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I’ve been told this exception only applies if you obtained the green card through marriage but I can’t find that on the USCIS website.
answered on Jun 24, 2018
Not true.
In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you
Have been a permanent resident (green card holder) for at least 3 years
Have been living in marital union with the same U.S. citizen spouse... View More 
I entered the USA on a K 1 visa in January 2017. I married my spouse in February of the same year and applied for my I 485 in July 2017. Now I want to abandon my petition and return home to the UK. Will I receive a 3 or 10 year ban for a visa overstay?
answered on Jun 24, 2018
Since you overstayed for less than 180 days, you are not subject to the unlawful presence bars.
I'm currently in dental school and TPS for my country will be terminated Jan 2020. At that time, I still have a year and a half before I graduate. Finishing dental school is my top priority. I've done some digging and it seems like I could get I-20 from my school and use I-539 to... View More
answered on Jun 14, 2018
Adjustment of status refers to applying for a green card, not to F-1 student status. Talk with an experienced immigration attorney about your options.
I left the US on 2009, my dad applied for the I-130 form for both my mom and me. Two years later we got a later with the dates of the interview at Cd. Juarez. Once at the interview my mom was granted a visa, mine was denied and given the 10 year bar due to illegal entry to the US (i entered the US... View More
answered on Jun 14, 2018
Unfortunately, you must remain outside the US for 10 years before you can apply for an unlawful presence waiver.
My H1B visa transfer is in process (transferring from Emp A to Emp B). I am still working for Emp A and have a valid stamped visa and valid I-797 from Emp A. Emp B has filed an I-129 under premium which had an RFE and has been responded to.
Can I travel out of the country for 2 weeks and... View More
answered on Jun 9, 2018
If you travel outside the US while your H-1B transfer is in process, it will be deemed abandoned by the USCIS.
My questions on this is who automatically roles the child from one category to the next. Also do they keep thier original priority date. Does a new I-130 need to be filed and another I-130 fee need to be paid
answered on Jun 5, 2018
No new I-130 needs to be filed. No fee needs to be paid. Child moves from 2A to 2B category automatically on his/her 21st birthday.
Who do I contact to find out information on the case , when I call uscis they say that nothing has been done on the case and we have to submit a new I130 pay the fee and start all over again. This doesn't seem right as I'm sure we were told she would be rolled over to F2B and keep the... View More
answered on Jun 5, 2018
Immigrant visa (IV) applicants currently working with the National Visa Center (NVC) to complete their IV applications should make sure NVC has a working e-mail address for at least one party on their case. (A case party is the petitioner, beneficiary, or agent/attorney.) If you have not... View More
if the child who aged out of F2A category is it uscis who automatically rolls the child over to f2b and do they keep the same case number. You said in the last question a new I130 does not need to be filed so do we not need pay for another case. My husband is a lpr and he sponsored myself and my... View More
answered on Jun 5, 2018
Yes, nothing changes except that your daughter is now in the 2B category.
answered on Jun 5, 2018
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
answered on Jun 5, 2018
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
When a child ages out is the child automatically rolled over to from F2A to F2B and do they keep their same priority date. Does a new I130 need to be filed. If a new I130 needs to be submitted how much time do you have from the time they have aged out to submit it??
answered on Jun 5, 2018
When the child turns 21 years of age, they automatically convert from the 2A to the 2B category. There is no need to submit another I-130 visa petition.
does a new I130 need to be filed when the category is changed from the f2a to the f2b
answered on Jun 4, 2018
Yes, this is how it works. The 2B category is much more backlogged than is the 2A category.
His Visa was renewed May of last year and it was for 3 years. I am afraid that he will loose status once i petition him (be in limbo). I want to know so we can prepare and save money if I will be the only provider. Am i wrong?
answered on May 30, 2018
If you are a US citizen, you can immediately sponsor your husband for a green card. He can continue working with his temporary visa in the meanwhile.
Carl Shusterman
www.shusterman.com
Now, I have been in the U.S sine November 2014 and stayed over 30 months. Can I apply for citizenship now or should I compete 5 five years to apply? (five years starting November 2014). Prior to November 2014 I stayed over 6 months and I want to eliminate it from my records so it doesn't... View More
answered on May 18, 2018
You can apply for naturalization now if you have had a green card for 5 years and have been physically present in the US at least 50% of that time.
I found out he has had 3 other children in Mexico while visiting his family throughout our marriage.. He was physically and emotionally abusive to my children and I and he also admitted to only marrying me for his documents, But stayed with me all these years because he made the mistake of having... View More
answered on May 10, 2018
If you and he had children together, the chances that he would be deported for a fraudulent marriage are probably close to zero.
She is American Citizen and he is from Iraq
answered on May 10, 2018
She can sponsor him for a fiancee visa.
The U.S. citizen must start off the process by filing United States Citizenship and Immigration Services (USCIS) Form I-129F, Petition for Alien Fiancé. This, and other forms, are available from the USCIS website. (Click the "Forms" tab,... View More
I am a green card holder who is mentoring an American-born teen. I always need to show a proof of residency when driving by the boarder patrol stops in Arizona. If the teen is with me, will she have to show a birth certificate as well? Do the boarder patrol officers have the right to ask about the... View More
answered on May 10, 2018
Unfortunately, immigrant agents have arrested and imprisoned over 100 US citizens. However, it is not a requirement that a US citizen carry his/her birth certificate with them.
Hello, I am a US citizen currently living in England with my British citizen husband. We're going to be returning to visit as a family member has fallen ill. If once we're there things take a turn for the worse with their health and we want to stay in the US to help can we apply for my... View More
answered on May 8, 2018
Yes, that’s possible. You are right to be concerned about the fraud issue, but if his intent is to come to help with a relative and the return to England, and later he changes his mind for whatever reason, that should not be seen as fraud. It is all a question of intent at entry.
She left a child in Mexico is it possible i can applied for him? And what forms do I fill out?
answered on May 7, 2018
While you cannot sponsor a grandchild, if you adopt her child prior to his 16th birthday, you may be able to sponsor him for a green card.
Children whom you adopt from overseas are not automatically entitled to enter the United States. You will need to comply with certain immigration rules... View More
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