Generally, a child born in the United States acquires U.S. citizenship at birth, according to the principle of birthright citizenship enshrined in the 14th Amendment of the U.S. Constitution. This citizenship does not automatically confer U.S. citizenship or alter the immigration status of the... View More

Adam Dayan Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2025

If the NVC loses track of a fiancé visa case, here’s what to do:

Check USCIS Status – Confirm your I-129F petition was approved and sent to the NVC via USCIS Case Status.

Contact NVC – Call +1-603-334-0700 or use the NVC Inquiry Form. Have your receipt number ready.... View More

Ian E. Scott Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this... View More

If you have a valid Green Card, have not been outside of the United States for an extended period of time (6 months or more), have no prior arrests or convictions that can pose an issue, then you should not have any issues returning after your 40 day trip.

OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required.... View More

I would just like to add the following. If your wife does not have sufficient income, or sufficient assets to make up for insufficient income, and she cannot find a joint financial sponsor, then if you have sufficient assets, which would need to be $75,000 or more, then you could add that to your... View More

If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More

A US citizen child over the age of 21 can sponsor their parent for a green card. If the parent is overseas, you can sponsor them and they would process at the US consulate in their country of residence. If the parent is inside the United States, you can sponsor them for adjustment of status and... View More

A misdemeanor DUI can influence the outcome of your I-751 petition, but it doesn’t automatically mean a denial. USCIS reviews criminal records as part of the evaluation process, focusing on whether the applicant demonstrates good moral character. A single DUI, especially without serious factors... View More

A child born in the Untied States is considered a United States Citizen at the time of birth under the 14th Amendment. In addition, if the other country recognizes dual citizenship, then yes a child could have more than one citizenship as the US currently recognizes dual citizenship. I would speak... View More

A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney

There are many forms and many documents in the journey to process your fiancé to become legal in America. The best approach is to contact an immigration attorney for a consultation on the phone to go over the process because it can be a little complicated. If you are not working right now, or you... View More

Be forewarned that she may try to enforce the I-864 affidavit of support that you filed with your Immigration case.

Even if a spouse immigrant is denied alimony in divorce proceeding, she or he can seek support as set out under form I-864. Further, the spouse immigrant has no obligation to... View More

When a tourist visa interview is conducted, you are correct that they are looking at your home ties. A tourist visa is a non-immigrant visa meaning, when one applies for it they have to show that they have an intent to return home, and the more ties you can show you have to your home country (the... View More

Yes, as temporary resident, so long as you meet the residency requirements in California and the county that you are residing in, you are able to file for a legal name change.

There is absolutely no relevance of your immigration status in the United States in order to change your name... View More

This is nothing of major concern. Unfortunately, USCIS does sometimes cancel and reschedule interviews due to a number of reasons related to their availability, etc. and nothing that has to do with the actual applicant. I would recommend that you stay on top of it and follow-up constantly if you do... View More

This is noting to worry about. USCIS generally has 30 days from the date you have filed an application to issue a receipt notice and therefore sometimes it does take a bit longer. So long as you see that activity is taking place on your case (next step is your interview), you should be okay. If you... View More

So a number of questions come up in this situation. Is this for an adjustment of status case or for a consular processing situation. If this is a consular processing situation, an opportunity to update the I-864 will occur regardless as there is a requirement to update that form before any... View More

You have to complete an 864 form even if your income is insufficient. The joint sponsor also completed a separate 864 form, but if that joint sponsor lives in the same household then he completes an 864a

Generally, only one Form I-864, Affidavit of Support, is required per sponsored immigrant. This form is completed by the petitioner (the U.S. citizen or lawful permanent resident sponsoring the immigrant).  

However, there are exceptions:

Joint Sponsorship: If the... View More