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Your current state is Ohio
I am a Canadian citizen, and despite not having left the States in a couple of years, (and having resided in the US for the better part of 10 years before that) I needed to briefly cross the Canadian border the other day in order to change my J2 visa to an F1 visa. The reason for that is because I... View More
answered on Dec 19, 2024
Thanks for your question. The good news is that you have a fairly straightforward path to adjusting status to permanent residency. As long as you are married to a U.S. citizen, entered the country lawfully with status, and have no serious criminal history, then you should be qualified and approved.... View More
answered on Dec 18, 2024
Your wife can submit an immigrant petition on your behalf. The issue is going to be when you apply for a visa or adjustment of status. Will her income be sufficient to meet the requirements for an affidavit of support? If it is then you have no problem, otherwise you can obtain a joint sponsor if... View More
answered on Dec 18, 2024
I agree, but the issue may ultimately be whether there is enough documented proof that you entered the marriage in good faith based upon a relationship of love and mutual moral respect. We ought not assume that there is! This can take effort.
There are people who marry, then divorce, but... View More
I am from South America and entered the U.S. by crossing the border running and was detained by CBP. I sought asylum under the Biden administration in 2024 and currently have a pending asylum case and a future immigration court date. While in the U.S., I met the love of my life (a women) which I... View More
answered on Dec 11, 2024
So an immigrant who has been inspected to at the border and filed a proper timely asylum claim can marry a US citizen and be sponsored for a marriage base green card case. However, because you have indicated that your ground of Asylum is based upon the fact that you are gay man and your country... View More
Hi
My spouse is finishing her fellowship on J1 Visa. She wants to do another fellowship but they don't sponsor J1 visa.
I've H1B with approved i140. Can she switch to my H4 and do the next fellowship?
Once the fellowship is done, she can do the Visa waiver job. Is this possible?
answered on Dec 11, 2024
Section 212(e) of the Immigration and Nationality Act prohibits a person who came in J-1 status to the U.S. for graduate medical education from applying for a "nonimmigrant visa under section 1101(a)(15)(H)", which includes H-1B and H-4 visas. Canadian citizens (not Canadian permanent... View More
I am getting married to an American citizen and I am currently pregnant. I have my student visa and everything is legal.
answered on Dec 10, 2024
Yes, any immigration lawyer in any state can represent a client in any other state or in any other country on the planet. This is the nature of immigration law. If you entered the United States with permission, which it looks like you did, and you are getting married to a US citizen, then you can... View More
As an H1B visa holder residing in a community in Dallas, Texas, I am considering signing a petition to recall the Homeowners' Association (HOA) board. Could participating in this process have any effect on my immigration status? Also, is there any chance that immigration authorities might... View More
answered on Dec 10, 2024
Your H-1B status is tied to the specific employer that sponsored your visa. Receiving fees or compensation from another entity for services performed may be considered unauthorized employment, which could jeopardize your visa status.
Volunteer and Non-Compensated Work:
• While... View More
I would like to consult on how to process work visa, Employment Authorization Document if I have a B2 visa? I am currently here in the US. I also need to ensure my son who’s 15 yrs old will be able to get his SSN and what’s the process for obtaining green card for both of us? He’s also with... View More
answered on Dec 5, 2024
While it is technically possible to apply for a change of status to employment-based status while you are legally on a B-2 visa, there are significant challenges to consider. One important limitation is that your I-94 was likely issued for a specific period, typically six months. Given the... View More
If I apply for both the green card and the 2-year home residency requirement waiver (J1 visa) at the same time, would there be any legal consequences or complications? Additionally, for the waiver, could I apply based on both a non-objection statement and extreme hardship at the same time, or is it... View More
answered on Dec 5, 2024
Technically, you can apply for both together. However, it is highly likely that USCIS will issue a Request for Evidence (RFE) regarding the fulfillment of the two-year residency requirement. In response to this RFE, you will need to provide evidence to demonstrate compliance with or an exemption... View More
My partner and I married but we need a sponsor to apply for my green card. I have had an ITIN number for 7-8 years and I file taxes. Can I exchange my tax return for an SSN?
Thanks
answered on Dec 3, 2024
After marriage, if you are looking to update your tax identification number or make changes related to your immigration status, you will need to follow specific procedures. An Individual Taxpayer Identification Number (ITIN) is used for tax purposes and does not get automatically converted to a... View More
How much the case would cost
answered on Dec 5, 2024
The entire process depends on whether you choose to pursue a Change of Status within the United States or Consular Processing outside the country. Change of Status allows you to adjust your status while remaining in the U.S., provided you meet all eligibility requirements and your current visa... View More
Thw woman and her child are not currently living in USA. What steps shpuld i take to marry her in USA and adpot her child without violating immigration laws?
answered on Nov 28, 2024
This may not be an immigration question. Your H-1b visa is a temporary work visa. You are allowed to marry anyone you want. However, when you’re done with your H1B, you must leave the United States. This means that you ought to make plans for your spouse to move to your home country with you!... View More
Could you help me draft a legal spousal maintenance agreement for a future spouse in Colorado, ensuring it complies with state laws and provides financial support during the marriage? Additionally, if we file this agreement with the court, how might it affect our immigration status? We want to... View More
answered on Nov 25, 2024
Yes. These are generally things that can be drafted taking in consideration the special needs of a person. In undertaking the drafting of an antenuptial agreement, however, an attorney would only be able to represent one spouse and work for the benefit of the party that hires the attorney. It would... View More
I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?
I know my... View More
answered on Nov 19, 2024
A fiancée petition should be filed using Form I-129F. The filing fee is $675. It could take about a year or so to get a decision after which your fiancée will need to schedule a K1 visa interview at the US embassy in Manila and pay a $265 fee and medical exam fee. Work with an immigration attorney
I am just beginning my journey... but I want to bring my girlfriend to USA to marry. I need help through the process. Can someone explain what is needed? Cost, What paperwork for the application, the history of our families, the timing, interviews and what to expect please?
I know my... View More
answered on Nov 20, 2024
There are many forms and many documents in the journey to process your fiancé to become legal in America. The best approach is to contact an immigration attorney for a consultation on the phone to go over the process because it can be a little complicated. If you are not working right now, or you... View More
answered on Nov 13, 2024
Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section... View More
How can we stay in the US together after we get married while we wait for her legal status and can she still stay after we get married even if her student visa expires
answered on Nov 11, 2024
A foreign national (FN) in the US on a student visa who is married to a US citizen can be sponsored for an immigrant petition petition and may concurrently apply for adjustment of status. The aforementioned FN may stay in the US while waiting for the green card to be approved.
answered on Nov 11, 2024
The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More
My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More
answered on Nov 5, 2024
A US citizen can sponsor their spouse for a green card if they entered the country with permission, even if that spouse falls out of status. The issue in your case is did the spouse, who entered the country do so with preconceived intent. Did he conceal his intent to reside permanently upon his... View More
My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More
answered on Nov 5, 2024
Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters... View More
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