I am a current dependent of a u1 visa so I currently hold a U3 visa. I travelled abroad by myself and was wondering about re-entry into the U.S. My visa does state I am allowed to re-enter however it says that I would need to apply for a u-visa at an us embassy or obtain a waiver. I was wondering... Read more »
You will need to apply for the U-3 at the U.S. consulate in your home country. You should contact the U.S. consulate near your home to obtain instructions as to the local procedures and timeline for visa issuance. You may be required to file a waiver depending on your immigration background /...Read more »
If you are a lawful permanent resident, authorized to work, or a U.S. Citizen, then the answer is likely no. The challenge is that you must contact an attorney, who handles civil rights matters in Alabama to discuss the violation of your civil rights based upon the legal decisions in the Eleventh...Read more »
I am an immigrant and i have nobody here than my kids. I divorced due to abuse and still my ex trying hard to make my life harder. I feel like i am not stable financially and that my kids are suffering being with me. I have decided to change state and work hard till i get stable but the problem is,... Read more »
Hi, the requirements for US citizenship does not require having children even if the children are from your sponsoring spouse. If you have had your GC for up to 5 years and you do not have any criminal record, you are in a good position to apply for U.S citizenship. Let me know how I can help....Read more »
Yes, if a consular official reasonably believes that someone is disqualified, then the visa application can be denied without further clarification. That is why you received a section 221(g) determination.
To find out more, if it’s even possible, will take diplomacy, among other...Read more »
The primary will go from B to R (I-129), but can the dependents stay in the US while this is in process? How do I apply for R2s for them? Will they have to return to Bahamas while this is in process, or do they have to return after approval? Is there an additional form to file with the I-129? 2... Read more »
Without reviewing the forms you submitted. I cannot provide a feedback regarding why the petition was cancelled. I recommend that you contact an Immigration attorney to review the forms you submitted, and to review the notice you receive from Immigration Services. The attorney can provide the...Read more »
I was married in u.s when i got married in india in 2015 but later got divorced with my x wife in u.s in August 2015 can i still file for my present wife in india for i130 or isit a big problem since im Muslim and allowed 4 wives? Plz help im really confused
No. USCIS does not recognize polygamous marriages even if valid in the place of celebration. You will need to remarry your "second" wife (the one you married in India in 2015) to be able to file a family petition on her behalf. I suggest that you consult an experienced licensed...Read more »
The U.S. bars polygamy. You can only be lawfully married to one person at a time. If you were married to more than one person, but did not report it to the USCIS, then you misrepresented a material fact. This can result in the revocation of lawful permanent resident status. I don't know...Read more »
I live in the state of Alabama and I filed for the I-130 for my husband who lives in Albania. I saw that for Alabama we are under the Texas service center, however on my I-797C receipt it says Nebraska Service Center. Is that normal to be processed under a different service center?
Not a lot of people can ‘successfully’ do so. I strongly recommend a teleconference with a competent, ethically considerate and experienced immigration attorney with time to advise and investigate before you take action found to be without merit by the USCIS. Good luck.
I have my Naturalization interview. They are asking for selective service registration which I don't have since i am now 31 years old. I came to USA in non immigrant visa status, student visa F1 status. Also, I was over 26 when I file for green card. Can you please let me know what should I do here.
It is unlikely that you will need it. If you remained a student until you filed for your green card, then weren’t required to register. In addition, if you are over 31 years of age, then it doesn’t matter anyway, since more than five years have passes since you turned 26. You can write a...Read more »
Usually when an immigrant marries a U.S. citizen and the U.S. citizen files a petition for permanent residence on behalf of the immigrant, the immigrant is granted conditional permanent resident status until the couple has been married for two years. This two year conditional period is supposed to...Read more »
I ran into an issue with my H1 B. My H1 B is approved by an employer and starts from Oct 1st, 2018. But my employer terminated my employment on Sept 17th, 2018 and he applied for a withdrawal of H1 B petition to USCIS on Sept 20th,2018. So I can get back to my STEM OPT (Valid Untill 2020) right? I... Read more »
Your employer should submit an H-1B petition for you in April. If you are selected in the H-1B lottery, you can get an H-1B visa. Otherwise, if you are eligible for STEM-OPT, make sure that your employer is on E-Verify and that way you can get another 2 years on OPT.
I was born in the Philippines, immigrated to America, and now my mom has gained US citizenship. Have I lost my Filipino status or not? Consequently, how long will I be permitted to stay in the Philippines? I'm asking because I'm tired of living in America and I'd like to return to... Read more »
A religious organization has asked her to stay for a year, and filed an I-129 petition for adjustment of status to R. She would like to go on a short mission trip for 2 weeks, and may be able to obtain more time on her I-94 on re-entry; but her I-129 has already been filed.
That’s risky. Customs officers will question your intent. You would be coming to the US on a tourist visa but the fact that an I-129 has been filed on your behalf suggests a different intent than tourism. You could, therefore, be denied entry.
This is complicated and unfortunate. He must prove to the satisfaction of the USCIS that he has been outside the U. S. for at least ten years in order to file for advanced permission to re-apply. However, in doing so, he must also prove that his situation merits enough discretion to overcome the...Read more »
My brother, a US citizen, is moving back to the US with his wife, a non-citizen, and children after many years spent in Japan. Since he doesn't have an income here in the US, yet, he needs a co-sponsor for his wife. I understand that according to the Affordable Care Act she is required to have... 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.