Get free answers to your Immigration Law legal questions from lawyers in your area.
I am a permanent resident in the U.S., and I want to know if I can sponsor my undocumented sister to obtain a green card. She has been living in the U.S. for over 29 years and has no other family here who can sponsor her. What are the possible options or legal pathways available for her to become a... View More 
answered on May 9, 2025
A U.S. citizen can sponsor a sibling for a green card, but the process typically takes around 14 years due to visa availability limits. When a visa becomes available, the sibling must still be in lawful permanent status to apply for a green card. However, if they have accumulated more than one year... View More
My wife, who is on an H1B cap-exempt visa, is a dentist married to me, a U.S. citizen. She recently obtained her EAD through me, and she wants to resign from her H1B cap-exempt position. Her employment agreement does not mention any obligation to disclose her EAD status. She currently lives two... View More
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answered on Apr 28, 2025
Whether your wife should disclose her Employment Authorization Document (EAD) status to her H-1B cap-exempt employer depends on several factors, including company policies, immigration implications, and personal preferences.
Here is the key consideration:
Legal Requirement: There... View More
I was arrested in 2012 and received a civil ordinance ticket for drug paraphernalia as a green card holder in Illinois. I want to apply for naturalization but am concerned about whether this civil ordinance violation will affect my application. I never faced a court date, jail time, or entered a... View More
answered on Mar 27, 2025
A 2012 civil ordinance violation for drug paraphernalia, while seemingly minor, could potentially impact your naturalization process. USCIS considers your moral character over the statutory period, typically the five years preceding your application. While a single, isolated incident without a... View More
I'm an international student on an F1 visa, and I married a US citizen last year. I only have a graduate fellowship that covers tuition and provides a monthly stipend. My husband is employed. I have not applied for a green card yet. Should we file taxes jointly or separately?
answered on Jan 16, 2025
There are some circumstances that allow a married person to file taxes as Head of Household (HOH) but from an immigration perspective it is best to file taxes as "married". Similarly, filing taxes as Married Filing Separately (MFS) can sometimes be beneficial or necessary for tax... View More
If I apply for both the green card and the 2-year home residency requirement waiver (J1 visa) at the same time, would there be any legal consequences or complications? Additionally, for the waiver, could I apply based on both a non-objection statement and extreme hardship at the same time, or is it... View More
answered on Dec 5, 2024
Technically, you can apply for both together. However, it is highly likely that USCIS will issue a Request for Evidence (RFE) regarding the fulfillment of the two-year residency requirement. In response to this RFE, you will need to provide evidence to demonstrate compliance with or an exemption... View More
I see two options: 1. Changing my visa status to B-1/B-2 or 2. Changing my status to F-1 using the regular process with a bridge application. Can you help me decide which option is best and guide me?"
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answered on Jul 22, 2024
I'm sorry to hear about your situation. Choosing between changing your status to B-1/B-2 or F-1 depends on your goals and circumstances. The B-1/B-2 visa is for temporary business or tourism, offering a short-term solution if you need time to arrange your affairs or explore other employment... View More
If I am a foreigner, and I become a citizen though marriage, get divorced after the proper time period, could I marry a foreigner and would they become a citizen?
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answered on May 31, 2024
As an American citizen, you can help your foreign spouse become a U.S. citizen through the immigration process. However, marriage itself does not grant automatic citizenship. Your foreign spouse must first obtain a green card (permanent residency) through marriage, then meet the residency and other... View More
I am an Indian national living in Chicago, my wife is an American citizen. We got married 8 months ago. I received my Combo card (EAD and Advance Parole) 5 months ago. We’re planning a 4 day trip to Cabo San Lucas, Mexico. I was on F-1 visa before marriage, this visa expired in 2023. I currently... View More
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answered on May 26, 2024
Based on the information you provided, as an Indian national with a valid U.S. Combo Card (Employment Authorization Document and Advance Parole), you should be able to travel to Mexico and re-enter the United States without needing a separate Mexican visa. However, there are a few things to keep in... View More
I got approved CPT by the school before started working. So everything is legal but I’m just worried about how should I file tax to avoid futures consequences.
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answered on May 25, 2024
If your employer doesn't issue a W-2 because you're a part-time intern, you might be classified as an independent contractor. In this case, you should receive a Form 1099-NEC if your earnings exceed $600 in a year. Even if you don’t receive this form, you’re still responsible for... View More
I lived in the US on visas for years and have a SSN. Due to my employment termination, I had to exit the US. A US company wants to hire me to work remotely and asked me to fill out the W4 for the tax withholding. Can I work for them outside of the US on the W4 payroll? In other words, is it... View More
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answered on May 24, 2024
Working remotely for a US company while outside the US and being paid through W-4 could raise some concerns regarding your future immigration status. The primary issue is whether this work would be considered unauthorized employment under US immigration laws. Since you are not physically present in... View More
approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you
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answered on Apr 15, 2024
For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.
That said, here is some general information that may be helpful:
1. Overstaying your H1B visa can have serious... View More
I initially came to the U.S. on a J1 visa, which included a two-year home residency requirement. After spending a year in the U.S. as a researcher, I got an offer to do a PhD, returned to my home country, and then re-entered the U.S. on an F1 visa to start a PhD. My F1 visa was issued for two... View More
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answered on Apr 13, 2024
Your engagement to a U.S. citizen may raise some questions during your F1 visa renewal process, but it should not automatically disqualify you from obtaining a renewed visa. However, you will need to demonstrate your intent to return to your home country after completing your studies.
Here... View More
What do I put on i864w part 2? There's 2 awnsers that say i360 but 1 says for widower,amerasion or special immigrant and the second awnser says battered spouse or child.
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answered on Apr 6, 2024
Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, is used in certain cases where the intending immigrant is not required to submit Form I-864, Affidavit of Support.
In Part 2 of Form I-864W, you need to select the reason for your exemption from the... View More
I come to USA by Chicago O’Hare airport and left by the same airport. I have I-94. I have asylum case in Chicago and left the USA after interview, I have missed court. I havent advance parole. If I come to USA by Mexico border, can I enter second time? Or what can I do ? Thank you!
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answered on Mar 28, 2024
If you left the United States without advance parole while having an asylum case pending and missed your court date, re-entering the country, especially through the Mexico border without proper authorization, could significantly complicate your situation. The absence of advance parole generally... View More
Hi
it’s has been 56 days when we have the approval notice for I-129F and the case was sent to NVC by USCIS. I contacted NVC by email and they only sent me the case number. How long we need to wait to have the welcome letter please?
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answered on Mar 26, 2024
Receiving the welcome letter from the National Visa Center (NVC) after getting an approval notice for I-129F can vary in time. Typically, after USCIS approval, it may take from 30 to 60 days for the case to be transferred to the NVC and for them to send out the welcome letter. However, this... View More
Hi
it’s has been 56 days when we have the approval notice for I-129F and the case was sent to NVC by USCIS. I contacted NVC by email and they only sent me the case number. How long we need to wait to have the welcome letter please?
answered on Mar 28, 2024
After USCIS approves the petition, NVC generally will take up to 90 days for the immigrant visa case creation. This is sent by email or mail (if no email is on file) and contains the NVC Case Number and Invoice ID Number. Sometimes, the case creation takes few weeks, sometimes it takes longer. If... View More
Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen
We brought all required documents as instructed and ALSO uploaded it all to... View More
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answered on Mar 14, 2024
I'm so sorry to hear about the difficulties you and your wife are facing with her marriage-based green card application. It sounds like an incredibly stressful and frustrating situation, especially after all the preparation you did to provide the required documentation.
For your... View More
Can you please help my wife & I with our immigration situation? She's Chinese and yesterday had her marriage based greencard interview to get her visa yesterday. I'm the petitioner and a USA citizen
We brought all required documents as instructed and ALSO uploaded it all to... View More
answered on Mar 16, 2024
This is highly irregular unless the officer based his analysis on “current” income that he felt was insufficient. The most important evidence of current income are pay stubs and bank statements from the last 6-12 months. Also, officers do not accept the 1040s; they need the tax transcripts that... View More
Or can I create art in my home country while I’m on vacation and sell in other countries? If yes, can I sell in USA too?
Please let me know. Thank you!
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answered on Mar 11, 2024
As an H1B visa holder, there are some restrictions on your employment and income-generating activities. Here are a few key points:
1. H1B visa holders are typically only authorized to work for the specific employer who sponsored their visa. Engaging in work or earning income from other... View More
I am getting married to my fiancé in France. I submitted my passport, birth certificate, and proof of no prior marriage. They said I also need to send in an apostilled proof of residency of where I live in Chicago. I cannot find any info on what this document is. I am not planning on moving to... View More
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answered on Feb 21, 2024
To obtain an apostilled proof of residency for your wedding in France, you can typically request a document from the local government office that verifies your residency. This document may vary depending on the specific requirements of the French authorities, but common examples include a utility... View More
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