The general rule is you can apply for asylum based on sexual orientation if you are being abused in your home country because of your sexual orientation. You would have to prove fear of present persecution based on your sexual orientation and/or the potential of future persecution because of...Read more »
I responded to RFE with a new medical exam within the timeframe, but if he was on the approved list at the time I first got medical exam done is there any action I can take to speed up my case? I had to pay another $500 out of pocket for redoing something I had previously done correctly. The RFE... Read more »
You should have responded with proof of the MD's qualifications. however, since you already went ahead and spent the $500.00 there is nothing you can do. Your case may be placed in it original place in line if you submit the foregoing now.
The 6 month rule is less a rule and more of a guideline. Especially during these times, I certainly would make sure you had information about how COVID and travel restrictions have impacted your ability to be in the US. It will come down to whether you intended to abandon...Read more »
Hi, as of right now, there is no new law regarding long stays outside the U.S.for GC holders. There is no harm in gathering documents regarding your travels. It could come handy when you apply for Naturalization.
Besides, staying outside the U.S for less than 6 months will typically not...Read more »
All the G-5 nanny's under the IDB Bank and their "families", were sent back to their countries, but we were married on 1/19/2019 & filed all the paperwork well before her contract expiration. Biometrics done, temp Real ID done, work permit issued, interview pending but she... Read more »
Can a private school terminate a students SEVIS for nonpayment. A friend of mine who's an international student (F-1) has been having financial issues due to coronavirus, he asked for more time to make the last payment but the school has been threatening him that they would not let him join... Read more »
I voluntarily departure in 2014 for 3 simple possessions of marijuana. I am married with a u.s citizen for 10 years with 3 kids I am wondering is there any waiver to help me out I came right back as soon as I got to my country
This is a public forum, it is not confidential. I recommend you consult with an attorney about this in person. Obviously it is not good. You are stating that someone has engaged in fraud against the government. If discovered that person could be prosecuted and it may affect the immigration status...Read more »
My sister is currently attempting to sponsor my parents in receiving their green cards. My parents are currently on A-2 visas because my dad is employed with the Thai embassy as local staff. They both do not have medical records because rural thailand does not keep track of those very well. I... Read more »
You sister can file the visa petitions at the same time your parents file applications for green cards. Your sister will need to show financial sponsorship, too. Your parents will need to get medical exams, and any doctor qualified to do immigration medicals will be able to give them all of the...Read more »
My spouse's B2 visa got rejected twice (in two different cities, Kolkata & Delhi, in India) while my H1B visa transfer petition was in process to start a new job. Now my H1B visa is approved and stamped, and my spouse will be applying for H4 on my H1B. What are the chances for rejection?... Read more »
A B2 visa rejection would not normally affect the H4 eligibility, but it depends why the B2 was rejected. If you're concerned, I would recommend that your wife speak to an attorney in person before applying, just to make sure there aren't any issues that would prevent her from qualifying.
You will need to meet with an experienced immigration attorney and provide them with a copy of the approval as well as the notice of intent to revoke. You will also have to give them all the information about yourself which will help them to give you the proper advice. Unfortunately, you have not...Read more »
Yes a US citizen can marry a foreigner on a visa. As a general rule, yes the foreign spouse may remain in the US while they are awaiting their adjustment of status to that of lawful permanent resident. In order to make certain that the facts of your case allow this, I suggest that you speak with...Read more »
If my 4 kids are born in the United states can I apply for my residency because of my kids being born here. Or what necessary steps could my husband and I take ? My kids wants to stay here and do not want to go back home . They are all less than 10yrs old.
No. In and of itself, simply having U.S. citizen children does not supply a basis for permanent residency. U.S. citizen children must be 21 years of age to file an immigration petition on behalf of a parent. Even then, that does not guarantee permanent residency, as other requirements must be...Read more »
My mom entered the U.S on a B2 visa almost 6 months ago, her allowed time to stay is 6 months which are going to be completed in 4 days. She is from Venezuela and she is a cancer patient. during her time here she started to feel ill and she was rushed to the hospital. I don't want her to go... Read more »
I am a us citizen, we have met several times. We want to get married soon so we can be together but I am not sure that it is possible since he is illegal. He cannot go back to his country because it is not safe. He has a valid passport. Is it possible to file a k1/get married in France so he can... Read more »
You have more issues than just what country he would interview in. When someone violates the immigration laws of another country, our government expects that they will do the same here. Even if you are qualified in every way, his overstay in France may prevent you from getting any type of visa,...Read more »
I am currently working with a non-profit organization in D.C. on my STEM OPT. My OPT runs out in February and the organization has agreed to sponsor my H1-B. I primarily work in their research division. We missed the the April deadline. Are we eligible for the H1-B cap gap.
A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October...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.