Get free answers to your Immigration Law legal questions from lawyers in your area.
Does minor need a guardian or power of attorney? From Mexico or US ? What is the process ?
answered on Aug 10, 2020
It sounds like minor can claim US Citizenship. You may retain an attorney to prepare the right documents to prove your eligibility.
Born in Brazil, family moved to new york. Has very little new york identification, no birth certificate,.
But has had food stamps in new york.
He is 56. Y/O.
Who can help him get his identification paperwork updated for Florida.
He can not get any food stamps.... View More 
answered on Aug 3, 2020
A little more information is needed to be able to provide a best response. Were his parents U.S. Citizens at the time of his birth abroad? Did he ever have a green card, some type of visa to come to the U.S. or ever apply for a certificate of citizenship or any other immigration benefit with... View More
So would he and his wife be able to get through
answered on Jul 29, 2020
Although the Child Status Protection Act (CSPA) can under certain circumstances protect a derivative beneficiary child from "aging out" of a petition, a derivative beneficiary child who marries cannot, by virtue of being married, remain as a derivative beneficiary on the case. Barring... View More
... my SSN is "valid for work only with DHS authorization" with expiry on 1/13/2020? ... I also have a pending I-485 Application ... will highly appreciate your reply on my query ... thanks
answered on Jul 24, 2020
You may appl;y to renew your EAD 3 months prior to its expiration.
Im currently working in the US under a TN Visa that will expire in September, I read about the new restrictions for applying to H1B and student visas (among others) but there was no mention regarding TN visas. Do the same restrictions apply or since the TN was not listed its safe to assume its not... View More
answered on Jul 15, 2020
Consider scheduling a consultation with a competent immigration attorney. Even if TN is not affected by recent executive orders, border closures (Canada/U.S.) and embassy closures, the latter in particular if you are a Mexican in TN status, may make it wise to seek an extension of your TN status... View More
I filed for annulment/divorce 2.5 years ago and I also withdrew my sponsorship. I am still going through the annulment/divorce so I called the USCIS to see if I am still being considered as a sponsor since I never received any confirmation of my withdrawal. I was informed that the application was... View More
answered on Jul 9, 2020
It means, as the result of your withdrawal, they close the case. Confirmation is not prerequisite to closing of the case.
I have filed i130 in USCIS site as a beneficiary of a green card holder. In my account it shows that: "Your benefit request has been accepted and is under review." I am wondering whether I am able to file I485 now? If not, when can I do that? How can I be informed about approval of my... View More
answered on Jul 7, 2020
Currently an immigrant visa is immediately available to the spouse of an LPR so yes you can file the I-485 and request it be jointed to the I-130. Your I-130 is not approved it is only accepted for consideration.
I am unmarried 30 years old. Me parents became citizens of the US. Now I am in the US, waiting for interview, because I have pending asylum case. As I understand, my parents can fill Form I-130, Petition for Alien Relative. But am I qualify for Adjustment of Status? Should my parents fill Form... View More
answered on Jun 28, 2020
Answer 1: Not necessarily. Answer 2: Probably not, but more information is needed. It may be in your best interest for your parents to file a form I-130 as soon as possible, but more information is needed!
It is not what you believe. You are subject to visa quotas. The Family first... View More
What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?
answered on Jun 27, 2020
Your U.S. citizen parent can file the FORM I-130, relative petition, on your behalf with USCIS. The filing of the relative petition will not affect the asylum request nor the employment authorization that has been issued to you. The relative petition will also provide you with another option in... View More
Will issues arrive if I accept employment abroad as she has been a LPR for roughly 1 year? What measures can be taken to avoid issues with an 'interruption' of her permanent residency in the U.S. if I choose to accept employment and we legally live outside of the country?
answered on Jun 25, 2020
The short answer to your question is "possibly." However, there may be measures you can take to protect her status as a lawful permanent resident, such as filing for a reentry permit. For whom you work abroad may also open up options for her, including naturalization (if that is... View More
My mom passed away in Jamaica. Can I travel to Jamaica?
answered on Jun 22, 2020
You need to have an immigration lawyer evaluate the disposition in your criminal case to determine whether it constitutes a ground of inadmissibility under Immigration & Nationality Act (INA) § 212. You would not likely experience a problem leaving the United States, but upon reentry,... View More
My husband has been a permanent resident for over 5 years and on the 7th year of our marriage we filed his application application for citizenship. Is it ok for us to get divorced now before he has gotten his fingerprints/exam/swearing in?
answered on Jun 16, 2020
If you file for divorce before the oath ceremony at this point, questions of good faith marriage could arise. In addition, the application could be delayed if the divorce isn’t finalized before the interview or the oath ceremony.
I just turned 18. I’m applying to college and I just got a job at McDonald’s. I have no other family in this country except my dad who threatens to kick me out . I don’t know much about how to live In this country . I’m still new to this country. I have no where to go and no one to help me... View More
answered on Jun 8, 2020
Please talk to someone you know in your community, perhaps the manager at the McDonalds where you work--or the guidance counsellors at the college you are applying for--or Google "Mental health Help Line" and look for a mental health organization in in the Winter haven area. Do not wait... View More
Do I have to be his financial guardian? Meaning, when I sign his paperwork, am I pledging to be his financial guardian?
answered on Jun 4, 2020
The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner (you would be the petitioner for your husband) to obtain an immigrant visa or adjustment of status:
All immediate relatives of U.S. citizens which include spouses who... View More
She’s here on a tourist visa which expires next August. would it be too risky to get married and apply for the adjustment of status right away within this short time? I have to mention as well that I was previously married and filed for adjustment of status for my ex wife (which went on... View More
answered on Jun 2, 2020
Sounds like you should consult with an experiemnced immigration attorney before you proceed.
So I’m trying to get married to my girlfriend. She’s in the uk and im in the us. I know how the immigrant marriage visa process works to get her here. But how do I get married to her in the first place if you’re not allowed to marry on a tourist visa?(as this can ban her from the us... View More
answered on May 27, 2020
First and foremost, congratulations! Next, it is a common misconception that one cannot marry in the United States while here on visitor status. One can do so while in visitor status as long as the person does not have the intent at the time of marrying in the U.S. to thereafter pursue adjustment... View More
I own a company offshore and am interested in moving to the U.S. I match all requirements but am stuck in the "substantial investment area".
I acknowledge that it may vary based on your sector of investment, but some law firms claim that a simple investment for an office may be... View More
answered on May 24, 2020
You may be referring to an E-2 and not the L-1A.
As to the “substantial amount “ to be invested please note the following:
“ A substantial amount of capital is:
Substantial in relationship to the total cost of either purchasing an established enterprise or... View More
But there is a possibility my J1 will be canceled since my Internship is in hospitality and no one knows when will hotel by re-open. What will happened if they will cancel my J1 but I will be in a process of changing? Can I stay here LEGALLY because I’m already in the process?
answered on May 6, 2020
If you have received a stipend, then you may prove that you remain in status. If you are unable to prove that you remain in status, your change of status request can be denied. This denial will likely make it more difficult to seek a new visa from a consulate or embassy in the future.
I... View More
What are the new law’s
answered on May 5, 2020
You are disqualified from filing and getting a green card for immigration while ‘in the United States’ if you used a C1/D1. You must consular process.
If you have overstayed the I-94 entry time, then this can create a 3 year, 10 year, or even permanent bar on lawful immigration without... View More
I need to extend my B2 Visa (using form I-539) because international borders are closed and I cannot fly-out of USA due to COVID-19 situation. Do I really need to pay the $450 fee even though it's a special situation that's out of my control or can I use the I-912 Fee Waiver? I don't... View More
answered on May 5, 2020
That is not one of the forms for which one can file a request for a fee waiver.
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.
