He served in Arizona, was released 2001. We have been together for 6 years 10 months, our baby is 15 months old. We want to get married and live here in California. He currently works for the IMSS (Mexican Institute of Social Security-Federal Medial Hospital) in Tecate Baja California.
Depends on the amount of marijuana that he was caught with and exactly what he was convicted of. If he was convicted of possession for sale or something along those lines, this would constitute a drug trafficking conviction, which would make him permanently inadmissible to the United States....Read more »
My parents got I-130 approved in June'2022. I filed their AOS (I-485) in Nov 2022, waiting to hear from USCIS. Their I-94 is valid till Jan 21'2023. They want to travel to India in Jan/Feb 2023. While waiting for I 485 approval, can I file their Advanced Parole (I-131) so that they can... Read more »
The current posted processing time for Form I-131 (Advanced Parole) at the National Benefits Center is 11.5 months, so if you file the AP applications now the applications will not be approved in time for travel in the next month. If your parents have an emergency reason they need to travel to...Read more »
Hello Long Beach Resident! As a student, you are exempt from the substantial presence test. You should not count days when you are an exempt individual for the substantial presence test calculation. Refer to Publication 519, US Tax Guide for Aliens at...Read more »
You have not provided sufficient information to allow me to give you a reasonable answer. Whether you can get a visa is up to the United States Department of State, otherwise known as the State Department.
However, whether you argue with a United States citizen or someone else should have...Read more »
Can my foreign partner (who only visits the USA and does not live in the USA) with ITIN and a USA bank account simply file an IRS form 1040 instead of 1040NR? Also would this partner need to declare his foreign (Irish) income on the 1040?
U.S. tax residents are subject to worldwide taxation. Your friend should discuss this situation with an experienced international tax accountant to determine if there is an opportunity to make an election to be treated as a U.S. tax resident. If there is an election to be treated as a U.S. tax...Read more »
There is no designated method to expedite one’s pending I-130, however, this case requires an immediate legal consultation with an experienced immigration attorney to suggest the most optimal course of action as the situation is fluid and may disintegrate further, thus changing the initial fact...Read more »
In simple terms the word "render means "to provide service, give, make, cause something to happen". Thus, the referenced case has been approved and the document should be expected at the address listed in that initial N-600 application.
He will need to submit proof of his legal name change for his new name to be recognized by U.S. immigration officials and for the immigrant visa to be issued in that name. If the I-130 is still pending with USCIS you would need to submit proof of his legal name change to the service center...Read more »
If you entered the USA with permission, you could be sponsored for a green card by your US Citizen child once that child reaches the age of 21, despite your overstay. Additionally, if you marry a US citizen, he could sponsor you for a green card despite your overstay.
The sooner that you start the process the better because it’s going to take at least two years before she has permission to travel to the US on a K fiancée visa. Better yet, you should retain counsel to handle the case from start to finish because it has to go through multiple federal agencies...Read more »
We have received a notice today that our N400 naturalization interview is scheduled during a long planned vacation overseas. Is it safe to reschedule the interview or should I just cancel the vacation and try to reduce the non-refundable costs? Thank you!
You must inform the USCIS in writing about the important family or personal reason for why attending their assigned date is impossible for you. A simple family vacation might not be enough grounds to receive a rescheduled date. Speak to a lawyer, is my suggestion.
I am a F1 student and I'd like to work remotely as an intern for a company outside the US. I talked to multiple advisers at my school's international student services and they told me that, as the company does not have US presence (they checked the company website), they cannot issue CPT... Read more »
This s an interesting question. Short of a research to see how this question is answered by the USCIS, AAO or BIA, or without looking into the definitions under the statute for the meanings of employer, employee, work and compensation, I’d err on the side of caution and avoid this internship...Read more »
I'm a US Citizen that just eloped with my EU Citizen boyfriend. We met in Europe while I was studying abroad. He came to visit me here in the US on an ESTA and (roundtrip ticket) with every intention of returning back to his Visa Waiver Country, however, about 5 weeks into the 8-week trip we... Read more »
Congratulations on your marriage. Quick answer to your question is yes, you must file the I-130, which you can file at the same time with the adjustment status. The more important question you did not ask is the timing. When should you file? Wait at least 90 days from his date of last arrival into...Read more »
I accidentally filed for the I-90 on October 20,2021 which was 90days prior to when my 2 year green card expired . Unfortanetly I just found out while checking on any updates That I was suppose to file for the I-751 . I am in disbelief and don’t know what to do because I read that they can deport... Read more »
So your green card has been expired for almost a year? Normally, if your failure to file was through no fault of your own, you can file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may be
The second one due to having covid. It took ages to reschedule that second interview. Now they want evidence for why I missed the second one, but I never went to the doctor and don't have evidence. I think it might be faster to withdraw my I-130 and re-apply. Can I do that.?
Was there a concurrent adjustment of status application filed by your husband? If so, withdrawing could be costly both in terms of money and time. If this was a stand-alone I-130 petition, they don’t usually call for interview unless there is an issue with your personal background as the...Read 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.