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... View 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... View 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!

In order to use your husband's income he would have to complete and sign the household member's contract (form I-864A). https://www.uscis.gov/i-864a. Best wishes!

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.

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.... View 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... View 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... View More

Yes.

If you are married to a USC and present in the U.S. you may initiate your adjustment of status at once.

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.

OK so I think you are confused by the terms son-in-law and stepson. If you married your stepson’s father prior to the stepson’s 18th birthday, then it is possible that you could Sponsor your stepson for his green card. More facts would be needed to know before a final determination is made.

Draft registration was brought back by President Carter. Those born in 1959 did not have to register.

The USCIS places a 12 month limit per degree level on OPT, but there is no stipulation that the whole 12 months must be used at once. This means that if visa holders do not use their entire 12 month period during their first Master’s degree, however many months they have not used can be applied... View More

More information is needed. Was she denied a B2 visa last June? Or simply told that she couldn’t apply?

ESTA is/was possible, but confusion may have created a record that may invalidate the privilege to use ESTA.

As a result, I strongly recommend a teleconference with a competent... View More

These are more subtle areas of law, regulation, and DHS discretion. You can choose to abandon your “pending H1b extension,” where your adjustment was timely filed and you qualify. There may be other consequences without more information best disclosed in private.

Although the question... View More

No.

You need to wait until she naturalizes to petition for you.

If your Petition is taking longer than the current processing time then you can submit an inquiry to USCIS.

See: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

Best wishes!

If you remained in the United States after the age of 18 for any period of time over 6 months you acquired unlawful presence and you need a waiver. DACA does not cure unlawful presence, it defers action on the unlawful presence.

You presented an asylum case on merits that has collateral procedural history and at the very least a few state criminal charges pending against him (criminal home invasion, criminal trespass, domestic battery or aggravated domestic battery). All of those are crimes of violence and trigger the... View More