Immigration Law Questions & Answers by State
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Immigration Law Questions & Answers
Q: I'm a DACA recipient. Can I take a San Diego whale watching ferry tour without fear of deportation?
Q: US cit. to marry italian/colombian here on F-1 Visa, can they have religious wedding within 90 days and legal after 90d?
Hector E. Quiroga's answer
There are certain assumptions made by immigration authorities on the topic of marriage and how quickly after entry on a nonimmigrant visa a noncitizen marries a citizen or permanent resident. The longer he stays, before marriage the less presumption of fraud. 80 days is generally outside that presumption of fraud window, though your fiancé’s intent will still likely be scrutinized in an interview situation.
A religious wedding amounts to a civil wedding in the US; therefore, there...
There are certain assumptions made by immigration authorities on the topic of marriage and how quickly after entry on a nonimmigrant visa a noncitizen marries a citizen or permanent resident. The longer he stays, before marriage the less presumption of fraud. 80 days is generally outside that presumption of fraud window, though your fiancé’s intent will still likely be scrutinized in an interview situation.
A religious wedding amounts to a civil wedding in the US; therefore, there...
Q: we apply in September 2017 for I 485 in Chicago . I got the work permit but not the interview. When should I get that ?
Carl Shusterman's answer
You can look at the USCIS website to see processing times. In most offices, it takes about one year for a green card marriage interview.
You can look at the USCIS website to see processing times. In most offices, it takes about one year for a green card marriage interview.
Q: question on concurrent H1-B which is working for multiple employers.
Kevin L Dixler's answer
No attorney can explain in detail how the situation works. That will likely take a paid appointment. What we can state is that you cannot work full time for two employers. In addition, if employer B files an H1b for you, you will likely have to work for employer B, only. Also, if the new job is not substantially similar to the old job, then you can't work until the H-1b visa change of status/employers is approved.
I strongly recommend an appointment or teleconference with a...
No attorney can explain in detail how the situation works. That will likely take a paid appointment. What we can state is that you cannot work full time for two employers. In addition, if employer B files an H1b for you, you will likely have to work for employer B, only. Also, if the new job is not substantially similar to the old job, then you can't work until the H-1b visa change of status/employers is approved.
I strongly recommend an appointment or teleconference with a...
Q: how can i obtain a replacement greencard without paying any fees?
Carl Shusterman's answer
ou may request a fee waiver if you are unable to pay the filing fees or biometric services fees for an application or petition that is eligible for a fee waiver. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the fees.
You can find the list of applications and petitions that are eligible for a fee waiver at www.uscis.gov/I-912 or refer to 8 CFR 103.7(c)(3). For filing tips and additional information, see www.uscis.gov/feewaiver.
You do not...
ou may request a fee waiver if you are unable to pay the filing fees or biometric services fees for an application or petition that is eligible for a fee waiver. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the fees.
You can find the list of applications and petitions that are eligible for a fee waiver at www.uscis.gov/I-912 or refer to 8 CFR 103.7(c)(3). For filing tips and additional information, see www.uscis.gov/feewaiver.
You do not...
Q: I completed my bachelors in December (my completion end date was in February). Since I graduated in feb, I thought my pr
Carl Shusterman's answer
Complex situation. You should not try to solve this online. Schedule a consultation with an experienced immigration attorney.
Complex situation. You should not try to solve this online. Schedule a consultation with an experienced immigration attorney.
Q: I am Registered nurse from india.I had approved I 140 petition which was filed in 2007 by one employer.
Carl Shusterman's answer
They should request that the USCIS allow you to retain your 2007 priority date.
They should request that the USCIS allow you to retain your 2007 priority date.
Q: Green card for 19 years. 9 month stay outside ending in June 2015. Physically present since. When can I file N400
Carl Shusterman's answer
You can file your N-400 immediately as long as you have been physically present in the US for at least 30 out of the past 60 months.
You can file your N-400 immediately as long as you have been physically present in the US for at least 30 out of the past 60 months.
Q: about a year from now my car got stolen and my greencard was inside of car,how can i obtain a replacement without paying
Carl Shusterman's answer
Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.
Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.
Q: how can i obtain a replacement greencard without paying any fees?
Carl Shusterman's answer
Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.
Complete the most current version of Form I-912, Request for Fee Waiver. Instead of the form, we will also accept a letter with all the necessary information that states your request for a fee waiver, is signed by everyone requesting the fee waiver, and includes all the necessary supporting evidence.
Q: Can I travel abroad without green card in my hands if my green card is currently in USCIS being replaced cause of error?
Svetlana Kats' answer
You can not go outside of the US without green card. Make Infopass appointment with your local USCIS office ( you can schedule it on USCIS website), go there with the copy of the correspondence you received from the USCIS and a copy of your ticket and ask them to stamp your passport with the temporary green card stamp. If they'll agree to do that you will be able to travel while your extension is pending.
You can not go outside of the US without green card. Make Infopass appointment with your local USCIS office ( you can schedule it on USCIS website), go there with the copy of the correspondence you received from the USCIS and a copy of your ticket and ask them to stamp your passport with the temporary green card stamp. If they'll agree to do that you will be able to travel while your extension is pending.
Q: What document does my mom need to get from the courthouse so she doesnt gets stopped every time she gets into the countr
Svetlana Kats' answer
Since your are saying that no charges were pressed agains your mom, the case most likely was dismissed. You can request a certified copy of disposition ( or judgment entry) in the court that had jurisdiction over her case. Hopefully they still have the recotds(or can request it from the archives).
Since your are saying that no charges were pressed agains your mom, the case most likely was dismissed. You can request a certified copy of disposition ( or judgment entry) in the court that had jurisdiction over her case. Hopefully they still have the recotds(or can request it from the archives).
Q: Section 245(i) in i-485
Leonard R. Boyer's answer
By itself, marriage after a visa overstay does not solve the immigration problem. It can put the immigrant in a position to return to a lawful immigration status. As the spouse of a U.S. citizen, the immigrant can generally become a permanent resident (green card holder). It is necessary for the spouse to have a lawful entry to the United States to be eligible for adjustment of status. Entering the U.S. with a valid visa counts as a lawful entry, even if that visa has since expired. Immigration...
By itself, marriage after a visa overstay does not solve the immigration problem. It can put the immigrant in a position to return to a lawful immigration status. As the spouse of a U.S. citizen, the immigrant can generally become a permanent resident (green card holder). It is necessary for the spouse to have a lawful entry to the United States to be eligible for adjustment of status. Entering the U.S. with a valid visa counts as a lawful entry, even if that visa has since expired. Immigration...
Q: Hi, i'm waiting for EAD live near the border, need to travel to Dallas, how can i pass the check point,don't have I-94
Carl Shusterman's answer
If you entered the US with a visa, go to the CBP website to get a copy of your I-94.
If you entered the US with a visa, go to the CBP website to get a copy of your I-94.
Q: Where can I get an affidavit proving marriage certificate is valid?
Carl Shusterman's answer
Ask the courthouse to provide you with a certified copy of your marriage certificate.
Ask the courthouse to provide you with a certified copy of your marriage certificate.
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