I'm a green card holder(obtain in 2018) and my husband is out of status. He's been brought to the USA as a minor and when he turned 21 his status expierd. If we apply for a green card for him, would he have to leave the country to be able to adjust his status? If he leaves he will get banned for... Read more »
Your case has a number of different aspects that have to be addressed. First, you should know that marriage to a green card holder does not forgive the unlawful presence that your husband has already accrued, and will not protect him from accruing more unlawful presence. (This means that marrying...Read more »
I had my citizenship interview yesterday and they told me that they will email me the answer. I came here through my wife. She is a citizen. We got married about 13 years ago. But is been 4 years we don’t live together and we don’t have kids. I already have a girlfriend and I’m living with... Read more »
It depends. How long have you been a resident? If you applied for citizenship more than 5 years after becoming a resident, then no. If it was less than 3, then possibly, because in order to be able to apply for citizenship based on marriage to a USC after three years you have to show that you were...Read more »
I am a US resident and have lived in the US since 1980. Only my father became Naturalized he passed in 2011. My mother has not become Naturalized. How do I know if I am eligible for the Acquisition of Citizenship?
I am Indian citizen working in the US and in a situation where my H-1B maxes out (6 yrs) in a month and my PERM ETA 9089 (within category EB2, with a huge backlog for green cards) is being sent out now. My company is multi-national, and they are offering to promote me to a managerial position in... Read more »
Not necessarily. You will have to show that you intend to return to India at the end of temporary travel to and stay in the US, and the fact that you applied for an immigrant visa in the past might make that more difficult (your intentions will be questioned), but the one doesn’t cancel the other...Read more »
I am a U.S. citizen filing a Form I-130 for my wife who resides in India. Both of our native language is Gujarati, but I do not know how to read or write it as I have only attended U.S. schools. So, in Part 4, 57a - 58f, of the Form I-130, what should I write?
Since that is specifically requested, we recommend that you find someone who can put that information in that section for you. Alternatively ask your wife to write it down and send it to you. Then trace it onto the form.
You will need to have a reason for a change of circumstances as to why you didn't file in the first year, otherwise you would only be eligible for withholding of removal. These cases are very difficult and you absolutely should contact an experienced immigration attorney.
Hi I recently came to India back from US for some days and realized that I have to stay longer here due to some issues of my employer with DOL. I was there on H1b. My spouse has a green card and for now I will like to know which other visa can take me back to US as we have our home there. Spouse... Read more »
I have 3 years bachelor degree in computer science and 2 years masters in computer technology from India with 14 years exp. pls let me know which category I fall for filing GC ? I hold H1b currently ..Am I eligible for Eb1 or 2 ?
It will depends on whether your degree is equivalent to Bachelor or Master's degree. Generally, if it is equivalent to Bachelor, then you are eligible for EB3. If it is Master's, you are eligible for EB2. In regards to the EB1, there is a different test that needs to be performed; whether you are...Read more »
my brother on F1 student visa. the intended program was for 2 years. After one semester, he decided to not completing his program. my question, when should he travel abroad? some people told me 30 days others 60 days after the last day of his class? I got so confused?
I don't see it as an issue. The green card required you to go to work for the sponsor/employer, but it did not require you to stay indefinitely. Since it takes about 5 years as an LPR to become eligible for naturalization, and you say you've worked the past "couple years" (2-3), it sounds like...Read more »
I filled for naturalization (am married to us citizen for 3 years) using form N400. My children were under 18 when they came to USA but are over 18 now. How do I file for their naturalization? What form should I use? They are both permanent residents. The attorney I used sent a email stating the... Read more »
No, the visa quotas are extremely low given the number of applicants being petitioned. In addition, you are disqualified as a derivative child applicant, because you are now significantly over 21 years of age. There may be other options, but I strongly recommend an appointment or teleconference...Read more »
I am an F1 student. Currently on OPT. In April 2018, I have applied to H1B with two companies at a time. Let’s call them company A and B. In the lottary process, both companies has been selected. Currently both of the petitions are in pending process. The company A has received an RFE, and... Read more »
The only issue we see is that if the petition for A is approved 1st you will need to decide what you are going to do relative to B. If the petition for B is approved first, then that works in your favor vis-à-vis the green card application, in that it allows you to stay in the US in lawful while...Read more »
Really need a help to back my wife and Kid to US. Me(on H1B) and My wife(was on H4) had very clean record. My wife got caught on a Shoplifting charges from one of the retail store for a theft of items below 50 USD from Ohio state.We hired the criminal defense attorney for her and she attended the... Read more »
Yes, they can apply for H4s. Your wife’s chances for coming back will depend on factors associated with the shoplifting charge. It is something that you’ll want to discuss with an attorney familiar with the impact of crime on immigration.
I’m a US citizen(IL) and my SO is from South Korea. He is in the US with ESTA. Neither of us want to split up but we can’t afford to fly to see each other regularly so we are opting for marriage. We’ve only known each other for about 5 months. We want to have a court house marriage after the... Read more »
There is an assumption that you qualify for an B-600. That may be a big assumption. Assuming you are correct, no, because ‘if’ you can prove to the satisfaction of USCIS that you already derived citizenship, then you are no longer a lawful permanent resident.
Your mother can petition your brother once she is a USC.
It depends on what kind of housing assistance and how long she has been an LPR. Her best source of information would be to talk with housing caseworkers to see what her options are in the area where she lives.
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