Immigration Law Questions & Answers

Q: How long does it take to get a marriage visa after form I-130 is filed?

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

It typically takes between 6 and 8 months for a visa petition to be approved. There is a transfer period of about 1 month during which USCIS sends the petition to the NVC. Once the NVC has received all necessary documents, it can take between 3 and 4 months for the scheduling of an appointment. If any waivers of inadmissibility grounds are needed, then add an additional 6 to 12 months. Other variables include any time it takes an applicant to respond to information requests.
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Q: I'm a Permanent Resident living in New York. Planning to marry an Icelandic citizen and live in Iceland, How to Start?

1 Answer | Asked in Divorce, Family Law and Immigration Law for New York on
Answered on Oct 17, 2017

It doesn’t really matter where you marry.

The bigger question is related to your ultimately goal. If you plan to go live in Iceland, you risk losing your permanent residence in the United States; additionally, in order to be able to meet the requirements of your financial sponsorship, you will need to show that you either live in the US or plan to live there. Your spouse will not be granted an immigrant visa if neither s/he or you plan to live in the US.
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Q: About how much would it cost to become a resident?

1 Answer | Asked in Immigration Law for Texas on
Answered on Oct 17, 2017

That will depend on your circumstances. If you are out of the country, the cost is around $1200. If you are in the US, it is more like $1800. These are typical application fees and don’t include attorney’s fees. If waivers are needed, the cost goes up substantially.
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Q: I received a termination on F1 visa on grounds of unlawful work and returned home. How do I re-enter?

1 Answer | Asked in Immigration Law for Texas on
Answered on Oct 17, 2017

It is hard to say. You violated the terms of your visa, which is very serious. You might be able to come back as a tourist if you file the form I-192, Application for Advance Permission to Enter as a Nonimmigrant, depending on the circumstances.
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Q: Since me and my ex husband have been divorced for a couple of years now. Am I still considered his sponsor on his green?

1 Answer | Asked in Immigration Law for Texas on
Answered on Oct 17, 2017

You are his sponsor until one of the following occurs:

1) He becomes a citizen;

2) He leaves the U. S. for good;

3) He dies; or

4) He earns 40 qualifying quarters of income (at least ten years).
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Q: In Connecticut currently, how long does it take to receive the permanent green card after filing form I-751?

1 Answer | Asked in Immigration Law for Connecticut on
Answered on Oct 16, 2017

Our experience is that it takes close to a year. You should have received a letter extending your status for the duration of the processing time.
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Q: My relative left the US without receiving a travel document. Will she be denied entry into America?

1 Answer | Asked in Immigration Law for California on
Answered on Oct 16, 2017

When she left the US, without advance parole, she abandoned her application. It might work to send it to her and see what happens. She may be starting from scratch, however. There might be some unlawful presence issues, too, depending on how much time she spent in the U. S. prior to applying for asylum

We strongly recommend a visit with an immigration attorney.
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Q: I am a Cuban paroled in the USA. I applied for my green card, but not yet issued. How can I get my minor son to USA?

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

When you are an LPR, you can petition your son.
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Q: What happens if a DACA recepient leaves to their country of origin without parole?

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

That’s a problem. Your only option is to apply for parole and see if you will be allowed back in.
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Q: How soon can you ask for a green card or any legal status after marrying a US citizen?

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

Before you file anything, please make sure that you are eligible to adjust your status in the US. There really isn't a time to wait in your situation. The big question in your case is Consular Processing with a Waiver versus adjustment of status in the U.S.
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Q: immigration

1 Answer | Asked in Immigration Law for Florida on
Answered on Oct 16, 2017

USCIS will not likely inform you of an "update" until the case is either approved or a request for evidence is issued. If your case is still within posted processing times, then you will likely need to wait to complain unless and until your case falls outside of processing times, which hopefully it won't. If your case does fall outside of posted processing times, then you can submit an e-inquiry through the USCIS website or even try contacting the USCIS Ombudsman's office.
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Q: I'm married to a US citizen and I applied for an B1 visa and got approved, can I travel to the US and apply for status

1 Answer | Asked in Immigration Law on
Answered on Oct 15, 2017

You will have to wait 90 days before applying to change your status. Your entry, however, cannot be for the sole purpose of eventually changing your status. You must be a bona fide visitor.
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Q: What is my cousins rights about the property purchased here in US while married and now processing the divorce?

1 Answer | Asked in Divorce, Family Law, Immigration Law and Real Estate Law on
Answered on Oct 15, 2017

How long she was married and stayed together? As property was purchased during matrimonial time, she, by virtue of law, own 50% thereof even if name not mentioned on contract. For more specific advice consult Attorney of local jurisdiction where she lives or property lies.
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Q: How soon can I apply for a change of status and what are my chances of getting an approval?

1 Answer | Asked in Immigration Law for Maryland on
Answered on Oct 15, 2017

You may want to consider utilizing the following to join process as it is usually faster than an adjustment of status.
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Q: US citizen and non US citizen spouse both living abroad want to move to the States.

2 Answers | Asked in Immigration Law for Florida on
Answered on Oct 15, 2017

No, you can use assets or a co-sponsor to meet the financial obligations.
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Q: I am currently employed as a teacher under a j1 visa (expiration Feb 2019) My current employer can't sponsor H1B.

1 Answer | Asked in Immigration Law for Georgia on
Answered on Oct 15, 2017

You can look for and be sponsored for an H-1B elsewhere. Whether it will be a cap exempt will depend upon the employer and how well documented is its affiliation. You also need to consider whether you need a J-1 waiver.
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Q: I am an American currently in Germany. Can I bring a friend from Greece as a migrant worker for a farm project in MI?

1 Answer | Asked in Immigration Law for Michigan on
Answered on Oct 13, 2017

You should consider using the H-2A program. You will also need to set-up the farm as a business so that it can sponsor him for the visa.
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Q: My husband received Green Card through employer and I - too.If he loses resident status, will I lose mine too?

2 Answers | Asked in Immigration Law for New York on
Answered on Oct 12, 2017

No. His loss of residence will not necessarily mean that you will lose yours.
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Q: Can I bring my spouse to the United States if I'm a permanent resident in the States and a resident of Colorado State?

1 Answer | Asked in Immigration Law for Colorado on
Answered on Oct 12, 2017

As a lawful permanent resident, you can file a petition for your husband to immigrate to the United States. It takes longer than if you were a citizen, but it is possible.
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Q: I have a theft felony. Can I still petition my husband for legal residency?

1 Answer | Asked in Immigration Law for Texas on
Answered on Oct 12, 2017

The fact that you have a felony conviction should not prevent you from filing an immigrant visa petition on your husband’s behalf, nor should it prevent your husband from applying for residence in the United States.
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