The Federal Government will take whatever action it deems appropriate, given its priorities, as a matter of prosecutorial discretion. You have the right to remain silent, anything that you say or do can be used against you in court, you have the right to representation from an attorney at any... View More

Filing for divorce can significantly impact a spouse’s pending immigration case. The extent of that impact largely depends on the current stage of the process. In addition, a divorce may trigger enforcement of the Affidavit of Support you previously filed, potentially making you financially... View More

Your partner may enter the United States on a valid ESTA and marry you during that visit. After the marriage, he can return to Italy and apply for an immigrant visa (green card) through consular processing at the U.S. consulate.

In this scenario, you would file Form I-130 (Petition for... View More

Hypothetically; If a gentleman already has a valid U.S. passport that was issued before Arkansas placed a hold due to child support arrears, he may still be able to travel internationally—but there are important caveats.

What Works in His Favor

- The passport is already issued and... View More

H-1B is a dual intent visa. You do not need advance parole while traveling on an H-1B visa. You would not be deemed to have abandoned your I-485 application if you left the US while your I-485 is pending, because H-1B is dual intent and you can travel on it.

You have two options:... View More

If she has a green card, then she won’t have any problem re-entering the United States. However, if she has been out for more than six months, then she will be questioned about her reasons for staying so long. If she’s been out for a year or more, then she risks losing the green card altogether.

There is nothing uncommon about the delay in any type of response. As long as you have proof that they received it, you shouldn’t worry. In some of my cases, the delay between a submission response to a request for evidence and any kind of activity on the case file can sometimes be over 10 or 11... View More

If your husband signed the I-864 Affidavit of Support, you may have the right to enforce that obligation against him if you are currently unemployed. There is no requirement that you must seek employment in order to pursue the financial support guaranteed under that affidavit. You may wish to... View More

You may select the U.S. consulate in the country where he currently resides; however, final discretion rests with the U.S. State Department. They will determine whether he may process there or must return to his home country to complete the consular process.

You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More

If your I-140 was approved and sent to the National Visa Center (NVC) for consular processing but you want to adjust status in the U.S., you generally don’t need special permission. When your priority date becomes current, you can file Form I-485 directly with USCIS — include a copy of your... View More

If you've triggered a 3-year reentry bar by overstaying your H-2B visa and returning to your home country late, you still have options—but the path forward depends on the specifics of your overstay and immigration history.

Under U.S. immigration law, an unlawful presence of more than... View More

Even if you drop charges or say you don’t want to press charges, the prosecutor can still continue the case. Domestic violence cases are handled by the state, not by the victim alone.

• Trying to recant can sometimes make the situation worse for both of you — prosecutors often view... View More

Congratulations on your recent marriage and upcoming addition to your family!

Your prior I-485 denial (due to lack of cooperation from your previous spouse) does not automatically jeopardize your new adjustment of status application, as long as your current marriage is genuine and you meet... View More

Yes, your plan is viable! But CBP holds discretion and you must be well-prepared with documentation to show you’re maintaining STEM OPT rules. Your 150-day unemployment clock can continue while you’re abroad, as long as you haven’t exceeded it. Recommendations:

Pre-travel: verify... View More

Traveling to St. Thomas (USVI) as a green card holder is considered domestic travel, so CBP inspection at the mainland airport is usually routine. Since you have valid green cards, REAL IDs, and passports, and no criminal or immigration violations, there should be no problem re-entering the U.S.... View More

A valid U.S. passport does prove citizenship, but for kids who became citizens through parents, I always recommend also getting a Certificate of Citizenship. Unlike a passport, it never expires and is useful if there’s ever a passport renewal issue, lost passport, or questions about how... View More

Yes, it’s generally safe. As long as your green card is still valid, you can travel abroad and return without needing a renewal receipt. A short trip to Mexico (like one week) is fine. You should not face issues with ICE or CBP unless you have prior immigration violations or criminal history,... View More

Consider scheduling a consultation with a competent and experienced immigration attorney who can evaluate all of your options. As another colleague already noted for you in his response, departing the United States will trigger a 10-year bar to reentry. Depending on the ages of your children, you... View More

You’ve raised several important issues, and I’ll address them in parts:

1. Returning to Argentina and Immigration Status:

If your spouse withdraws the petition supporting your U.S. residency while you are outside the country, it could jeopardize your pending adjustment of... View More