Get free answers to your Immigration Law legal questions from lawyers in your area.
To my knowledge, in some cases, if the termination is due to the H-1B worker's conduct or actions, it can invalidate the grace period granted regardless of reasons typically to terminated workers. If the reason is sub-standard performance and not any violation of workplace policies or... View More
answered on May 31, 2024
Yes, the 60-day grace period generally applies to H-1B workers terminated for sub-standard performance. This grace period allows you to find a new employer, change your visa status, or make arrangements to leave the country.
However, if the termination involves conduct that violates... View More
answered on May 30, 2024
In the case of an H-1B worker being terminated with cause, the situation regarding the 60-day grace period and unlawful presence can be complex. Here's a general overview, but please note that individual circumstances may vary:
1. 60-day grace period: Typically, when an H-1B worker is... View More
to reapply in 2yrs? Letter said “applicant was caught looking for answers at his reviewer” which he brought with him at the interview. Foreign Applicant has glaucoma and cataract on both eyes, uses hearing aids on both ears, 74yrs old without companion at the interview. He said the papers fell... View More
answered on May 28, 2024
In this case, the applicant was denied naturalization due to the USCIS determining that he did not establish good moral character. The allegation of cheating during the interview seems to be the basis for this decision. Given the applicant's age and medical conditions, it's possible that... View More
i got deported cuz he put charges on me that were falsse not only that my ex girlfriend took my son from me cuz my dad never notified me that i needed to go to court for my son
answered on May 26, 2024
I apologize for your difficult situation, but I have a few important things to note:
In California, it is illegal to record a private conversation without the consent of all parties involved. Recording someone without their knowledge or permission could potentially get you in legal trouble... View More
Based on the fee calculator at USCIS (after price changes in April), the total cost of the combined 3 applications should be:
i140: $715 (General filing)
i907: $2805 (EB1)
i485: $1440 (General filing)
Total: $4960
I've since applied for all three. i140... View More
answered on May 22, 2024
Based on the information provided by USCIS, your calculation of the fees for the I-140, I-485, and I-907 seems correct. The total should indeed be $4,960.
However, there might be a few reasons why your application is being returned:
1. Ensure that you have filled out the G-1450... View More
My case involves seeking political asylum. I entered the United States as an international student (F1 visa), and I applied for asylum in 2016 but missed an interview with the immigration office. Consequently, my case was transferred from the immigration office to the immigration court.... View More
answered on May 21, 2024
I understand that your immigration case is complex and you're in a challenging situation. While I don't have all the details, here are some thoughts on potential options and next steps to explore with your immigration attorney:
Since your asylum case was terminated through... View More
I’m US permanent resident, my stepson has student status, he will turn 21 in January 2024.
I submitted I-130 in June 2023 for adjustment of status, my application is still pending.
If my I-130 gets approved before January, is he eligible to benefit from the CSPA and avoiding... View More
answered on May 19, 2024
Based on the information you provided, it seems like your stepson may be eligible to benefit from the Child Status Protection Act (CSPA) and avoid aging out, even if he turns 21 in January 2024. However, this depends on a few factors:
1. Filing the I-485: If your I-130 petition is approved... View More
answered on May 17, 2024
Based on the information you provided, it seems that your I-94 (Arrival/Departure Record) and DT (Deferred Inspection) have ended, and you have filed Form I-589 (Application for Asylum and for Withholding of Removal). Currently, you don't have a legal status in the United States.... View More
answered on May 15, 2024
If you entered the U.S. legally on a B1/B2 visa and wish to file for asylum, you need to file Form I-589, Application for Asylum and for Withholding of Removal. You must submit this form to the USCIS Service Center with jurisdiction over your place of residence. If you are in California, the... View More
I'm adding notes on each transaction on by bank statements PDF pages to explain how these transactions are related to my relationship with my wife and proof a legitimate relationship and marriage. I will be uploading these PDFs in response to RFE by USCIS.
Would USCIS accept PDFs with... View More
answered on May 15, 2024
Generally, it is acceptable to add notes to PDF evidence files that you submit to USCIS in response to a Request for Evidence (RFE). Adding explanatory notes can help provide context and clarity to the evidence you are submitting, which may be beneficial for your case.
However, keep the... View More
I am an international student from China, currently pursuing my second graduate degree in MDA. After completing my first MBA program, the school did not update my I-20, and I only recently discovered this issue, which has been ongoing for a year. I am about to graduate in 1-2 weeks and will need to... View More
answered on May 15, 2024
As an international student, it's crucial to maintain a valid I-20 throughout your studies in the United States. Here are some steps you can take to resolve the issue of not having an updated I-20:
1. Contact your school's international student office or Designated School Official... View More
I-485 was denied.
answered on May 6, 2024
I'm sorry to hear that your I-485 (Adjustment of Status application) was denied. It can be a challenging and stressful situation. To address your question, yes, there are lawyers who specialize in R1 visas (religious worker visas) and the green card process.
Here are a few steps you... View More
My OPT will expire on 6/4/2024. I've applied for OPT extension. It's not processed yet but I got laid off today. How long will be my unemployment grace period?
answered on May 3, 2024
I understand this is a stressful situation. Based on the information you provided, here are the key details regarding your F-1 OPT unemployment grace period:
- Your initial 12-month OPT period is valid until June 4, 2024.
- During the initial 12-month OPT, you are allowed an... View More
Currently on H1-B, laid off and in grace period (40 days).
answered on Apr 30, 2024
Here is the process to file Form I-539, Application to Extend/Change Nonimmigrant Status, to change your status from H-1B to B1/B2 visitor status:
1. Eligibility: Ensure you are eligible to change status. You must have been lawfully admitted into the U.S., not have violated the conditions... View More
My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More
answered on Apr 30, 2024
In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More
I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More
answered on Apr 28, 2024
I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:
1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still... View More
Now so I have permanent residency here in the states. Here is my problem- A friend of mine told me that my employer can pull my work visa and my contract and I can get sent back to my home country, even though I'm a permanant resident here now.Is that's true?
answered on Apr 26, 2024
No, that's not true. As a permanent resident (green card holder), your status is no longer tied to your employer or your work visa. Your employer cannot revoke your green card or force you to leave the United States.
Here are a few key points:
1. A green card grants you... View More
Hi, I am an international student on OPT. My degree is eligible for STEM extension. When I graduated, the school was accredited. And I will be filling for STEM extension in August(curr: Apr). There is a chance that my university will lose accreditation later in November or December. If I assume... View More
answered on Apr 20, 2024
If your university loses accreditation after your STEM OPT extension is approved, the extension itself typically remains valid, as the status at the time of application and approval is what matters. Therefore, your approved STEM OPT should not be immediately invalidated by this change in your... View More
My dad (74y) had administrative closure (low enforcement priority case) years ago, now his I-130 is approved.
When we file for re-calendar (case back on the Court’s active docket) do we have to wait until the hearing date or can we file directly for motion to terminate? can it be done in... View More
answered on Apr 20, 2024
You can file a motion to terminate before the hearing, but it typically requires the case to be re-calendared first, which brings it back to the court's active docket. The motion to terminate based on an approved I-130 can potentially be filed alongside the request for re-calendaring.... View More
answered on Apr 16, 2024
To renew your expired Permanent Resident card (Green Card) and obtain a temporary card for getting a driver's license, follow these steps:
1. File Form I-90, Application to Replace Permanent Resident Card, with U.S. Citizenship and Immigration Services (USCIS). You can file online or... View 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.