There are two reasons why you might want to renew DACA:

1. So you can work; and

2. To avoid accruing unlawful presence.

If you don’t need to work, or if you applied for work authorization as part of your adjustment application, and if unlawful presence isn’t an issue... View More

No, you cannot petition for a grandchild. Your son can petition for his child.

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

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.

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

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.

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

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.

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

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

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

You need to speak with an attorney familiar with federal law around international financial transactions.

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

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

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

Yes, she will be readmitted with the expired green card along with the I-797 receipt notice. No other document is required.

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

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.

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.

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