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She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?
answered on Oct 6, 2023
If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an
immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to... View More 
Hello,
So we have recently got married my spouse is on B2 Visa and I am a green card holder and also applied for my citizenship and processing time is still 6 months to go. My wife's B2 visa is expiring in the first week of December 2023. I have written in the form i130 that we'll... View More
answered on Oct 5, 2023
Being a beneficiary of an I-130 with intent to adjust status would be an issue in an F1 application as the F1 requires nonimmigrant intent. Work with an immigration attorney to strategize
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
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
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
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'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
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
My wife and I got married in her country and i am a us citizen. We had a baby together while i applied for her i-130. Then i applied for my baby daughter to be citizen. She got her US passport and lives with her mom still. My i-130 for my wife got approved. Now i have to finish the sponsership... View More
answered on Jul 13, 2023
No, you do not need to sponsor your U.S. Citizen daughter. She will be added to the household size calculation, however, on the Form I-864. Consider scheduling a consultation with a competent and experienced immigration attorney if you need assistance completing any necessary forms.
My daughter is an abroad born us citizen. My wife i-130 is approved and now i have to add proof of income sponsership affidavit i-864. Do i have to add my daughter whos us citizen with a us passofg on the i-864 as another person im sponsering with my wife?
answered on Jul 11, 2023
Your question needs further clarification because it is unclear why you are going to sponsor a US citizen (your daughter). If I understand your question correctly, per your statement, your daughter is a UC Citizen and has a US passport. If so, you do not need to sponsor your daughter to enter and... View More
was cited, not arrested for petit thef, i had comunity hours servise in MDP and a course and the court dipo was nolle pros, iam traying to fill the I400 form and i dont know how to answer the criminal questions.
answered on Jul 9, 2023
Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate your criminal case documents. Even if you were not convicted, "when" you were cited/accused of violating the law can be crucial to your prospective naturalization case. USCIS will... View More
If so, may my spouse work once the family immigration application is submitted?
Will my spouse need an ITIN to be able to work?
How is one applied for?
How long does the family immigration process take?
We have 3 children, 19 and under, I’ll be petitioning for.... View More
answered on Jul 9, 2023
You have many questions, all of which could be best answered in the privacy of a consultation with a competent and experienced immigration attorney. An attorney would also want to ask you questions to determine all relevant facts, including when did you become a U.S. Citizen (at birth or at some... View More
My husband and I separated (no divorced) for almost a year last year. He started a relationship with a woman that lasted a few months. After talking and trying to solve our differences, my husband and I decided to get back together and restore the family we once were with our four children. We are... View More
answered on Jun 25, 2023
No, your husband probably can't successfully sue her for this. Report it to law enforcement.
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