Lawyers, Answer Questions  & Get Points Log In
Immigration Law Questions & Answers
1 Answer | Asked in Immigration Law for New Jersey on
Q: What does USCIS mean by "your benefit request has been accepted and is under review"?

it had the date 3/3/20. My priority date is 7/3/19. Please can you explain the difference between the two dates.

I am confused please.

Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

The first questions means that USCIS accepted your petition and an officer is currently reviewing it. Next, the priority date is when your petition was received by USCIS. The other date is the day you were notified of the status update.

1 Answer | Asked in Immigration Law on
Q: Cap Exempt petitions - Is premium processing available for H1B extensions when applying from outside USA.
Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

USCIS has suspended all premium processing, including for H1B cap exempt petitions. See https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

You can file for a request to...
Read more »

2 Answers | Asked in Immigration Law for Colorado on
Q: I overstayed my tourist visa , been here for16 years,zero crime and want voluntary removal,can I just buy plane ticket

I want voluntary removal , never had any deportation warnings , overstayed my tourist visa . Can I just buy plane ticket and go or some long process?

Amanda B Cook
Amanda B Cook answered on Apr 7, 2020

You can just go, yes, but you will likely have trouble if you ever wanted to come back.

View More Answers

2 Answers | Asked in Immigration Law for Florida on
Q: I was arrested I got my records clean I’m applying for a visa n it ask if I’ve been arrested so should

I got my records expunged because I was arrested 18 years ago now I’m applying for a visa and it’s asking if I’ve ever been arrested and charge

Ana S. Mendieta
Ana S. Mendieta answered on Apr 7, 2020

If you have been arrested, then your answer must say yes. It does not matter how long ago it was or if it was expunged or not. You are able to explain the circumstances of the arrest and the fact that it was expunged. You should also explain the reason it was expunged and why it should not weigh... Read more »

View More Answers

1 Answer | Asked in Immigration Law for Colorado on
Q: I am a US citizen, my wife has her first green card. Can I apply for unemployment or will that effect our immigration?

She has her first green card but we have to reapply for the 10 year green card soon. I was furloughed and want to apply for unemployment but I am not sure if that will effect the immigration interview we will have to do in about a year.

Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

Unemployment insurance benefits is not considered under the Public Charge rule. Further, public benefits received by a US citizen is also not considered.

2 Answers | Asked in Immigration Law for Illinois on
Q: My L1A visa will expire in June 2020. Assuming COVID restrictions continue- will I get a temporary extension?

EB1 I-140 approved, but waiting for PD(India)

Robert Roy Klein
Robert Roy Klein answered on Apr 7, 2020

You will not automatically get an extension. You still must file the extension and have it be received by USCIS before the expiration date. USCIS is still processing petitions.

View More Answers

2 Answers | Asked in Immigration Law for Ohio on
Q: My neighbor is an 18 year old female who was adopted from Russia when she was about two years old. She lives in Avon OH

She wanted to apply for a passport to travel to Canada in June but learned she needed to submit various documentation for this. She found the necessary paper at home and learned that her Permanent Residency Card had expired in 2012. She mailed this in and now is waiting for a response. Should she... Read more »

Yanky Perelmuter
Yanky Perelmuter answered on Apr 7, 2020

She will need to retain a lawyer to properly determine the best options for her. She may or not be a U.S. citizen and there are many factors to consider when determining which process she should take.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: EB-2 Green card withdrawal

Hi,

I'm a resident alien in the US with an O1-B visa. My actual company just started the process for an EB-2 green card, but I may have a way better job offer on the table from a different company. If I will accept the offer, obviously my current employer will withdraw the petition.... Read more »

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

You might want to just complete the current EB-2 process and get your green card. After a year or so you can work for another employer. Withdrawing and resubmitting with a new employer could get messy.

Ask your second employer's attorney how they would handle this before you go down this...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Will requesting unemployment affect my application for citizenship?

If I am a full time uber driver and I get 1099. If I request unemployment from the CARES act, will it affect me getting my citizenship?

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

It should have no impact.

1 Answer | Asked in Immigration Law on
Q: Can you apply for an F-1 visa for university while waiting for an I-130 green card if you are from oustide the USA?

My wife and I (US citizen) applied last fall in November, and we fear due to Covid-19 we could see a delay of 3-5 additional months of waiting. One of our solutions was whether it was possible for her to apply for university in the US and live on a F-1 visa while awaiting her green card? Does... Read more »

John Alexander Bates
John Alexander Bates answered on Apr 6, 2020

I would just wait. An F-1 is a non-immigrant visa and you have an immgrant visa pending. If there are delays, so be it. Schools may not even be in session for another 6 months. Be patient and wait for the I-130 to process.

1 Answer | Asked in Immigration Law on
Q: What is the difference between the priority date and Date for Filing Application?

I am confused about the difference between the priority date and date for filing an application on the visa bulletin. Does the "Date for Filing Application" mean that I cannot submit an I-485 until the date on the bulletin, or does it mean that if I submit now this is the predicted priority date... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 5, 2020

Depends on what visa you are filing. In the Family F2A category, you would use the Final Action Date. Other family categories will use the Date for Filing. Employment based visas use the Final Action Date. This is found on USCIS's website here: https://www.uscis.gov/visabulletininfo

If...
Read more »

1 Answer | Asked in Immigration Law on
Q: My application for a British passport was rejected, so any help as to go forward would be much appreciated.

My application for a passport was rejected, despite my birth certificate stating I was born here and having lived here my whole life. The passport office stated that my application was rejected due to me not being able to prove my mothers nationality at the time of my birth (in 1997) as she is... Read more »

Adan Vega
Adan Vega answered on Apr 4, 2020

You should contact the British Embassy in Washington, D.C. if you are in the U.S. and inquire about the requirements for a British passport. You can also visit gov.uk to obtain the passport requirements.

Good luck to you.

1 Answer | Asked in Immigration Law on
Q: Can a Swedish mother and son move to the US for 1 year for the son to go his last year of high school there?

Hi!

My 15 year old son and I (his mother) are interested in ”moving” to the US for 1 year next summer (2021) for him to go his last year of high school in the US instead of here in Sweden.

Would this be possible, and if so what visas would we need? I assume my son would need a... Read more »

Adan Vega
Adan Vega answered on Apr 4, 2020

You can contact the school in the U.S. that you are interested in enrolling your son and inquire if the educational institution is authorized to issue a FORM I-20. Once your son is admitted and issued the FORM I-20, your son can apply for the F-1 student visa with the U.S. consulate in your home... Read more »

1 Answer | Asked in Immigration Law for California on
Q: I have a B1/B2 visa with an I94 date of April 15. What if I cannot leave the country because of COVID-19 issues?

I can stay in the US on my B1/B2 Visa for 6 months. I am having travel issues because of the COVID-19 pandemic. I am supposed to leave on April 15 - I have a ticket for April 14th but transportation has been shut down in Ukraine and I cannot leave the US. What is my best course of action?

Adan Vega
Adan Vega answered on Apr 4, 2020

If your visitor status is due to expire this month and you are unable to timely depart due to the COVID -19 health crisis, you can request an extension of your status by filing FORM I-539 with USCIS. You will need to include documentation of the reasons of your inability to travel abroad.... Read more »

1 Answer | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Texas on
Q: can some one B1 or B2 visa with domestic violence get a immigration or get green card ?

this person also went to jail for his action. he hit and grab his wife on he road and some people saw that and call the police for that.

the witness did give them a statement against him as well

wife also pregnant an surviving in mantle torture

this thing happened like 3... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

Depends if he was convicted, and on what crime he was convicted. There are many levels of DV. Also, the officer might want to know what happened. You say the case was dismissed from the court, so it depends on what you mean by this. If the person was never actually convicted, then this wouldn't... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: As an L2 EAD holder with a legal job in America, what is the path to permanent residence?

Hello,

I would like to know what my options for the green card are regarding my status (L2 EAD holder, currently working as an Operations Specialist for a pharmaceutical company). I was told the best path is to have my company sponsor my convertion to H1B visa so that I am not an L1... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

L2 to green card path: EB2 or EB3. Both require an employer to sponsor you. I don't know what you do, so you might qualify for an EB2 with a National Interest Waiver. This would waive the need for a job offer or sponsor.

EB visas are subject to a cap. You can view the visa bulletin here:...
Read more »

1 Answer | Asked in Immigration Law on
Q: I have i-130 case not got approval yet ,if i applied tourist visa to see husband in us will that affect my i-130 ?

My husband in us and i want to see him will the counselor give me visa while my i-130 is pending ????

Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

It will not affect your 130. Getting the visitor visa will be more difficult. The purpose of the visitor visa is to visit the US then leave, so you must show intent to leave after it’s over.

1 Answer | Asked in Immigration Law for New Jersey on
Q: does obtaining a Medicaid card prevent American citizenship?
Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

No, the public charge rule does not affect naturalization, unless you’ve left the US and stayed out for 180 days consecutively.

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: If I Receive unemployment benefits on Green card, does this affect on my US citizenship or naturalization approval?

I have got Green Card in 2017. Last month I lost my job due to Covid-19 lock down and want to apply for the unemployment benefits. Am I eligible for applying CA state unemployment benefits?

I am going to apply for US citizenship in 2022. Will these factors affect our becoming the US... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

Unemployment benefits are not considered under the public charge rule. Further, the public charge rule doesn't apply to naturalization. It will only apply if you travel outside the US for 180 consecutive days and return.

1 Answer | Asked in Immigration Law for New York on
Q: will a DUI affect my immigration status change

so am looking to change my immigration status but I was recently convicted of a DUI misdemeanor will it affect my application

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

It depends on the circumstances and the officer, like if there was a child in the car, how drunk you were, what happened when you were driving. 1 DUI shouldn't be a problem if it was just you and no one was hurt. You'll need to show that you're cooperating with the court by paying the fine, going... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.