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My sister is a lawful permanent resident who has Down syndrome. I am currently in the process of submitting the N-400 application for Naturalization on her behalf. We have obtained the signed N-648 form from her physician. My mother, who serves as my sister's primary caregiver, is willing to... View More 
answered on Jun 17, 2024
When an oath waiver is provided, a legal guardian, surrogate, or designated representative signs on behalf of an applicant who is unable to understand or communicate an understanding of the Oath of Allegiance because of a physical or developmental disability or mental impairment.
Persons... View More
My sister is a lawful permanent resident who has Down syndrome. I am currently in the process of submitting the N-400 application for Naturalization on her behalf. We have obtained the signed N-648 form from her physician. My mother, who serves as my sister's primary caregiver, is willing to... View More
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answered on Jun 13, 2024
In the case of your sister with Down syndrome applying for U.S. citizenship via Form N-400 and requiring a Designated Representative, here are a few key points:
1. Citizenship status of the representative: The Designated Representative does not necessarily need to be a U.S. citizen. A... View More
Had two petty theft first degree misdemeanors, first case was given differed prosecution, the second was one case of three counts, plead no contest to one count, DA agreed to drop or withhold the other two ( not sure if it was withheld or dropped coz the attorney handled it and recommended to take... View More
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answered on Jun 6, 2024
Based on the information provided, your situation is complex, and the outcome of your naturalization application may depend on several factors. Here are a few points to consider:
1. Generally, having a criminal record can make the naturalization process more challenging. However, the... View More
Was released on bond from ICE with conditions - no further arrest. Got arrested for misdemeanor and plead no contest. Have a pending I130 and I485. Will there be a problem during the interview? Or they just keep the bond money? What’s the best and worst case outcomes?
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answered on Jun 6, 2024
I understand this is a stressful and concerning situation. While I can provide some general information, please note that for the most accurate and personalized advice, it's best to consult with an experienced immigration attorney who can review the specifics of your case.
Best case... View More
I have a current EAD under asylum pending category, I applied to renew it under TPS category, I wanna know if I’m elegible for an extension or if I have to reapply again but under the asylum category
answered on Jun 6, 2024
If you have a pending asylum application and your work permit under that category (C8) has not expired, you should apply to renew THAT work permit as soon as possible. I'm guessing your first work permit was valid for two years, but they changed that and now C8 work permits are valid for five... View More
I have a current EAD under asylum pending category, I applied to renew it under TPS category, I wanna know if I’m elegible for an extension or if I have to reapply again but under the asylum category
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answered on Jun 4, 2024
Based on the information you provided, it seems that you currently have an Employment Authorization Document (EAD) based on a pending asylum application. You also mentioned that you applied to renew your EAD under the Temporary Protected Status (TPS) category. To determine your eligibility for an... View More
Would applying for change of status in the US -or- travel back and apply from Canada be the best alternative; related to fees, timing, chances of approval, etc. ?
answered on Jun 3, 2024
Consult with a competent and experienced immigration lawyer. If you have overstayed your status and are not the "immediate relative" of the petitioner in question ("immediate relative" being defined as "spouse of U.S. Citizen", "minor child of U.S. citizen"... View More
Would applying for change of status in the US -or- travel back and apply from Canada be the best alternative; related to fees, timing, chances of approval, etc. ?
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answered on Jun 4, 2024
I would strongly recommend speaking with an experienced immigration attorney to get personalized advice for your specific situation, as the best path forward can vary significantly depending on the details of your case. However, I can provide some general information that may be helpful.... View More
Entered US after inspection on M1, went out of status, got married to USC before receiving NTA, shortly after marriage was detained by CBP and later was released on bond, filed the I130 after being released, and later hired an attorney and they filed the I485 with the EOIR. The I130 and I485 was... View More
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answered on Jun 3, 2024
If you are in removal proceedings and your attorney has already filed the Adjustment of Status (AOS) with the Executive Office for Immigration Review (EOIR), it cannot be filed again with USCIS simultaneously. Typically, once in removal proceedings, jurisdiction over the AOS application transfers... View More
Entered US after inspection on M1, went out of status, got married to USC before receiving NTA, shortly after marriage was detained by CBP and later was released on bond, filed the I130 after being released, and later hired an attorney and they filed the I485 with the EOIR. The I130 and I485 was... View More
answered on Jun 10, 2024
This seems like a pretty complicated case where I would need a bit more detail to have earnest feedback. Entry on M1 first and only entry? Where and how detained by CBP? Were you NTA'd at that time or before? What box is checked on your NTA - Arriving Alien?
What Mr. Arrasmith... View More
A friend of mine has been working on helping her girlfriend immigrate to the US for a while and currently her girlfriends mother in law has a pending I-130 they've been waiting on. The inquiry date for the case keeps getting pushed back 6 months to a year each time it approaches, so they... View More
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answered on May 12, 2024
Filing a K-1 fiancé(e) visa should not directly interfere with a pending I-130 petition, as they are separate processes. However, there are a few considerations to keep in mind:
1. Intent: The K-1 visa requires the couple to marry within 90 days of the foreign fiancé(e) entering the U.S.... View More
I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More
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answered on May 11, 2024
In this situation, it is advisable for your son not to travel for the H4 visa stamping at this time, given the complexity of your pending felony charge. Here are a few reasons why:
1. Dependent visa status: As your son is your dependent on the H4 visa, his visa status is tied to your H1B... View More
I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to... View More
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answered on May 11, 2024
In this situation, it is generally recommended that your dependent child (13 years old on an H4 visa) does not travel for the in-person visa stamping without you, the primary H1B visa holder, especially given your pending felony charge. Here are a few reasons:
1. Visa issuance: The consular... View More
If I file a form i-360 by itself and I check the box “yes” for question 12 of Part 10 that states "I am currently residing in the United States and I request an Employment Authorization document". Would I still have to file an i-765 along with the i-360 to get an EAD or can the EAD be... View More
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answered on May 10, 2024
The Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, does not directly include an application for an Employment Authorization Document (EAD). Checking the box "yes" for question 12 of Part 10 on Form I-360 only indicates that you are requesting an EAD, but it does not... View More
My income was not high enough. She has been at the same job for 5 years. What are our options without a sponsor?
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answered on Apr 29, 2024
Given that you've been married to your Brazilian wife for 6 years and she has been working at the same job for 5 years, you may have a few options for her to obtain legal status in the United States without a sponsor:
1. Employment-Based Green Card: If your wife's employer is... View More
My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More
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answered on Apr 26, 2024
I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:
1. Document everything. Keep records and... View More
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answered on Apr 25, 2024
If you haven't received a response about your U4U I-134A petition for over a year, it's advisable to check the status of your application. You can do this through the official U.S. government immigration website where you submitted the application. Ensure you have your receipt number... View More
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answered on Apr 22, 2024
I'm so sorry to hear about the loss of your father. Dealing with an expired visa after losing a parent must be very difficult. Here are a few suggestions for how to handle your situation:
Contact Immigration, Refugees and Citizenship Canada (IRCC) immediately to explain the... View More
Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.
is that mean I got the green card?
and I didn’t had any interview but I got approved my 130 and I 485
answered on Apr 19, 2024
It is difficult to know what you received without looking at the document. An easy answer to your question is if USCIS asks you to do biometrics, you should show up to your appointment even if you previously did biometrics. It could be that they need to do redo your biometrics or that they issued... View More
Hello I have received notice of i485 approve. But It mentioned I have to do biomatrics and photo again. I already did this step last year.
is that mean I got the green card?
and I didn’t had any interview but I got approved my 130 and I 485
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answered on Apr 19, 2024
Congratulations on receiving the approval notice for your Form I-485 (Application to Register Permanent Residence or Adjust Status)! However, the requirement to submit biometrics and a photo again is a bit unusual if you have already completed this step.
Typically, once your I-485 is... View More
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