Get free answers to your Immigration Law legal questions from lawyers in your area.
My husband, who is an American citizen, does not meet the economic requirements to be my sponsor in the immigration process. My sister-in-law, also an American citizen, is considering sponsoring me but she wants to buy a house in January and is concerned whether being my sponsor might affect her... View More 
answered on May 14, 2025
The requirements for a joint sponsor include demonstrating a minimum income level to support the immigrant. The sponsor must factor in household size, including their own family members plus the immigrant, to meet the financial threshold. This is not a cash flow or asset-liability evaluation; it is... View More
I am a Croatian citizen who visited the US on a J-1 visa from May 2023 to October 2023. My friend and I overstayed but applied for an ESTA before leaving in August 2024, which was approved and remains valid. I've been informed that J-1 visa holders admitted for Duration of Stay do not accrue... View More
answered on May 7, 2025
J-1 visa holders must exit the United States by the end of their I-94 expiration date. They are granted a 30-day grace period to leave the country after this expiration date. After this grace period, they begin to accrue unlawful presence.
If a J-1 visa holder accrues more than six months... View More
I am an Indian citizen married to my wife, also an Indian citizen. Our marriage was registered in India. I currently live in California on an H1B visa, and my wife is here on an H4 EAD visa, having moved in December 2024. We have no children or debts and no prenuptial or postnuptial agreements. We... View More
answered on Apr 28, 2025
If you meet the residency requirements, 6 months in the state of California, and 3 months in your county, you are able to file for dissolution of marriage in California regardless if you got married in another country.
In regard to recognizing the divorce in India, I would speak with... View More
I got married in September 2024, and my husband is undocumented. We agreed that I would sponsor him for his green card, but after two months of our marriage, he stopped financial support. I am unable to work due to a mental disability, and I require financial assistance for my needs and... View More
answered on Apr 21, 2025
You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More
I am a green card holder returning to the U.S. through LAX after staying overseas for about 11 months. Previously, I stayed overseas for just under a year and was only asked simple questions, such as which country I stayed in. With current immigration scrutiny, are green card holders now facing... View More
answered on Apr 13, 2025
Yes, you are more likely now than in the past to be sent to secondary and questioned on your lengthy absence from the United States. You should be prepared to provide an explanation for your absence and ideally have evidence of the cause for the absence as well as proof of your continued ties to... View More
I entered the U.S. in 1975 from the USSR as a permanent resident with my mom. I have derivative citizenship through her since she was naturalized when I was 14 in 1981. However, I missed the swearing-in ceremony due to a high school trip and never received a naturalization certificate; my mom... View More
answered on Apr 28, 2025
Based on the information you have provided above, it appears that you should not have any problems applying for the N-600. If you are still concerned, you may consider filing a FOIA to obtain copies of your entire file and ensure you have all supporting documentation that you may require before... View More
As an IT expert specializing in AI with notable projects, currently residing outside the U.S. and looking to find a sponsor, I am considering applying for either an L1 or O1 visa. My goal is to eventually apply for an EB2 visa to obtain a green card and pursue citizenship in the future. Given my... View More
answered on Apr 11, 2025
L1visa is best if you already work for a multinational company with a U.S. branch, as it offers a clear path to a green card (especially through L1-A → EB-1C). The O1 visa is ideal if you have extraordinary achievements in AI (e.g., patents, awards, publications) since it allows you to... View More
I've been denied citizenship, and I suspect it is due to drug charges from 2015 that I handled myself. I completed the PC 1000 program to resolve these charges. I haven't sought legal help before. What should I do now regarding my citizenship application?
answered on Apr 7, 2025
Your inquiry regarding the denial of your citizenship application, potentially linked to 2015 drug charges resolved through the PC 1000 program, involves a nuanced intersection of California criminal law and federal immigration law.
Under California Penal Code Section 1000, successful... View More
As non-American citizens currently residing in the U.S., will our baby automatically receive U.S. citizenship if born here, and what impact might this have on our immigration status?
answered on Mar 18, 2025
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
I have a fiancé visa case that USCIS sent to the NVC on April 19, 2024. My lawyer has been communicating with the NVC, but they stated they don't know where my case has been sent. What steps can I take to resolve this issue?
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
I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New... View More
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
I am a Pakistani citizen and a permanent resident of the USA. I plan to travel to Pakistan for 40 days and have a valid US green card and Pakistani passport. I've traveled to Pakistan before without issues. Will there be any problems upon my return to the USA?
answered on Mar 10, 2025
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.
I am involved in a family immigration case, and the U.S. embassy has requested a joint sponsor, which I am struggling to find from Pakistan. I have never applied for a visitor visa before, but I want to visit the U.S. to personally search for a joint sponsor and also to save my relationship with my... View More
answered on Mar 8, 2025
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
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
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
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
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
I want to know more about the process for filing an I-130 family petition for my parent. I haven't started the process yet and would like information on eligibility requirements and any potential challenges I might face. Additionally, I am looking for advice on finding low-cost or pro bono... View More
answered on Feb 26, 2025
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
I currently have a 2 year green card with conditions and will need to apply to remove conditions using the form I-751
answered on Jan 30, 2025
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
Can the parents of a baby born in USA deny US citizenship for their baby and choose to opt for the parents citizenship instead. Kindly consider that both parents are citizens of India. Thank you!
answered on Jan 28, 2025
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
I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?
I know my... View More
answered on Nov 20, 2024
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
I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?
I know my... View More
answered on Nov 19, 2024
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
