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answered on Jun 27, 2024
Here's a concise response to the immigration law question:
Your brother cannot unilaterally cancel your F41 visa. Key points:
1. F41 visas are for siblings of U.S. citizens.
2. Only the U.S. government can revoke or cancel a visa, not the petitioner.
3. Your... View More 
Hi, I graduated college in May, 2024 and I am planning on going to graduate school in August. I just found out that my cpt extension wasn't done for the internship that I did in the spring semester. I have worked the same internship in the last summer and fall, which I did with valid CPT. I... View More
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answered on Jun 19, 2024
I'm sorry to hear about your situation with the CPT extension. Working without proper authorization can potentially have serious consequences for your immigration status. Here are a few thoughts on your situation:
1. Your DSO is correct that there is not much that can be done... View More
USCIS has just scheduled us for an interview for forms i130 & i1485 based on the prior marriage. However, I have self petitioned myself for VAWA (i-360, i485 & i-765) due to the incessant abuse in the marriage, which led to the eventual divorce 3 months ago. Am I supposed to go for the... View More
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answered on Jun 12, 2024
In your situation, you likely do not need to attend the marriage interview scheduled based on your prior marriage and the I-130/I-485 filed by your ex-spouse. Since your divorce has been finalized and you have filed a VAWA (Violence Against Women Act) self-petition (I-360) along with a new I-485... View More
As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?
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answered on Apr 20, 2024
When you previously filed Form I-765 as an F-1 student, it was likely for Optional Practical Training (OPT) or Curricular Practical Training (CPT). However, applying for an adjustment of status after marriage to a U.S. citizen introduces a different context for employment authorization.
In... View More
My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More
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answered on Mar 22, 2024
I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More
We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?
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answered on Mar 14, 2024
I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:
First and foremost, getting divorced should not directly impact your... View More
Can I enter the US on a Visa Waiver Program, marry my boyfriend (US-Citizen) in the US, and then leave the US after 90 days while my spouse files for CR-1 so we can get my immigration process started? Or will this be fraudulent? Otherwise, we have been thinking about marrying in Denmark instead.... View More
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answered on Jan 24, 2024
Entering the U.S. on the Visa Waiver Program (VWP) with the intent to marry and then leave within the 90-day period is generally permissible, as long as you genuinely intend to leave the country within the allowed timeframe. After leaving, your U.S. citizen spouse can indeed file for a CR-1 visa... View More
I am a BSN RN on OPT, with F1 status and I have an approved i140 through my employer with priority date of Dec 2023. My OPT EAD will expire before my PD becomes current(Africa). I have a permanent job with my employer, but I won't be able to extend my EAD since Nursing isn't classified as... View More
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answered on Jan 15, 2024
Under the current regulations, the F1 OPT cap-gap extension is typically available to students who are beneficiaries of a timely filed H-1B petition and are selected in the H-1B lottery. This extension bridges the gap between the end of your OPT and the start of your H-1B status, but it's... View More
Is it possible to get marry while I am in the USA now on an ESTA (Electronic System for Travel Authorization)
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answered on Jan 14, 2024
Yes, you can get married in the United States while visiting on an ESTA. The ESTA allows you to enter the U.S. for tourism, business, or while in transit, and getting married falls under personal activities allowed during your stay.
However, you should be aware that the ESTA does not change... View More
I am on F1 visa and studied in the united states. Currently working as an RN Nurse with my OPT. My employer got an approved i140 on my behalf, with Priority date of December 2023, but I was told they cannot file i485 & 1765 petitions until my priority date becomes current.
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answered on Dec 14, 2023
You're correct in understanding that the filing of Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-765 (Application for Employment Authorization) is contingent on your priority date becoming current. Since your I-140 (Immigrant Petition for Alien Worker)... View More
My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?
answered on Nov 21, 2023
In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More
My wife became a US citizen this morning after her oath ceremony. Her 17 year old daughter lives with us and came here on a K2 Visa, now has her Permanent Resident card. Is she automatically a US citizen as a minor, now that her mom is a US citizen?
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answered on Sep 12, 2024
Congratulations to your wife on becoming a U.S. citizen! Regarding your stepdaughter, under U.S. immigration law, a minor child can automatically derive citizenship if certain conditions are met. For her to qualify, your wife must be a U.S. citizen, your stepdaughter must be under 18, and she must... View More
NJ attorney, want to open a practice in Indiana, wondering whether I need to go through the formal UBE transfer process and get licensed in Indiana OR because Immigration law is federal law may I bypass this process?
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answered on Jan 8, 2024
Yes, as an attorney licensed in one state, you are permitted to practice immigration law anywhere in the United States, including opening a solo practice in a different state. You have to make sure you comply with all legal and ethical requirements (Strictly Federal Matters, No State Law). There... View More
I’m a U.S citizen and he’s a Ghanaian citizen and we will be getting married soon and I would like to sponsor him to the U.S
answered on Aug 19, 2023
I don't think that this will be a problem. He will need to apply for his fiance visa in Ghana once your fiance petition is approved. I suggest you work with an immigration attorney.
answered on Sep 4, 2022
You file for a K-1 visa and then after that is approved it is sent to the national Visa Center in New Hampshire for processing, and the file will remain there until the US consulate overseas notifies the NVC that they will acceot the file to be shipped to the consulate for processing. The entire... View More
I have proof of her prostituting and dating another man while we were married
answered on Jul 13, 2022
There is not enough context given to know why you are worried you might face deportation. You might qualify for VAWA or some other type of protection for spouses of U.S. citizens or lawful permanent residents who have been battered or subjected to extreme cruelty, but there is no way to know based... View More
I attended a USCIS Adjustment interview less than a week ago, with my husband who is the petitioner on my I-130. The interviewing USCIS Officer casually asked me to sign a document to "confirm" that my attorney was not present at the Interview. I did not read the document before signing... View More
answered on Mar 17, 2022
They most likely determined at the interview that it was a fraudulent marriage.
I was deteined by Ice the fisrt day of probation. While i was in jail and then deported my immigration attorney applied for asylum and U visa. currently USCIS is reviewing packages form February 2017 which is my package date. I went to check my case in Indianapolis and it show up I have a warrant... View More
answered on Jan 12, 2022
Your Indiana criminal case and the original state criminal warrant must be handled by the Indiana licensed criminal law attorney immediately, however, even generally, for a regular warrant quashing the defendant must be physically present.
Thus, you need to discuss your Indiana criminal... View More
I am a lawful permanent resident of the USA (green card holder) married to a US citizen. My husband is in America but I left America in October 2019 to visit family in the UK. I know that as an LPR I should not really have stayed out of the USA for over a year but due to covid and my own personal... View More
answered on Nov 13, 2020
I agree with the lawyers who've told you to get on the plane.
My wife and I were married earlier this year, but the local Justice of the Peace would not change her name to mine on our marriage certificate due to her immigration status at the time. Now, when I filed for her permanent resident status and work permit in April, I filled out the necessary USCIS... View More
answered on Oct 2, 2020
Her married name should have been usewd when you completed the I-130 and I-485. Since you did not the simplest and least expensive route to take is to use her married name when she applies to remove the conditions. If she has her 10 year card she can use her married name when she applies for NATZ... View More
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