Immigration Law Questions & Answers

Q: I would like to file for citizenship

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 20, 2017

With your criminal history, you are lucky that you have not yet been deported. I do not believe you have any chance at citizenship, but you are free to seek additional advice and opinions.
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Q: My boyfriend has been here 6yr he's on documented we have a 6 yr old together he has no criminal what can I do

1 Answer | Asked in Immigration Law for Michigan on
Answered on Feb 20, 2017

We would need more information to know for sure. It appears that your boyfriend and you, working together, might be able to plan out a path that could lead to permanent resident (green card) status for him. But again, to know for certain, we would need to learn more information about your boyfriend. I suggest that you consult with an experienced immigration attorney to discuss your boyfriend's complete history, and see what options might be available to keep you all together. Best wishes.
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Q: My British Company has been hired to host an event in the US. Will we need work visas?

1 Answer | Asked in Immigration Law for Idaho on
Answered on Feb 20, 2017

When will this take place, and who is the U.S. company contracting you? How big is the core team? Two weeks is a very short time, so you might just look at a way to use the ESTA program. For something bullet-proof, you might want to do P visas if we can classify your core group as an "entertainment group." Definitely consult an immigration attorney.
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Q: Can an f2a petition who is now current, can file i-485 here in usa, on out of status?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 20, 2017

Your factual statement is convoluted. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do...
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Q: Wife's H4 EAD is pending, my I-485 priority date is current. Shall we file I-485 EAD for her when submitting our I-485?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 19, 2017

If you have a company immigration attorney, these questions should be directed to your immigration attorney.

Your questions should be directed to your company's immigration attorney, since the attorney is the person most familiar your case. But remember this attorney is the company attorney, not yours. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents...
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Q: Would I still be able to file a 130 petition for my husband who is already here in the US, under the trump administrat

1 Answer | Asked in Immigration Law for New Jersey on
Answered on Feb 19, 2017

Right now you are still able to do so. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a...
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Q: I am asylum pending applicant. I have a lawyer. I was wondering if I have to use my lawyer for the EAD renewal process.

1 Answer | Asked in Immigration Law for Arizona on
Answered on Feb 19, 2017

No. You do not need to use your lawyer for EAD. That is your decision. If you file pro se, you would not need to file a G-28.
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Q: Will I lose my citizenship if I divorce my American husband who cheats on me?

1 Answer | Asked in Divorce and Immigration Law for Tennessee on
Answered on Feb 19, 2017

Are you a US citizen or Permanent Resident? If you are a US citizen, absolutely not. You will not lose your citizenship for divorcing him. If you are asking about losing green card, that is a bit different and requires more analysis. Consider speaking with an attorney.
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Q: Can I apply for a k-1 visa while on a work visa in the US?

1 Answer | Asked in Immigration Law for Florida on
Answered on Feb 19, 2017

Generally speaking, K-1 is for people who are engaged to be married, want to get married in the USA, and where the foreign national is abroad. If you are already here, realistically there is no need for a K-1. You can just get married to your US citizen fiancé(e) and then proceed with adjustment of status (assuming you are eligible).
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Q: Hello! Ive been in USA in past 5 years and im ready to apply for my Citizenship

1 Answer | Asked in Immigration Law for Arkansas on
Answered on Feb 19, 2017

If you have been married to US citizen for 3 years, you can apply based on your spouse. Otherwise, as you already stated, it needs to be 5 years. USCIS has scrutinized N400s (naturalizations) more closely over the last few years. I would recommend working with an immigration attorney.
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Q: I came as a tourist and i got robbed, they robbed my wallet, cellphone an passport, am i eligible for visa U?

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Feb 18, 2017

To be eligible for a U-Visa, you must have been the victim of certain types of crimes. These crimes are usually felonies. You also must have been cooperative with the police in investigating and prosecuting the crime. If the facts of your robbery meet these criteria, you may be eligible for a U-Visa. You can find out more information at this website:...
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Q: Getting married with overstay J1 visa. Need advice.

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 18, 2017

You situation is far more complex than you realize.To obtain a green card, your marriage must be bona fide.

This can be proven by presenting the following documentation:

Photographs that show both spouses together and with family and friends. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship. Letters between the couple before the marriage, with their postmarked envelope. Evidence of trips the couple has taken together,...
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Q: I was brought to the US at 3 I'm 17 now I'm currently under daca I was wondering when I could do to obtain a green card

1 Answer | Asked in Immigration Law for North Carolina on
Answered on Feb 17, 2017

It depends on your situation. For example, after you turn 18, if you are married to a US citizen or permanent resident, you may be able to apply for a green card through the consulate of your home country. However, you need to speak with an immigration attorney to determine what you may be eligible for. In the meantime, make sure you keep renewing your DACA status so that you do not accrue any unlawful presence here in the United States.
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Q: How long does a H1B take to process?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 17, 2017

The typical duration for processing any H1B visa application can take anywhere from 2 to 6 months. The best case scenario is H1B visa approval decision can take less than 2 months. The worst case scenario for the decision from USCIS can be as long as 6 months or more. If your company has a good immigration attorney things should go smoothly.
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Q: If someone is approved for a H1B, can they be in the US while it is processed?

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 17, 2017

If the H1B is approved, that means it has been processed. You need to receive it and the I-94 before you can start working.
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Q: I have a cousin from my father's side of the family who does NOT have any documents,I am a American citizens.can I help?

1 Answer | Asked in Immigration Law for Virginia on
Answered on Feb 17, 2017

Unfortunately you can't file for your cousin. But, your cousin should consider scheduling a consultation with a lawyer to discuss her options.
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Q: Hi i am a US Citizen and ID like to marry my children's dad. We have been together 3 years and have 2 children together.

1 Answer | Asked in Immigration Law on
Answered on Feb 17, 2017

It depends how your husband entered the country and how many entries he has. He may need a waiver, he may not. consider a consultation with an immigration attorney to walk you through this analysis.
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Q: Hello for my sake I over stay my visa for six months and am engage to an American man. What can I do to get documented

1 Answer | Asked in Immigration Law for New York on
Answered on Feb 17, 2017

Get married and he can file a marriage petition for your Green Card. Contact an experienced immigration attorney for help.
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Q: Hi. I have a question.. In 2008 I married a man from Guatemala and he was an illegal alien and entered illegally.

1 Answer | Asked in Immigration Law for Colorado on
Answered on Feb 16, 2017

I am not sure what you are asking. If you want to file for divorce, you can be divorced from a non-resident alien. If he is not Colorado you may not be able to divide property, but you can be divorced. If you are asking if a divorce will force a deportation, the answer is usually no. If he has a valid work visa he can stay in the US until the term ends and he can pursue a renewal.
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Q: Filed N-400 in June, 2016, had interview on 2/16, passed exams. Officer said he had to review file. How much longer?

1 Answer | Asked in Immigration Law for Texas on
Answered on Feb 16, 2017

Hello! USCIS officers can be mysterious for various reasons - they may be new, they may need supervisor approval, or they may genuinely need more time to review the file if they weren't able to do so in detail beforehand. Whatever the case, if they haven't asked you for anything specific and there were no concerns raised during the interview, then more likely than not, the file review is a formality and your case will soon be approved. You should probably except to receive an oath appointment...
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