Get free answers to your Immigration Law legal questions from lawyers in your area.
I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is... View More 
answered on Aug 10, 2020
Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.
I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon... View More
answered on Aug 3, 2020
You are a USC by birth. You do not need ESTA and you are not qualified for ESTA. Renew your passport and travel with your Birth Certificate.
i was sent a denial notice for i485 which i sent a withdrawer notice for before filling a new case which is pending, do i need to reply the denial case
Does the first case has anything to to again or do I have to file a case to cancel the first one
answered on Jul 13, 2020
You need to dismiss the first case and you and your wife file a new case. Pursuant to your new application/petition you will need to file documentation to support the legitimacy of the first marriage as well as the second.
When I file an immigration petition for my brother in 2007 as an American citizen than my nephew was 15 years old. Now when I got the petition approved recently my nephew is 28 years old and single. Is he still going to be qualified to get an immigration visa with my brother?
How long is... View More
answered on May 24, 2020
The sibling petition that you filed on behalf of your brother will not yield an immigrant visa for at least 13 to 22 years depending on the country of origin. With that in mind, your nephew may “age out” by the time the immigrant visa becomes available.
I just got the approval letter from the National Visa Center for my sibling's immigration visa.whic was applied about 13 years ago. They have asked to bring the original documents at the interview in the embassy. Since it was done 13 years ago I am not able to find the original or the copy of... View More
answered on May 6, 2020
You can contact the NVC with these questions and they should be able to assist you. Generally, they will not have access to the items you sent to the NVC at the embassy. If the original documents are items that you can obtain new ones of, I recommend doing that. For example, request new birth... View More
I have been made aware that I should have filed my tax returns as married separately instead of single and it could affect my husband’s immigration process. He is living in Mexico and has never been to the U.S. How should I go about making an amend and what info do I need to provide on the form... View More
answered on Apr 27, 2020
You are advised to ensure you status is accurate. If subsequent to the fling you were made aware of an error, you should amend the return as soon as possible with explanation of an “inadvertent mistake”. I hope this helps. Good luck. Zaher Fallahi, Esq, CPA (CA &D.C.).
Disclaimer:... View More
I am a U.S citizen who is trying to get my husband a green card, We got married in 2017 and I have always filed my taxes single since then because I was told by the accountant that I didn’t need to do anything different since my husband did not live with me. Is this going to affect my husbands... View More
answered on Apr 27, 2020
If you are married, you should be filing your federal tax returns as “married” and not as “single”. USCIS or the U.S. consulate can take the position that you are not in fact married based on your filed federal tax returns. Keep in mind that you will have to present your last tax return... View More
One of my very close friends (him - a US citizen) married an engineer (her) residing in Vancouver. She has a course case involving a family financial dispute (between her and her mother) that was settled in the court and she paid all financial obligations. He is about to sponsor her on a spouse... View More
answered on Apr 26, 2020
A financial dispute resulting in a civil court settlement between two family members ( mother and daughter) will not disqualify the daughter from obtaining an immigrant visa based on an immediate relative petition filed by a U.S. citizen spouse.
can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?
answered on Apr 23, 2020
If (1) you are a U.S.citizen and (2) your spouse lawfully entered the U.S. and (3) she is not otherwise inadmissible then the adjustment of status request can be made with USCIS.
Keep in mind that the adjustment of status filing may trigger a finding of preconceived intent if filed... View More
can I file for EAD, AParole and I 485 concurrently if she is in USA on her tourist visa ?
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answered on Apr 23, 2020
You should post this question in the immigration section.
My wife filed petition for her parents and now we are working on affidavit of support but she is out of work because of coronavirus and she will be getting unemployment checks up until her daycare reopen so my question is would it disqualify her for filing affidavit of support because of getting... View More
answered on Apr 3, 2020
I recommend holding off on filing the affidavit until after the daycare reopens.
All the documents requested from me are ready but I only have a photocopy of the RFE,will that be accepted by USCIS?
answered on Feb 20, 2020
You can forward a proper and complete response to USCIS with a copy of the RFE and the support documents that are requested by USCIS.
I haven't went to court to obtain rights to my daughter.. Can she take my daughter with her if I tell her I'm not okay with her taking my daughter??
answered on Feb 17, 2020
More information is needed before an accurate answer can be provided. Have you legitimated? Is there a visitation agreement/schedule? It is best to contact an attorney who can assist you with the specifics of your case.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
My partner and I want to be together in the United States where I live but we don’t know what’s the best choice for us. To get married in Mexico and apply for the spouse visa or wait and do the fiancé visa.
answered on Feb 13, 2020
As a general rule, a spousal visa takes about 2-3 months longer than a fiance visa. Feel free to contact us if you'd like more information to make the best choice for you and your fiance.
Unfortunately my partner has not been filing his tax, we file married but separate. My partner cannot even find his 2018/2017 w-2s for us to file now and make payment. He only just got his 2019 w-2, so that is all I have. But he has also giving me a hard time to locate his w-2s for the rfe. I have... View More
answered on Feb 12, 2020
You will need to respond to the RFE and show that you have complied with your obligation of filing a federal tax return during the time that you have been a U.S. resident. If you were employed in the U.S. prior to receiving your resident status , you also must file federal tax returns for those... View More
I had an approved I-140 from a past US employer. Now when my PD is close to becoming current, I want to explore the possibility of switching to H1-B and porting the PD
answered on Jan 28, 2020
The I-140 must have ben approved at least 180 days ago in order to port the priority date. The new employer must go through the entire EB process of course before you can adjust, even though the PD may be current.
I am an F1 student pursuing an undergraduate degree in business management at Georgia Tech. Due to unstable mental health, I was academically dismissed and SEVIS was terminated on August 27. I later petitioned to the Faculty, and the dismissal was revoked on medical grounds on December 12. So now I... View More
answered on Jan 21, 2020
Ideally it will be received by USCIS no later than the 27th. You should send anything to explain why your status should be extended/reinstated, so it is probably a good idea to include the Petition.
My husband is trying to get his citizenship but has a domestic charge from 2009 (I was the victim) and possession (less than 5g) from 2013. We tried to go through a lawyer previously who scammed us of our money. He applied for citizenship prior to us being married but was denied. What can we do?... View More
answered on Jan 21, 2020
A domestic violence conviction can negatively affect a citizenship application, but to know for sure if it requires knowledge of the statute under which he was convicted.
Also, the possession issue is serious unless the substance was marijuana for personal use.
We understand that... View More
Hi, Ive had this question for a long time. My mother is a Mexican immigrant . She came here over 20 years ago and had me. My father is legal but they didnt work out. My mom has been dating someone else for the longest time now, around 6 years and Im curious to know if she can get married, if she... View More
answered on Jan 2, 2020
Did your mother enter the US legally with a visa? Is her boyfriend an American citizen?
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