he was in prison for 4 years 25 years ago & he was deported then came back & he was just arrested for a misdemeanor caused by my uncle & my father was protecting his children & now he’s getting deported back
If he was previously deported and returned illegally then most likely ICE is reinstating the prior removal order and your father would not have the right to see an immigration judge. He would also be subject to what is termed the permanent bar. This bar states that anyone who has been deported...Read more »
I am currently in the US on an H1b visa. I will be marrying a US citizen in the US soon. Can I leave and return to the US after the marriage on my H1b visa without applying for a marriage-based green card? Do I need to inform USCIS of the marriage? My H1b visa stamp will be valid during this time.
Backstory. We filed the form I-130 back in April '19. I was a green holder at that time, my husband is in process of political asylum, waiting for the court date, which is not set yet, so he is in process of removal. So it's almost 3.5 years since we filed i-130 and it's still... Read more »
I’m applying for the N400 form after marrying a US citizen (and obtaining green card through marriage). My husband was born in China but was adopted by US citizen parents. He has a US passport but no naturalization documents. Can he use his adoption papers or US passport to show proof that he is... Read more »
Passport AND adoption documents may be enough to prove citizenship. If it is not, USCIS will send a Request for Evidence and you can do a Freedom of information act (FOIA) request to USCIS for a copy of his naturalization certificate. Best wishes!
The only problem is that I was laid off in January 2022. I’m still looking for a job. Can I still sponsor both my parents without earning an income right now or can any friend/family help sponsor them?
As a U.S. citizen, you can file the FORM I-130 for each of your parents. If your parents lawfully entered the U.S. then the FORM I-485 can also be filed with USCIS. The U.S. citizen petitioner will have to also file the FORM I-864 with the adjustment of status process. If your income is...Read more »
Yes, this happens. It is unclear if your friend may have other issues, where she was already petitioned by another U.S. citizen or green card holder. U.S. citizens are disqualified from petitioning some who did not previously prove that they entered into a good faith relationship with their first...Read more »
In general, you must be lawfully present in the U.S. in order to become a green card holder. If you have been sponsored and approved for an H1-b visa, then Amazon may only need you on a temporary basis, but this is unclear. If you were approved for a USCIS...Read more »
If you already have been approved for lawful permanent resident status while living in the U.S. for at least 3 years as the spouse of a U.S. citizen, then the offense that you were charged with becomes an issue when seeking citizenship by naturalization.
If the first case was denied, the it is possible that the second USC husband is disqualified from filing a form I-130 petition as a matter of law. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the situation before there are any other...Read more »
The form I-140 is used for most forms of employment based immigration. That means that the documentation needed will depend upon the category, but more importantly whether you qualify. Too often, applicants are denied, who lack the qualifications, required certifications and/or verifiable...Read more »
You need to complete the affidavit of support (I-864) and you can use your husband's income in your affidavit BUT he will also have to complete and sign the Household Member Contract (form I-864A). Best wishes!
I filed for K1 visa august 2021 and since USCIS processing times keep increasing , my fiance is planning to go to Canada on a student visa so it will be easy for us to meet each other often. What happens to our i129f process when he move to Canada? He is originally from Sri Lanka.
Your husband may want to return to Sri Lanka for consular processing. It is challenging to transfer consular processing to Canada once the I-129F petition is filed and approved. The time frame for such transfers can prove frustrating to applicants.
I will be getting married October of 2022. I'm on section 8 but I also work. I understand there's a minimum level of eligibility of income to sponsor an immigrant spouse. I may be eligible. I understand I have to petition. Will I be able to sponsor my spouse without loosing my Section 8... Read more »
Means tested benefits can disqualify applicants for immigration. Section 8 Vouchers are an issue. You must earn enough at 125% of the Health and Human Services poverty levels to petition your husband. If you, as the petitioner, accept vouchers, then this can be a challenge upon discovery....Read more »
I'm originally from India. Have been in US for more than 9 years. I live in Illinois. I've been working working for a company in Illinois (say Company A) with an active H1B and an approved i140 (priority date May 2021). I got an offer from a company B in San Francisco. The job can be... Read more »
First, you cannot work for a new employer unless the H1-b application is filed and you have a substantially similar position. That means that employer B seems to be violating the law by insisting that you work one month before it will consider filing what it is supposed to file before you begin...Read more »
I would retain a criminal defense attorney as that crime of moral turpitude will negatively affect your H1B visa and it will be cancelled. The defense counsel once retained could request a hearing and amend that criminal charge to a non CIMT (Crime of Moral Turpitude charge) misdemeanor. Once...Read more »
Hi, can I apply for marriage based green card while having a pending case for a green card ( from a parent) that is expected to take another 3-4 years to complete? Do I need to withdraw from the old one or I should just only mention it in the new application where they ask?
I would wait for getting an approval of lawful permanent residency status, then placing a stamp called I-551 in your foreign national valid passport, or applying for a reentry permit for lawful permanent resident form I-131 before your travel abroad.
It seems as if you filed a joint application for the removal of conditions. That means you and your spouse put the documents in and so now if you file for divorce other documents and information is needed. You should talk immediately with a lawyer to understand all that is needed.
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