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I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship... View More
answered on May 28, 2024
Marriage to a green card holder, by itself, will not provide any status protection for him before you become a US citizen but could be a basis for cancellation of removal if other requirements are met. The marriage will not have any negative impact on your future citizenship application. Consult in... View More
I have immigration/marriage related questions. I'm a U.S. permanent resident and I obtained my green card via EB2. My boyfriend entered U.S. legally via H2B but over stayed more than 5 years. He's currently in U.S. He has never received deportation letter. I plan to seek U.S. citizenship... View More
answered on May 28, 2024
Marrying your boyfriend who has overstayed his visa by more than 5 years could have implications for both his immigration status and your future citizenship application. Here's what you should consider:
1. Spouse of a permanent resident: If you marry your boyfriend while being a... View More
Is it ok to provide the bigamous marriage certificate during consuler report of birth abroad application?
My father married to two wives and i was born abroad to the bigamous wife and the first wife is american and the second marriage occurred abroad in 1995 prior to his naturalization... View More
answered on Mar 28, 2024
When applying for a Consular Report of Birth Abroad (CRBA), it's essential to provide accurate and complete documentation as requested by the consular officers. In your situation, where the marriage could be considered bigamous under U.S. law, this raises specific concerns. U.S. law generally... View More
Naturalization application (N-400) filed in Austin, TX on 09/15/23. Was living in Austin at time and had lived there for 3 yrs all of which on my N-400 application.
Received denial letter after interview on grounds that I didn’t meet section 316(a)(1) - suggested I didn’t live in the... View More
answered on Mar 13, 2024
Based on the information you provided, I believe you have grounds to appeal the denial of your N-400 application by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.
The key points supporting your appeal are:
1. You met the continuous residence... View More
Hello,
I am currently on an OPT visa in the United States, running my online business which is incorporated in the U.S. As my visa is about to expire, I would like to explore options for continuing to operate my online business from the Bahamas, where I am a citizen. What legal pathways or... View More
answered on Feb 24, 2024
As you prepare to transition from the U.S. on an OPT visa to working from the Bahamas for your online business, it's crucial to address both immigration and business operation considerations. Firstly, ensure your business complies with U.S. laws regarding foreign operation. This includes... View More
As an asylee granted by EOIR, I need to answer Question 3 in I-485 form under the Information About Your Immigration Category which asks information on Receipt Number of Underlying Petition and stipulates if I am the principal applicant. I am not sure if I have or know any receipt number of... View More
answered on Feb 1, 2024
When completing the I-485 form as an asylee, you typically do not need to provide a Receipt Number of Underlying Petition unless you have a specific petition or application that led to your grant of asylum. In most cases, asylum is granted based on the asylum application itself, and there may not... View More
I arrived here on August 29 but went back for Christmas to see my mom. Came back and he proposed. If I were to marry him now, would I be able to apply for I-130 and stay? Also would like to know if leaving the USA made the 180 days start over or if it continued where it left off from when I left... View More
answered on Jan 31, 2024
Yes, you can get married in the United States while on a visitor visa from Canada. After getting married, you can apply for an Adjustment of Status through the I-130 form to become a permanent resident based on your marriage to a U.S. citizen. However, it's important to note that you must have... View More
My sponsor under u4u, forcibly threw me out of the house and won't let me stay after 2 weeks of being the states. He knew I had health issues and risks as well. So I was already mentally, verbally, and physically abused. I have also been forced to stay in america and to remain homeless with... View More
answered on Jan 14, 2024
I'm sorry to hear about the challenges and hardships you've been facing. It's important to understand that your situation sounds serious and might require legal intervention. However, it's essential to consider a few key points before proceeding with legal action.
First,... View More
My sponsor under u4u, forcibly threw me out of the house and won't let me stay after 2 weeks of being the states. He knew I had health issues and risks as well. So I was already mentally, verbally, and physically abused. I have also been forced to stay in america and to remain homeless with... View More
answered on Jan 15, 2024
There are limited mechanisms to handle these situations. The best remedy is to be a good guest. Obviously, things sometimes do not work out. However, you are entitled to file for an employment authorization card.
In addition, you should seek the assistance of a not for profit, community... View More
answered on Jan 12, 2024
In the United States, being aware of a fraudulent marriage and not reporting it can be a complex issue. The legality of your situation depends on various factors, including your role and any legal obligations you might have to report such activities.
If you are not directly involved in the... View More
Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More
answered on Jan 8, 2024
Re-entering the U.S. on an F1 visa while an I-140 is pending can be complex due to the dual intent involved. Your F1 visa is a nonimmigrant visa, which means you must demonstrate nonimmigrant intent when entering the U.S. However, filing an I-140 (Immigrant Petition for Alien Worker) can be seen as... View More
Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More
answered on Jan 7, 2024
Under existing U.S. immigration law, an F1 visa is classified as a non-immigrant visa. The key aspect of the F1 visa, and indeed all non-immigrant visas, is that they are intended for individuals who plan to stay in the U.S. temporarily and have no intention of abandoning their residence in their... View More
Submitted my NIW petition in December and went back to my home country for christmas break. Just realizing that I might encounter the "demonstrating immigrant intent" while my I-140 is pending. Will a CBP officer prevent me from re-entering and if he asks about immigrant intent, what... View More
answered on Jan 8, 2024
The most important thing to keep in mind is to tell the CBP the truth. If are still engaged in course work, it is easier to explain you intend to finish your studies. If you are on OPT or extended STEM OPT you should say you understand your obligation to leave at its completion; that the NIW I-140... View More
answered on Nov 18, 2023
In cases where a U.S. citizen is unable to meet the financial requirements to sponsor their non-citizen fiancé for a visa, it is possible for another person to act as a joint sponsor. The joint sponsor must meet all the financial requirements independently and be a U.S. citizen or lawful permanent... View More
I will be studying in a graduate program in the US starting September 2023. I am a Canadian citizen.
My graduate program has full time and part time options. Currently I have the F1 visa and am enrolled in the full time option.
At the same time, I would like to work for financial... View More
answered on Sep 3, 2023
Changing from an F-1 to a TN visa while within the U.S. is possible through filing a change of status application with U.S. Citizenship and Immigration Services (USCIS) using Form I-129. However, this process can take several months, and you would not be able to start work until the change of... View More
I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for... View More
answered on May 16, 2023
Advance Parole (AP) under DACA is typically granted for specific reasons, such as education, employment, or humanitarian purposes. While a self-led language immersion trip may not fit the typical categories, it may still be possible to make a case for AP if you can demonstrate valid reasons and... View More
I've been studying Portuguese using professional development funds at work to gain fluency and provide support in any work we may do in Brazil. I want to do an immersive program but my pro dev funds would only cover the Advance Parole fee. Can I make a case for this if my employer vouches for... View More
answered on May 2, 2023
As it would not be an official program, I do not think that would satisfy the educational purposes requirement. Also, if it is a private tutor, you would have to explain why you could not work with a tutor in the United States or work with that tutor in Brazil via zoom etc. You likely need to find... View More
Hi, dear experts!
I am a Cameroon passport holder, and I entered the US with a B1 visa and then overstayed it because of circumstances I couldn't control. I was in the US illegally for approximately six months when my country became eligible for TPS. I applied for and received TPS, an... View More
answered on Feb 26, 2023
It is possible that your past overstay in the US could affect your eligibility for a G-4 visa. G-4 visas are typically issued to employees of international organizations, such as the United Nations, who are coming to work in the US. In order to be eligible for a G-4 visa, you will need to... View More
answered on Sep 19, 2024
To apply for a 212 waiver after a past drug trafficking offense, you need to demonstrate extreme hardship to a U.S. citizen or lawful permanent resident family member. With seven children and a fiancé, it’s important to gather strong evidence showing how your removal would negatively impact... View More
I’m not an attorney
answered on Oct 18, 2022
Even generally, providing any immigration advice without a valid law licence will constitute an unlawful law practice. I would be very apprehensive to do that.
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