Hi, i currently have a pending I-751 and got the extension letter/ receipt notice. I'm planning to travel abroad but curious what happened if my I-751 got approved or if an interview is scheduled while I'm abroad? Can I still return to the US with my expired conditional green card +... View More

answered on Dec 3, 2023
If your I-751 petition is approved while you are abroad, you should be able to re-enter the United States using your expired conditional green card along with the receipt notice/extension letter. This documentation typically serves as evidence of your continued lawful status while the petition is... View More
Form 589 filed and work authorization available. Individual hearing after 5 years. I would like to speed up the process. 5 years is a long wait for me. There is a creative portfolio with evidence. I think 5-6 points out of 10 can be approved.

answered on Dec 2, 2023
Yes, it is possible to engage an attorney for an EB-1A visa while awaiting an individual hearing for your asylum application (Form I-589). Your work authorization and the creative portfolio you mentioned can be beneficial in this process. The EB-1A visa is for individuals with extraordinary ability... View More
My granddaughters mom works in another country and she has a contract of five years to work there. She comes back home at least once a year. I think she's only there with a work visa, not a residency of any kind but it's a long term stay. Would her address that I use still be their home... View More

answered on Dec 2, 2023
In filling out the DS-260 application, it's important to provide accurate and current information. For your granddaughter's mother, who is working abroad on a temporary basis, the appropriate address to list would depend on the nature and duration of her stay in the foreign country.... View More
I'm currently filling out my grandchild's application and it needs the address for her mom. She's currently working in another country. Do I put in their home address in their home country or do I give the address of where she's currently staying for her work?

answered on Dec 2, 2023
In completing the DS-260 application for your grandchild, it's important to provide the most accurate and current information. When it comes to the address of your grandchild's mother, consider the nature of her stay in another country. If her work abroad is temporary and she maintains a... View More
I'm trying to sponsor my son to come the US and I have no income. My son in law will be a joint sponsor though. All his papers have been accepted but I don't know what Documentation I should submit to move forward? Is a letter explaining how my son in law is sponsoring them enough?

answered on Dec 2, 2023
If you have no income and are sponsoring your son to come to the US, you should still submit your federal tax return or transcript to show your financial situation. Even if you have no income, these documents are necessary to complete the sponsorship process.
Since your son-in-law will be... View More
I'm petitioning my son and he has a daughter accompanying him. I paid for her fee and started her ds-260 application. In there, it's asking who the petitioner is, is it still me?

answered on Dec 2, 2023
In your situation, as the petitioner for your son on his immigration application, you are also considered the petitioner for his daughter, your granddaughter. When completing the DS-260 application for your granddaughter, you should list yourself as the petitioner. This is because the petition you... View More
I'm petitioning my son and he has a daughter accompanying him. I paid for her fee and started her ds-260 application. In there, it's asking who the petitioner is, is it still me?

answered on Dec 3, 2023
I will presume that you are a US citizen and care son is single or he is married. Or in the alternative, I will presume that you are a green card holder and your son is not married. In any event, he would also be able to file for your son's daughter who would be granddaughter. No separate... View More
The lawyer sent a letter from the judge that an individual hearing will take place in 5 years. We haven't filed Form 589 yet and we have 2 weeks left until the first Master Hearing. How is this possible? Did the lawyer do this? Can I file a motion to expedite the individual hearing date?

answered on Dec 1, 2023
In immigration proceedings, the ability to cancel a first master hearing and schedule an individual hearing in the future, such as after 5 years, largely depends on the specifics of the case and the discretion of the immigration judge. If your lawyer has informed you that an individual hearing is... View More
I joined my current employer in California on H1B in Sep 2023. In Oct 2023, my EB3 priority date got current. I'm India born on EB3 with Apr 2012 PD. My employer's not filing any PERMs since they laid off thousands of workers recently. Assuming my PD stays current for good, am I required... View More

answered on Nov 30, 2023
Understanding your situation with the EB3 priority date and current employment challenges is essential. Firstly, you are not required to file the I-485 (Adjustment of Status) immediately when your priority date becomes current. However, if you don't file while your priority date is current,... View More
I joined my current employer in California on H1B in Sep 2023. In Oct 2023, my EB3 priority date got current. I'm India born on EB3 with Apr 2012 PD. My employer's not filing any PERMs since they laid off thousands of workers recently. Assuming my PD stays current for good, am I required... View More

answered on Nov 30, 2023
If your EB3 priority date is current and your current employer is not filing PERM due to layoffs, it's important to explore alternative options promptly. While you are not required to file the I-485 (Adjustment of Status) immediately upon your priority date becoming current, delaying it might... View More
I'm a startup founder on O1, which got expired on 03/23. My lawyer confused it with my cofounder( my brother, same middle, last name). And he's expires in 03/24. The plan was to get us on GC through our O1. What are my options now? I'm already on my way back home.

answered on Nov 21, 2023
In your situation, it's important to address the expired O-1 visa promptly. Given that you are already on your way back to your home country, you may consider applying for a new O-1 visa from there. This process involves submitting a new petition and demonstrating your extraordinary abilities... View More
I am an immigrant and I plan to go back to my country after divorcing my spouse. We will have a default divorce with agreement and I will be the petitioner. As soon as I file everything with the court, can I move back to my home country after and just wait for the judgment from there?

answered on Nov 15, 2023
Under California law, you can generally return to your home country after filing for divorce, especially in a default divorce with agreement where you are the petitioner. However, it's crucial to ensure that all necessary documents are filed correctly and that you have made arrangements to... View More
Her card's ten year expiration just passed and I'm helping her file the online USCIS form. Should I be using my name for both the preparer and translator? or would you advise to see a lawyer to do the filing?

answered on Nov 14, 2023
If you are assisting your mother with her Form I-90 for green card renewal and are fluent in English and any other language used in the process, you can act as both the preparer and translator. On the form, there are sections to indicate that you assisted in the preparation. It's important to... View More
they been married for a 1 year, and he just got a green card couple of months ago.

answered on Nov 14, 2023
Your daughter can definitely file for divorce from her husband, even though they've only been married for a year. Emotional, verbal, and mental abuse are all grounds for divorce in California.
As for her husband's green card, it's important to note that getting a divorce does... View More
they been married for a 1 year, and he just got a green card couple of months ago.

answered on Nov 14, 2023
In California, your daughter has the right to file for divorce regardless of the duration of her marriage or her husband's immigration status. She can initiate the process by filing a Petition for Dissolution of Marriage in the county where she resides. California is a no-fault divorce state,... View More

answered on Nov 13, 2023
If you wish to withdraw sponsorship for a U4U (Uniting for Ukraine) beneficiary who has not yet entered the United States, you should notify the United States Citizenship and Immigration Services (USCIS) in writing.
There is no specific form for this purpose.
Your letter should... View More
Hi, I have been a U.S permanent resident for 30 years and have a clean record both driving and criminal. But before I was 18 years old I made a trip to Mexico with some friends and on the way back we were detained for having some marijuana. This happened in Arizona. I went back to court twice... View More

answered on Nov 13, 2023
Yes you can still become a us citizen. You have to get a certified copy of your case including the arrest and court disposition, if your record was expunged or sealed you still need a certified letter from the court, in addition because the charge accrued before your 18th birthday it will not be... View More
Hi, I have been a U.S permanent resident for 30 years and have a clean record both driving and criminal. But before I was 18 years old I made a trip to Mexico with some friends and on the way back we were detained for having some marijuana. This happened in Arizona. I went back to court twice... View More

answered on Nov 13, 2023
Yes, you may still be eligible to become a U.S. citizen despite your past marijuana conviction. The good news is that you were not convicted of a crime, but were instead placed on probation. This means that you should not be barred from citizenship based on your past marijuana use.
Hi, I have been a U.S permanent resident for 30 years and have a clean record both driving and criminal. But before I was 18 years old I made a trip to Mexico with some friends and on the way back we were detained for having some marijuana. This happened in Arizona. I went back to court twice... View More

answered on Nov 13, 2023
Given your long-term permanent residency and clean record as an adult, you have a good foundation for applying. However, your juvenile record, particularly the incident involving marijuana in Arizona, could be scrutinized. It's advisable to gather all documents related to this incident,... View More
came with Parents when he was 4-5 yrs old travel visas. been arrested when he was teenager. Married his wife 2010, has children. Wife and kids are citizens, he is not. been overstay since 1980s. seeking legal assistance to apply for permanent residence and possible citizenship. fear of possible... View More

answered on Nov 12, 2023
Based on the information provided, it may be challenging for the American citizen with a criminal record who married an illegal immigrant 13 years ago to apply for citizenship. The overstay since the 1980s and past arrest as a teenager could pose obstacles to obtaining permanent residence. However,... View More
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