I am unmarried 30 years old. Me parents became citizens of the US. Now I am in the US, waiting for interview, because I have pending asylum case. As I understand, my parents can fill Form I-130, Petition for Alien Relative. But am I qualify for Adjustment of Status? Should my parents fill Form... Read more »
Answer 1: Not necessarily. Answer 2: Probably not, but more information is needed. It may be in your best interest for your parents to file a form I-130 as soon as possible, but more information is needed!
It is not what you believe. You are subject to visa quotas. The Family first... Read more »
What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?
Your U.S. citizen parent can file the FORM I-130, relative petition, on your behalf with USCIS. The filing of the relative petition will not affect the asylum request nor the employment authorization that has been issued to you. The relative petition will also provide you with another option in... Read more »
Will issues arrive if I accept employment abroad as she has been a LPR for roughly 1 year? What measures can be taken to avoid issues with an 'interruption' of her permanent residency in the U.S. if I choose to accept employment and we legally live outside of the country?
The short answer to your question is "possibly." However, there may be measures you can take to protect her status as a lawful permanent resident, such as filing for a reentry permit. For whom you work abroad may also open up options for her, including naturalization (if that is... Read more »
My mom passed away in Jamaica. Can I travel to Jamaica?
You need to have an immigration lawyer evaluate the disposition in your criminal case to determine whether it constitutes a ground of inadmissibility under Immigration & Nationality Act (INA) § 212. You would not likely experience a problem leaving the United States, but upon reentry,... Read more »
My husband has been a permanent resident for over 5 years and on the 7th year of our marriage we filed his application application for citizenship. Is it ok for us to get divorced now before he has gotten his fingerprints/exam/swearing in?
If you file for divorce before the oath ceremony at this point, questions of good faith marriage could arise. In addition, the application could be delayed if the divorce isn’t finalized before the interview or the oath ceremony.
I just turned 18. I’m applying to college and I just got a job at McDonald’s. I have no other family in this country except my dad who threatens to kick me out . I don’t know much about how to live In this country . I’m still new to this country. I have no where to go and no one to help me... Read more »
Please talk to someone you know in your community, perhaps the manager at the McDonalds where you work--or the guidance counsellors at the college you are applying for--or Google "Mental health Help Line" and look for a mental health organization in in the Winter haven area. Do not wait... Read more »
Do I have to be his financial guardian? Meaning, when I sign his paperwork, am I pledging to be his financial guardian?
The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner (you would be the petitioner for your husband) to obtain an immigrant visa or adjustment of status:
All immediate relatives of U.S. citizens which include spouses who... Read more »
She’s here on a tourist visa which expires next August. would it be too risky to get married and apply for the adjustment of status right away within this short time? I have to mention as well that I was previously married and filed for adjustment of status for my ex wife (which went on... Read more »
Sounds like you should consult with an experiemnced immigration attorney before you proceed.
So I’m trying to get married to my girlfriend. She’s in the uk and im in the us. I know how the immigrant marriage visa process works to get her here. But how do I get married to her in the first place if you’re not allowed to marry on a tourist visa?(as this can ban her from the us... Read more »
First and foremost, congratulations! Next, it is a common misconception that one cannot marry in the United States while here on visitor status. One can do so while in visitor status as long as the person does not have the intent at the time of marrying in the U.S. to thereafter pursue adjustment... Read more »
I own a company offshore and am interested in moving to the U.S. I match all requirements but am stuck in the "substantial investment area".
I acknowledge that it may vary based on your sector of investment, but some law firms claim that a simple investment for an office may be... Read more »
You may be referring to an E-2 and not the L-1A.
As to the “substantial amount “ to be invested please note the following:
“ A substantial amount of capital is:
Substantial in relationship to the total cost of either purchasing an established enterprise or... Read more »
But there is a possibility my J1 will be canceled since my Internship is in hospitality and no one knows when will hotel by re-open. What will happened if they will cancel my J1 but I will be in a process of changing? Can I stay here LEGALLY because I’m already in the process?
If you have received a stipend, then you may prove that you remain in status. If you are unable to prove that you remain in status, your change of status request can be denied. This denial will likely make it more difficult to seek a new visa from a consulate or embassy in the future.
I... Read more »
What are the new law’s
You are disqualified from filing and getting a green card for immigration while ‘in the United States’ if you used a C1/D1. You must consular process.
If you have overstayed the I-94 entry time, then this can create a 3 year, 10 year, or even permanent bar on lawful immigration without... Read more »
I need to extend my B2 Visa (using form I-539) because international borders are closed and I cannot fly-out of USA due to COVID-19 situation. Do I really need to pay the $450 fee even though it's a special situation that's out of my control or can I use the I-912 Fee Waiver? I don't... Read more »
That is not one of the forms for which one can file a request for a fee waiver.
Also, wife is a green card holder. She's currently unemployed and can not afford it. Does husband of one (1) year, have right to refuse his obligation to get her pregnant against her will? Can she file a complaint and get her husband to provide contraception?
Your question is confusing. I would encourage her to reach out to the many local organizations that can assist with free or low cost birth control if this is something that she is seeking. There is nowhere to file a "complaint" against a husband who is not being a "good"... Read more »
I am currently under parole under the Cuban Adjustment Act. I have to apply for the green card in August. I was currently laid off from work due to COVID-19.
Receiving unemployment will not affect your eligibility for green card.
Denial letter was accompanied by a six page letter of allegations towards my green card petitioners -(my father and step-mother) allegations of fraud and misinterpretations . Opinions that I should not have obtained my permanent residency to begin and not eligible from their standpoint , I've... Read more »
The allegations that have been presented against you are serious and could result in a “Notice to Appear” before an immigration judge. USCIS is claiming that your resident status was improperly issued. At this juncture, you should engage an experienced immigration attorney to assist and guide... Read more »
I need to replace my temporary green card with a permanent one soon, and I want to change my last name from my birth one to my husband’s. Can I change it on the I-751 form? If so, how should I do it?
You can use your married name on the Petition and attach the name changing document (marriage license).
I am married (23 years and counting) to a US citizen and have been living in the USA since 1995 legally. I was gained permanent resident status back in 1999.
I meet all the criteria as per the N-400 form. My green card expired 2 months ago, and I would like to apply for citizenship... Read more »
Although I have not known USCIS to deny one's naturalization application under circumstances such as those that you describe, what I do know is that USCIS has a policy/guidance whereby they want applicants under such circumstances to submit an application for replacement green card in addition... Read more »
In a week, it is 1 year and 1 day I have been living in the US and I am supposed to send my documents to USCIS to apply for my residence under Cuban Adjust Act Immigrant Program. Does the new Trump's executive order, pausing 60 days Immigration Green Card Processing affect me? If yes, should I... Read more »
Hi there! The current executive order will not affect you as it only applies to aliens who are outside of the US and applying for immigrant visa ( green card) through the U.S. consulate. However, I would recommend that you apply for green card as soon as you become eligible. Good luck!
Will filing for unemployment be a means for deportation or jeopardize my chances for citizenship?
To be eligible for state unemployment benefits, you must fulfill the state eligibility requirements where you reside and work.
The receipt of state unemployment benefits will not negatively affect your permanent resident status nor your eligibility for naturalization provided that no... Read more »
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