and your most recent tax return and W-2. If the amounts are pretty consistently at the required level of income, you probably will not have to provide anything else. If you previous income was below the required... View More
answered on Jan 5, 2019
I don't know. I think she must be a permanent resident for 5 years, but not sure. You need to ask a Social Security lawyer.
Note to Justia: Wrong field, should be Social Security. Thanks.
The immigration attorneys at my company are currently waiting for my job posting phase to close out (already got labor cert), so my I-485 has not yet been filed. If I leave my employer before the I-485 is filed and find another employer-sponsor, would there be repercussions to my green card... View More
answered on Jan 5, 2019
Big repercussions. You cannot "port" a PR case until you have filed I-485 and it's been pending 180 days.
As far as your "responsibilities," they are bringing you to permanent residence, so either you are with them or you aren't. Having your own attorney will... View More
answered on Jan 5, 2019
You will need a lawyer, if you can sue. Start out by asking a lawyer, in Washington State, in a consultation, even if you have to pay for it. I wish you well with this one.
answered on Nov 23, 2018
Yes, she is able to travel abroad as long as she not only filed her I-131 (Document for advance parole), but also received it. If she just filed and is waiting for it while her AOS is pending, if she travels, her adjustment of status application is considered to be abandoned, and unfortunately, she... View More
Years back, my son's mother got her US citizenship through a marriage fraud and later on applied for my then 1 year old son for US citizenship. I ratified the consent to go ahead to grant my son US citizenship through an overseas consulate. Today my 6 year old son has US citizenship but I feel... View More
answered on Nov 11, 2018
I am not aware of the process that would allow a minor to renounce their citizenship. Parents are not allowed to make this decision on behalf of their children. A child must be at least 16 years of age to present himself at the US consulate abroad and request renunciation of h their citizenship.... View More
answered on Nov 8, 2018
Unfortunately,being an international student and having a social security card are not sufficient, on their own, grounds to apply for Green Card. There should be family, business, investment, or other relationship that would be a basis for a legal permanent residence (Green Card). I would... View More
I'm from Canada and a US permanent resident ( through marriage) since 2011. I made several money transfers from Canada of less than $10,000 not knowing that this was a federal crime to do so. No one at my bank ever notified me of the potential problem. I am seeking a divorce and my US citizen... View More
answered on Nov 8, 2018
You need to speak with an attorney familiar with federal law around international financial transactions.
I applied I130 for my wife since 11/18/2016 , when my daughter was born I added my daughter as a derivative to my wife on March 2018 and now the process in nvc for them is completed ,and they are waiting for interview at US embassy. I became aUS citizen on 10/23/2018 , as you told before that my... View More
answered on Oct 31, 2018
Unfortunately, it is true that since you became a US citizen, a separate I-130 is needed to be filed for your daughter. You should:
1. Contact the National Visa Center and request to re-schedule your wife's interview.
2. File I-130 for your daughter ASAP.
3. After... View More
I applied for my wife on Nov 18th, 2016. My wife gave birth to our baby Sarah on Nov 6th, 2017. We added our daughter to my wife's application, and now they have case complete and are waiting their interview letter.
On Oct. 23rd , 2018 I became a US citizen, I have several questions... View More
answered on Oct 30, 2018
1. Do I have to upgrade their petition? and if I upgraded, will I have to apply a separate I-130 for our daughter Sarah?
You need to inform the Department of State that you are a citizen now. You have to file a separate petition for your daughter now that you are a citizen.
2. Is... View More
answered on Oct 25, 2018
If a foreign national overstays his/her tourist visa in the US, then their visa is cancelled and upon their return to the home country they have to reapply for a tourist visa (and it will be more difficult for them to obtain it). Also, after overstaying, while in the US, they will not be able to... View More
2 year green card expired 2/18. I-751 recieved 11/20/18. I-797C notice 8/18/18 extends green card 18 months. We would like to travel to Thailand in January to visit family. Will she be allowed reentry to US with old green card and this document. Is there anything else we can do?
answered on Oct 11, 2018
Yes, she will be readmitted with the expired green card along with the I-797 receipt notice. No other document is required.
I was the principle applicant, We filed in July 2017. She is already scheduled for an interview and my case is still showing in "Application Received" status.
answered on Sep 28, 2018
It is hard to say. 2 months is an extremely short time for a citizenship application to be pending, so you are still within normal processing time. The only thing you can do is wait until they issue your interview notice
I overstayed my ESTA, I filed for a Greencard through Marriage. Its ready for interview. In the mean timenI got my EAD. Now for work I need a security seal from Homeland Security so I need to visit a Customs and Border Patrol office. Will I get in trouble since I did overstay my ESTA before I got... View More
answered on Sep 24, 2018
No, that shouldn’t be an issue. They might give you a hard time, but if you are otherwise eligible for the seal, the fact that you overstayed won’t cause you any problems.
She stayed at the age of 16. Her visa is now expired.
answered on Aug 8, 2018
If you are a U.S. citizen you should contact an attorney for help. It is important that the attorney review your wife's immigration and criminal history before any documents are filed. The attorney should also explain the current risks of filing for someone who is undocumented.
In 2011, I got a lifetime ban due to misrepresentation Section 212(a)(6)(C)(i). My mom who is a US citizen hire a lawyer to solve my problem. after 7 years her lawyer said we need to pay NVC and after I do a medical exam. I searched the internet and found that my case needs to do a waiver. I... View More
answered on Jul 9, 2018
You will most likely need the waiver. If you want to immigrate to the United States, your next step is paying the visa fees to the National Visa Center. You will complete the visa application, and you will need to have a medical exam, too. Once you have gone to the interview, the officer will... View More
I have a conviction for reckless driving. My green card expires in Jan. I need to renew my card and disclose this arrest. I have all documents for this arrest including the final disposition. The I90 form does not have a place to enter the arrest information.
Where in this process do I... 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.
