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If I qualify for the new TPS re-designation for Venezuela that states you can apply for that benefit if your entry was before July 31st 2023, it was already announced on DHS page, but on USCIS still appears Continuous Residence in U.S. Since: March 8, 2021, can I apply since now or should I wait... View More 
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answered on Sep 24, 2023
If the Department of Homeland Security (DHS) has officially announced the re-designation for TPS for Venezuela with a new entry date, then that is the controlling policy. However, given that the USCIS page has not been updated, it's prudent to wait for the USCIS to reflect this change to... View More
I applied for a marriage license in Florida, but I never got married and I never returned the license to the court, but the license status is listed as "NOT RETURNED." Does this have any legal effect? I would like to know if this marriage is legalized
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answered on Sep 24, 2023
In Florida, merely obtaining a marriage license does not mean you are legally married. For a marriage to be valid, the ceremony must be performed by an authorized person and the completed license must be returned to the issuing clerk for recording. If the license was never returned and no ceremony... View More
I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st... View More
answered on Sep 19, 2023
Consider scheduling a consultation with a competent and experienced immigration attorney who can view the documents. Many attorneys offer online video consultations. You should note that when using assets to make up for insufficient income, it is not a straight formula where, for example, if you... View More
I added my parents, my wife and child and me as 5 household in i-864 for my wives sponsorship. My daughter is an abroad born American Citizen with US passport, I added her as a dependent on the i-864. By adding her as a dependent, the household size is 5, Do i need to add her to that i-864, 1st... View More
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answered on Sep 21, 2023
If your child is a U.S. citizen and already has a U.S. passport, you generally would not need to include her as a dependent on the Form I-864 for your wife's sponsorship, as she is not seeking an immigrant visa. However, regarding your parents' Form I-864A, the inclusion of your little... View More
He has been working here in the USA for 10 years paying taxes and has a Social security card. Will that help him be able to sponsor himself?
answered on Sep 17, 2023
Section 8 is considered a means tested public benefit and cannot be counted towards the minimum income level required on the affidavit of support form. Your husband’s income cannot be counted unless he has permission to work. If you cannot qualify to be his financial sponsor due to insufficient... View More
He has been working here in the USA for 10 years paying taxes and has a Social security card. Will that help him be able to sponsor himself?
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answered on Sep 21, 2023
Section 8 housing eligibility is primarily based on the income of the household seeking assistance. If your income does not meet the eligibility criteria, it's unlikely that your husband can sponsor himself on Section 8 housing solely based on his own income and tax contributions. However, he... View More
I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More
answered on Sep 6, 2023
The decision of whether to file for divorce first or pursue a VAWA (Violence Against Women Act) self-petition for a green card depends on your individual circumstances and the facts of your case. It's essential to consider various factors before making a decision, and it's advisable to... View More
I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More
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answered on Sep 7, 2023
I'm sorry to hear that you're experiencing this. When it comes to filing for a green card under the Violence Against Women Act (VAWA) versus filing for divorce, it can often be a strategic choice. In many cases, it may be advantageous to initiate your VAWA self-petition before filing for... View More
On my Notice to Appear it says that I have to appear before an immigration judge at an address, but it says "on a date to be, set at a time to be...."
I checked the court system and it shows as if there is no case with my A#. It has already been more than 6 months since I arrived.
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answered on Sep 3, 2023
If you received a Notice to Appear but your A# does not show up in the court system, it's a complicated situation that needs to be addressed carefully. Generally speaking, if you're in removal proceedings, your I-589 should be filed with the Executive Office for Immigration Review (EOIR).... View More
Does the minor need to travel with a legal guardian if both parents are living in the United States or are they able to travel with a relative who has a visa to enter the USA and bring them to the parents?
Obtaining legal guardianship in Nicaragua takes up to 150 days and there is no... View More
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answered on Sep 3, 2023
For Humanitarian Parole under U.S. immigration law, a minor does not necessarily need to travel with a legal guardian, but the U.S. authorities will typically want assurance that the minor will be safely cared for upon arrival. A relative with a valid visa could potentially accompany the minor, but... View More
I obtained a FOIA for my mother's file, but most documents are blank. Based on what I found, my mother's mother sought permanent residency for my mom when she was a minor in March 1983. They were granted permanent residence but failed to go to the interview/complete process. Three months... View More
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answered on Sep 3, 2023
Your mother's situation is complicated and involves both immigration law and criminal law elements. An I-212 waiver could potentially allow her to reapply for admission after being deported, but whether she qualifies as a citizen because her mother was naturalized before she turned 18 would... View More
My Mother is seeking visitation to the U.S., Is an I-212 waiver the best approach?
I obtained a FOIA for my mother's file, but most documents are blank. Based on what I found, my mother's mother sought permanent residency for my mom when she was a minor in March 1983. They were... View More
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answered on Sep 3, 2023
Your mother's situation is complicated and involves both immigration law and criminal law elements. An I-212 waiver could potentially allow her to reapply for admission after being deported, but whether she qualifies as a citizen because her mother was naturalized before she turned 18 would... View More
I checked the last guidance from USCI and ICE and it says work remotely in OPT is allowed but it doesn’t specify if it’s outside or inside the US
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answered on Aug 21, 2023
As an F-1 student on Optional Practical Training (OPT), working remotely for a US-based company during your OPT period is generally permitted according to the guidance from USCIS and ICE. However, the guidance doesn't explicitly clarify whether remote work can be conducted outside the US. To... View More
I checked the last guidance from USCI and ICE and it says work remotely in OPT is allowed but it doesn’t specify if it’s outside or inside the US
answered on Aug 21, 2023
When you are outside the US, you technically don't need an OPT EAD to work for a US based company
I'm wondering if staying out of the usa for roughly 4 months or more may jeopardize my pr card and have it revoked. I'm planning to work remotely and still work as an American.
answered on Aug 20, 2023
Section 101(a)(13)(C)(ii) of the Immigration and Nationality Act (INA) permits a U.S. Customs & Border Protection (CBP) officer to accuse a U.S. legal permanent resident returning from a trip that has lasted continuously for longer than 180 days abroad as having abandoned his or her lawful... View More
Going on a cruise to Mexico from Florida
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answered on Aug 11, 2023
Using a naturalization certificate to prove your son's immigration status may not be sufficient for certain situations, such as international travel. To prove his lawful permanent resident (green card holder) status, it's generally advisable to have a valid and up-to-date green card.... View More
Arrested on a felony battery charge, bond was set but was recommended defendant remain in County custody until case is resolved. We are working to get charges dismissed. There is an ICE hold, defendant only recently submitted asylum paperwork prior to arrest. Will ICE still detain defendant if he... View More
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answered on Aug 7, 2023
Possibly. Whether ICE will detain depends on his immigration status, the reason for the ICE hold, and the specific circumstances of the case. It's essential to consult with an immigration attorney to understand the situation better and get accurate advice. You don't need a conviction to... View More
answered on Aug 2, 2023
The denial of a naturalization application in and of itself does not result in the cancellation of one's permanent resident status. Often, in the adjudication of a naturalization application USCIS may learn of issues that make one deportable but that do not implicate that the permanent... View More
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answered on Aug 6, 2023
You can ascertain the status of your green card by contacting the U.S. Citizenship and Immigration Services (USCIS) directly, either through their customer service hotline or by making an appointment with a local USCIS field office. You may also access your case status online through the USCIS... View More
Applied for change of status and got my green card in April 22, 2022. How long do I have to wait until I can apply for citizenship?
is the time retroactive since I married?
answered on Jul 18, 2023
A lawful permanent resident who has been living in marital union with a United States citizen for at least the past 3 years, may apply for naturalization after having their green card for 3-years, and USCIS allows applicants to file the application 90-days early, assuming all other requirements are... View More
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