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Can I apply to AOS on regards of winning DV Lottery 2021 and my number being current starting June 1st 2021 when I entered as a tourist and now my status is Asylum Pending (which is not a status)? I was 3 months and a half without a status before I applied to political asylum. I will apply this... View More 
answered on May 27, 2021
You can because when your asylum is pending your unauthorized stay is not occurred. You should hire an attorney to help you to avoid miscommunication.
My husband and I currently live in Florida. He is here with a work visa and I’m with a spouse visa and we’re in the process of getting our green card but we do not have it yet. Can we file for a divorce in Florida? Or do we have to file in our country where the marriage took place?
answered on May 26, 2021
You ask a very good question. So long as you have been a Florida resident for at least 6 months, you can file for divorce in Florida. Good luck!
I am a US citizen and we are planning to get married soon. She is Japanese and will be. Oming to visit in July, we talked about the viability of getting married while she’s here but we want to know if she specifically needs a fiance visa to enter and get married. We’re planning a trip back to... View More
answered on May 20, 2021
Hello. You run the risk of her being accused of entering with the sole intent of getting married when you petition for her. The customs and border officer will ask her the purpose of her visit when she comes on the tourist visa/visa waiver. The answer will be recorded and stored. The fiance visa is... View More
My fiance is a US citizen and we getting married soon. I came to the US 18months ago with a Visa Waiver Program. Will it be possible to change my status? How long does it take?
answered on May 14, 2021
I do not think you can adjust your status if you entered via Visa Waiver Program. You will have to go through consulting proceeding to receive your permanent residence status after your I-130 is approved.
I never received the letter and NVC terminated the case. My brother has been in the US since 1990 and does not need a visa. But the application for adjustment of status says he needs to attach a copy of approval letter to his I-485 application.
answered on May 13, 2021
Follow the instructions provided you. You may obtain a copy of the approval letter by filing a FOIA.
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answered on May 10, 2021
This is mostly an immigration question. In terms of the family law aspects of same, seeking emancipation is not a given at age sixteen. There is strict criteria and it is very difficult for a court to emancipate a child under the age of eighteen. If you have an immigration attorney, please... View More
Now that he is a widower and had been divorced from my mom for our 30 years, do I still have to show proof of marriage to my mom, divorce from my mom, marriage to his deceased wife, and her death certificate? Please let me know which applies and which does not apply. Thank you
answered on May 10, 2021
You should fill out I-130 and answer all of the questions pertinent to your Dad's marriage truthfully. Your Mom's death certificate is not required as initial supporting document.
I'm a US citizen. I've submitted an I-485 adjustment of status family-based for my wife on August 11, 2020. We've got the I-797C notifying me that process is in course at the National Benefits Center. I haven't heard from USCIS since then. We haven't even gotten the... View More
answered on May 7, 2021
Adjustment of Status through a spouse is taking longer than normal since COVID. This is because many offices closed for a while resulting in backlogs.
If your wife has been previously fingerprinted by the USCIS, she may not receive a bio appointment and they are using her previously take... View More
I want to know if my sponsor will become responsible if I get unemployment checks I got the affidavit a little over 2 years
answered on May 4, 2021
No. Unemployment benefits are not considered public charge as they are considered to be earned benefits through the person’s employment. Best wishes!
My wife wants a divorce and possibly report me to uscis like she did before when we were together(she sent an email to uscis that she thought I was with her just for the green card which is not true). She wants me to leave our house and me to remove all my belongings and is threatening me with... View More
answered on Apr 30, 2021
Sorry to hear about all this. You need to talk with an immigration lawyer urgently and you also need to talk with a family lawyer since you shay she is talking about a divorce and you have shared assets as well as a child.
You need to be careful because you do not want a criminal court case... View More
My father is citizen and I am a resident. He was a citizen before I was 18 and I got my green card 12 days after I turned 18.
answered on Apr 28, 2021
If your spouse is a foreign national and does not have (a) an employment authorization document or (b) a status that allows employment then you must indicate in the FORM I-485 that the self-employment was without authorization.
I have a daughter that is 20 that is my preparer and translator. She is trying to help me get an EAD. I had one but it expired in 2007. I came to the USA legally with a visa in 2002. My EAD was in c09 status. All my documents have expired. My passport/visa. Parole paper, EAD. Also I’m here in... View More
answered on Apr 22, 2021
More information is needed. If your EAD was based upon c(09) status, then it was due to a pending adjustment of status at that time. However, you never adjusted status. We need more information on what took place around 2007 that prevented you from becoming a lawful permanent resident before... View More
Ive already submitted the I-130, change of status form. It is still being reviewed according to USCIS. I would like to know if i can go ahead and submit the next form, the I-485, while still waiting for the response from the first form. I want to save some waiting time as ive been here two years... View More
answered on Apr 15, 2021
I'm sorry to hear that your attorney let you down. I would recommend you at least do a free consultation with another attorney to make sure you haven't been poorly advised by this previous attorney. You could then also confirm that it is ok to file for Adjustment of Status (I-485 and... View More
Hi, My brother is my only household member. We are signing form i864a and I need his income to add up on my income so that we meet the requirements for sponsoring my husband. Both of our incomes combined add up to 42000$ annually, which is sufficient for 3 or more household members. BUT We BOTH... View More
answered on Apr 15, 2021
Your question doesn't state whether you are applying for Adjustment of Status in the US or Consular processing. If you are doing consular processing, NVC will let you know through a CEAC message if they think that based on the evidence you submitted whether you and your brother do not qualify... View More
i, the sponsor and household member have a combined income to meet the minimum required amount to sponsor a relative but both of us weren't required to file taxes since i started a job late December 2020 with first paycheck in January while the household member started a job in November and... View More
answered on Apr 14, 2021
If you are just starting your sponsoring process then it will be months before you get to NVC level so you will hopefully have more evidence of stable income and employment by then. If you are at NVC level now and submit what you have, NVC will let you know whether they think you and your household... View More
Based in FL
answered on Apr 7, 2021
It is up to the health insurance provider whether they will accept an ITIN number instead of SSN. Some do, others don't. If you are an immigrant, be careful about getting benefits that may cause you to be considered a "public charge".... View More
My question is if I got denied from 3rd country embassy (overstated my visa for about 140 days before I applied for asylum) how can I go back to US. What is the best way to protect me and my family. I have no serious reason to apply advance parole. Do USCIS approve advance parole to get interview... View More
answered on Mar 31, 2021
Hello,
It seems that since you arrived in the US, you have been proactive in finding ways to remain in the US with your family legally. Your inquiry poses multiple immigration issues that need to be addressed by scheduling a meeting with an experienced immigration attorney. I invite you... View More
Hi. I applied for US Permanent Resident in October 2019 and I received the card in April 2020. I am a relative of a US citizen. If someone wants to pay me for a voluntary work i did in January 2020, will that be considered illegal? what are the exceptions USCIS provides? Thanks
answered on Mar 18, 2021
The question poses two issues: unpaid wages by an employer (regardless of immigration status), which I won't discuss, and the impact of work without authorization on a family-based petition. I will assume that you were granted lawful permanent resident status through marriage to a US citizen... View More
His mother had protect status when she brought him in, but did not help her children with immigration. He has a misdemeanor for marijuana from 10 years ago, but has been clean and remained out of trouble since. We've been together for 5 years and want to start a family, but we're told... View More
answered on Mar 15, 2021
This is not a question that can easily be answered through this forum because many facts have to be taken into consideration. I recommend doing an in-depth consultation with an experienced immigration attorney who handles Family based immigration AND Deportation/Removal defense. Best wishes!
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