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Your current state is Virginia
As non-American citizens currently residing in the U.S., will our baby automatically receive U.S. citizenship if born here, and what impact might this have on our immigration status?
answered on Mar 18, 2025
Generally, a child born in the United States acquires U.S. citizenship at birth, according to the principle of birthright citizenship enshrined in the 14th Amendment of the U.S. Constitution. This citizenship does not automatically confer U.S. citizenship or alter the immigration status of the... View More 
I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More
answered on Mar 18, 2025
Consider scheduling a consultation with a competent and experienced immigration attorney. If you are no longer with the spouse through whom you acquired your conditional permanent resident status or intend to file as a battered spouse, then USCIS will accept your untimely Form I-751 without you... View More
I am a conditional permanent resident, and I mistakenly submitted Form I-90 instead of the required Form I-751 for renewal. My application was denied, and USCIS informed me of the error on March 12, 2025. My conditional residency expired on September 14, 2023, and I submitted Form I-90 in May 2023.... View More
answered on Mar 18, 2025
If you do not file Form I-751, you will automatically lose your permanent resident status and may become removable from the United States. However, if you missed the filing deadline due to reasons beyond your control, you can submit your I-751 late along with a written explanation requesting that... View More
I live in Oklahoma, and my son's father recently married another woman, seemingly committing immigration fraud. We have been living together for several years, sharing a home and finances, and Oklahoma recognizes common-law marriage. I have evidence of our cohabitation, like shared bank... View More
answered on Mar 17, 2025
Oklahoma is & is not a common law state -- There are still requirements to be met for the 'non-ceremonial' marriage (which is the closest thing to common-law) - Based on the limited facts you stated, it would be hard to meet the burden of proof to actually depict such. Having a child... View More
I'm looking for the quickest way to renew my green card, which expired in December 2024. I've been a permanent resident since 1970. I attempted to renew it online, but I couldn't proceed as the A-number I have is no longer recognized. I've tried contacting USCIS but haven't... View More
answered on Mar 16, 2025
Consider scheduling a consultation with a competent and experienced immigration attorney. If your alien number has only eight (8) digits, try inputting a zero (0) at the beginning. Nowadays, alien numbers are nine (9) digit numbers. As to marriage, are you going to be using a new surname? That... View More
I was placed on a three-year probation in 2019 for intent to distribute and possession of marijuana. I left the country in May 2022 to get clean, while still on probation. I'm not aware of any legal proceedings or actions taken since I left. Can I return to the U.S.?
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answered on Mar 14, 2025
You likely have a motion to revoke pending and a warrant. Assuming this is Texas, if the State proceeds on the motion to revoke and the judge grants the motion, you will not be able to be extended, and the judge can only deny the State's motion or to sentence you to at least the minimum range... View More
I have a fiancé visa case that USCIS sent to the NVC on April 19, 2024. My lawyer has been communicating with the NVC, but they stated they don't know where my case has been sent. What steps can I take to resolve this issue?
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answered on Mar 14, 2025
If the NVC loses track of a fiancé visa case, here’s what to do:
Check USCIS Status – Confirm your I-129F petition was approved and sent to the NVC via USCIS Case Status.
Contact NVC – Call +1-603-334-0700 or use the NVC Inquiry Form. Have your receipt number ready.... View More
My husband received his conditional green card almost 2 years ago. We divorced and remarried again a few months ago. He initially submitted an I-751 petition to remove conditions on his own, but it was denied because it was filed before the 90-day window. We haven't resubmitted the I-751 since... View More
answered on Mar 10, 2025
OK since you divorced, that may have triggered the only pathway to remove the conditions based on a waiver for filing a joint 751. But it is complicated now because you got remarried and so they may just say that you have to start a whole new case over again. You are treading on thin ice and I... View More
I am currently on F-1 OPT following my Master’s in Business Data Science & Analytics and plan to stay in the U.S. for the duration of my OPT, with the possibility of applying for a STEM OPT extension. The work I intend to perform for the manufacturing company involves business intelligence,... View More
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answered on Mar 10, 2025
It is fine to be self employed for regular OPT as long as your degree is related to what the business does. It is always a good idea to set up a company and take any other steps to show that your business is legitimate. (eg. set up a website, operating agreement, EIN, etc.). Stem OPT is much more... View More
I am a U.S. citizen, and my girlfriend from New Zealand is currently in the U.S. on an ESTA. She has been here for 67 days. We are considering getting married before her ESTA expires, and I want to know if she can apply for a green card while in the U.S. so she doesn't have to return to New... View More
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answered on Mar 10, 2025
Adjusting status is possible when you marry a US citizen even if you entered on ESTA. Once the I-485 has been filed, the applicant cannot leave until travel authorization has been obtained. Ideally the applicant entered without the intent to adjust but there is case law that could deal with this... View More
I married my ex-husband almost seven years ago, and we are currently separated as I have filed for divorce. After assisting him with applying for a green card, he recently received a 10-year green card and came to the U.S., only to leave me within a week. Since I sponsored him, I would like to know... View More
answered on Mar 8, 2025
OK, if your husband has obtained the 10 year permanent green card, it is going to be almost impossible to have that revoked or re-adjudicated. You can write a letter to ice or Uscis and explain the circumstances and they may revisit the case. But the bottom line it is going to be a very remote... View More
I am a Pakistani citizen and a permanent resident of the USA. I plan to travel to Pakistan for 40 days and have a valid US green card and Pakistani passport. I've traveled to Pakistan before without issues. Will there be any problems upon my return to the USA?
answered on Mar 10, 2025
If you have a valid Green Card, have not been outside of the United States for an extended period of time (6 months or more), have no prior arrests or convictions that can pose an issue, then you should not have any issues returning after your 40 day trip.
I am involved in a family immigration case, and the U.S. embassy has requested a joint sponsor, which I am struggling to find from Pakistan. I have never applied for a visitor visa before, but I want to visit the U.S. to personally search for a joint sponsor and also to save my relationship with my... View More
answered on Mar 8, 2025
OK before I answer your question, it’s important to point this out. I don’t know what your personal financial situation is but if you guys cannot satisfy the income test, you can satisfy the asset test if either of you have assets that equal three times the amount of minimum income required.... View More
I have been married to a U.S. citizen for four years and am currently living in the U.S. without legal status. I have a misdemeanor on my record, and my wife has a felony conviction from 1999. We have not started the immigration process yet. Can I still fix my immigration status and obtain legal... View More
answered on Mar 5, 2025
It depends what the misdemeanor is for, and it also depends on if you entered the United States with permission. If you entered the United States with permission, then you will be able to adjust status and if the misdemeanor is for something very minor, you probably won’t have to file a 601... View More
I have overstayed my visa by 6 years and am seeking options to adjust my status to remain in the United States. I currently have no family members who are U.S. citizens or permanent residents that can sponsor me, and I have not yet filed any forms with USCIS. What steps should I take to proceed... View More
answered on Mar 4, 2025
You really have only one pathway to adjust status to get a green card based on your situation. Since you did enter the United States with permission and you have overstayed your visit, if you get married to United States citizen, then you could adjust status to get a green card. In rare... View More
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
If your wife does not make sufficient income, or has sufficient assets, and if she cannot find a joint sponsor, then the state department will deny your spousal visa case. Remember that if she does not have sufficient income, she can substitute the asset test for the income test. So if she owns a... View More
My wife is in California, and we got married in 2018. I had an embassy interview in October 2024, and the immigration officer requested more evidence of our marriage and a joint sponsor since my wife's income is insufficient. When I informed my wife, she said she couldn’t find a joint... View More
answered on Mar 4, 2025
I would just like to add the following. If your wife does not have sufficient income, or sufficient assets to make up for insufficient income, and she cannot find a joint financial sponsor, then if you have sufficient assets, which would need to be $75,000 or more, then you could add that to your... View More
I applied for the I-485 in 2023 and filed the I-130, I-485, and I-765 together. My I-485 is still pending, and I have received notices that it's under review. Now, after two years, I want to apply for a travel document (I-131) for the first time. Since my I-485 is still pending and it's a... View More
answered on Mar 3, 2025
No, as you filed your I-485 prior to April 1, 2024, you are not required to pay a filing fee for the I-131. You should submit a copy of the I-485 receipt notice with your application. See USCIS website: https://www.uscis.gov/i-131
You do not need to pay an additional fee for Form I-131 if:... View More
I submitted my I-485 package along with my medical exam on March 30, 2023. Since then, it has been nearly two years, and I am aware that the medical exam expires after two years according to USCIS guidelines. My medical exam was conducted before April 2024, and my I-485 status is still pending. I... View More
answered on Mar 3, 2025
If you preemptively send a new medical exam to USCIS without first receiving a request for evidence (RFE), you run the risk of the medical exam being misplaced and not making it into your file. Instead, you can wait for USCIS to either issue a RFE for a new medical exam or wait for an interview... View More
I have to appear in immigration court and file form I-862. However, since December 2024, my husband has applied for my adjustment of status, and I have the I-797 acceptance notification for that process. Should I send my I-797 acceptance notice to the court, and what should I consider regarding the... View More
answered on Mar 3, 2025
First, if you have been issued a Notice to Appear for removal proceedings, which it appears you have since you reference Form I-862, it is very important that you attend all scheduled court hearings and inform the immigration court if you ever change addresses. If you fail to attend any scheduled... View More
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