I'm a naturalized us citizen. I had a child in November 2015, who was living in the States with me when I naturalized in March 2017. Because of unforeseen circumstances, he & I had to leave the US soon after I naturalized. Because my husband was not present in the US, nor could he get an... Read more »
Your son is likely already a citizen. He derived it through you when you became a citizen yourself. Proof that he is your son, that you are a citizen, and proof that he obtained permanent residency should be sufficient for him to get a US passport.
I have an approved I-140 petition and a valid tourist visa. How can I travel to the US temporarily to take CPA exams, and take care of my affairs while I'm there. I intend to return but I also understand that a CBP officer can and will question my intent so how do I convince the officer that I will... Read more »
As with any nonimmigrant visa, the requirement is that you show intent to leave at the end of your authorized stay. Certainly the fact that you entered and left according to the terms of your visa will help, but you have to show other connections—work, school, family, assets/property, etc. Take...Read more »
My husband and I have the Green card which we obtained in April 2017 and will expire in 2027. I cannot leave Jordan right now and live permanently in the US because I have a mother with Alzheimer's back home whom I'm taking care of. We came to the States in April 2017 and again in October 2017.... Read more »
Any trip outside the US every six months is a break of continuous presence. In addition, you must show be physically present in the US for at least half of the 5 years prior to applying for citizenship.
Even if you obey these rules, you run the risk of losing your permanent residency by...Read more »
I am considering coming to the US on a L1 visa now, my company agreed to sponsor me. My son is almost 20, is there enough time for him to come over on a L2? He is currently on a F visa studying at University in Pennsylvania. So what I mean is does he have to be 21 at the time of filing for L visa,... Read more »
My daughter and I were denied B2 visa last year when we tried to visit my son in the US (who goes to college here). My company is now sponsoring my L visa, would be past B2 visa denial be a problem for me to get my L visa or for my daughter getting her L2 visa? I work for one of the largest... Read more »
What are you studying? How long is the course? Is this your first time studying in the U.S.? How old are you? - All these information are missing. I suggest you talk to your school DSO to find out if there are options for you to do that.
As long as your green card is not expired and it won't expire while you're in Canada along with a valid passport, you should be able to travel. I suggest you submit to renew your green card as soon as possible.
Can I leave USA while my case for OPT card is pending? I plan to come back with G4 and then leave again within 3 months and enter USA with OPT card to undertake employment. This seems complicated but is it legal? Thank you.
It takes 90-100 days for EAD to be issued. Was the EAD filed with advance parole? Do you have a pending green card application? You can always depart and re-enter on G visa; this departure and re-entry will not directly result in a denial. However, it is never advisable for you to travel while a...Read more »
Due to financial problems, I dropped out of college and worked as a programmer for a couple of local companies. Papers did not matter to them because I had a fair bit of self-taught skills they needed. I have been outsourced by a US company five years ago and I have been working for them ever... Read more »
Have you maintained lawful status at all times? If you were on F-1, then let it lapse, and worked for 5 years without authorization, you have a problem. Having an employer file your H-1B now without addressing unlawful presence could land you in Immigration Court. Seek the advice of counsel.
I had H1b visa for four years and got laid off. I switched to B2 visa. I got a new job but my B2 expired April 10. The whole time I thought I was waiting on my H1b transfer and so I never applied for my B2 extension. I found out yesterday that the lawyer is waiting for the Labor Certification to... Read more »
LEGALLY, she will accrue unlawful presence since you will not be working for the H-1B employer. However, since it is less than 6 months of unlawful presence, if she departs she will not trigger the 3 -year bar. It is never good to accrue unlawful presence.
Even if your current employer decides to withdraw the approved I-140, you can retain the priority date when you move to new employer unless it is revoked by USCIS or DOL for Fraud or misrepresentation. All the best.
15 years of successful immigration law experience. The answer above is...Read more »
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