I need legal advice on what route to take. Additionally I am trying to make money while I'm here. Not sure if Special student relief or TPS is the best way forward.
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answered on Sep 14, 2023
Given the current situation in your home country, Temporary Protected Status (TPS) may be a more suitable option as it provides protection from deportation and work authorization. However, it's essential to consult with an immigration attorney who can assess your specific circumstances and... View More 
I am a USA green card holder I been getting the 60 day notice from Nvc for the past 2 years but suddenly for the past 4 months Nvc didn’t send me any notice what’s going does that mean interview will be scheduled?
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answered on Sep 14, 2023
The absence of notices from the NVC for the past few months does not necessarily indicate that your interview will be scheduled soon. Visa processing times can vary, and it's essential to monitor your case status on the Department of State's Visa Bulletin and continue to communicate with... View More
I recently submitted a report with links to substantial evidence (PDFs of the full report, screenshots of phone messages to them and to me, all clearly dated and cross referenced; via my Google Drive) detailing my ex wife's infidelity throughout our dating, engagement, and marriage, with... View More
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answered on Sep 9, 2023
Submitting a report to USCIS with evidence of fraud does not automatically revoke your status as a sponsor. USCIS will investigate the matter, which could potentially be a prolonged process. To know the status of your obligations as a sponsor, you will likely need to proactively follow up with... View More
I'm a permanent resident in the US with a 10-year GC that expires in 2030. I moved to the United States in 2011. I got married in January 2017 but got divorced in June 2022 by mutual consent. I don't have any children. Along with my Indian passport, I also lost my GC. I reported the loss... View More
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answered on Sep 7, 2023
Given your situation, it is not necessary to renew your Green Card if you are applying for naturalization through the N-400 form, as you can submit your N-400 application even with an expired or lost Green Card. You should, however, report the loss to the USCIS and obtain a receipt notice, which... View More
Gathered screenshots of my conditional-2-year-green-card-recipient-wife cheating during entirety of our dating/marriage, and about to send to USCIS to show it's not bonafide, just got the final decree.
After we filed and I threw her out of my place, texted her harsh text messages,... View More
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answered on Sep 3, 2023
The abuse waiver for the I-751 petition to remove conditions on residence is generally intended for victims of abuse that occurred during the marriage. Evidence of cheating may be relevant to the bona fides of the marriage but is not directly related to an abuse waiver. Be aware that stalking or... View More
I am Chinese International Student studying on a F1 visa and was offered a volunteer position at a Chinese American Museum. I was wondering if I would require any type of work authorization to perform this. The positions are all completely staffed by volunteers, but I'm worried that it might... View More
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answered on Sep 3, 2023
Volunteering while on an F1 visa can be a complex issue. The general rule is that if the position could be paid employment, then it would typically require work authorization. You should consult an immigration attorney to assess the specifics of the volunteer position and whether it might be... View More
My mother was from Sicily, and I want to file for dual citizenship, I am not sure of the procedure and if a lawyer is needed.
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answered on Sep 3, 2023
While a lawyer is not strictly required to file for dual citizenship, legal guidance can simplify the process and help you avoid pitfalls, especially when dealing with foreign laws and documents. Obtaining dual citizenship with Italy involves multiple steps, such as verifying your eligibility... View More
I am trying to figure out if K1 or CR1 is best/quickest way to proceed as I plan to start work on medical residency programme in July 2025. Do I need to tell border officer I plan to marry on ESTA? I am concerned if I am breaking ESTA rules by going there and getting married and then applying for... View More
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answered on Sep 3, 2023
Entering the U.S. on an ESTA with the intent to marry and then adjust status can be viewed as visa fraud, which carries serious consequences. You can, however, enter on an ESTA, marry, and then leave the U.S. before your 90 days expire without adjusting status, but it's crucial to be... View More
I am on a B-1/B-2 visa and I believe I am eligible for EB-2 NIW. I am a researcher, with an advanced degree, in a niche field in which the leading countries are competing. I am from Bangladesh, married and have 2 kids. My question is: Would it be safe to apply for the EB-2 NIW on a visit to the US... View More
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answered on Sep 3, 2023
Applying for an EB-2 NIW while in the U.S. on a B-1/B-2 visa could raise issues of "dual intent," potentially risking your B-1/B-2 status. Your "admit until date" on your B-1/B-2 status will not be automatically extended merely by filing an I-140; you would still be expected to... View More
My graduation is in August 2024. Meanwhile, I am actively looking for a job. I came to the career center at my school and they asked me to apply either for CPT or OPT. Should I just tell them I already have an EAD from the asylum? Or Is this a bad idea? Would they withdraw my I-20? I am a dependent... View More
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answered on Sep 3, 2023
Informing your Designated School Official (DSO) about your pending asylum case and EAD could potentially put your F-1 status at risk, as F-1 is a non-immigrant intent visa and applying for asylum may show immigrant intent. Your DSO may choose to terminate your I-20 if they believe that you have... View More
Can I refile I-485 based on previously approved U visa.???
As I completed 3 years PRESENCE ( uscis requirement)???
Will they accept my I-485
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answered on Jul 23, 2023
Based on U.S. immigration law, if your I-485 was denied due to not meeting the required three years of presence after U visa approval, you cannot refile the I-485 based on the same U visa. The three-year requirement must be met before filing the I-485, and a previously approved U visa alone does... View More
Can I refile I-485 based on previously approved U visa.???
As I completed 3 years PRESENCE ( uscis requirement)???
Will they accept my I-485
answered on Jul 18, 2023
When you apply for adjustment of status based on having a U-visa you must submit documentary evidence establishing that you have been physically present in the United States for at least the past three years in lawful u-nonimmigrant status. In addition, depending on the amount of time outside,... View More
Marriage of young age: My wife and I get married on 11/26/2019 in Maryland when she was 17
Fake paperwork:
She bribed a clinic to forge a document to show that she was pregnant,
We together forged the consent signature of her parents (both were not in USA at that time), so... View More
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answered on Jul 23, 2023
As an attorney, I must emphasize that I cannot condone or support any illegal or fraudulent actions, including forging documents or engaging in underage marriages.
Under U.S. immigration law, an annulment of the marriage may be possible if it is proven that the marriage was not legally... View More
Marriage of young age: My wife and I get married on 11/26/2019 in Maryland when she was 17
Fake paperwork:
She bribed a clinic to forge a document to show that she was pregnant,
We together forged the consent signature of her parents (both were not in USA at that time), so... View More
answered on Jul 18, 2023
Your problem is this: You got married on forged and fraudulent documents. If that comes out, the marriage probably isn't legal, but that would be a question for Maryland law. On top of that, since the green card was issued as a spouse, that is also a fraud and will probably be invalidated.... View More
Like can I get a agreement written up and sign by both parties to fully free me of my affidavit obligations to support my spouse in the case he leave this marriage or lied to get a green card or have a baby while still married outside the marriage or if we separated or divorced if we was to both... View More
answered on Jun 29, 2023
You can provide in an agreement that you both waive any spousal support, whether temporary or permanent, provided it is in a proper form just like a deed. However, there are exceptions: sometimes you could have an agreement that is a complete waiver of support , but you may still have to support... View More
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answered on May 16, 2023
Bringing a person from India to the U.S. for a niche job that is difficult to find locally can be challenging, but there are some immigration options that might be applicable in such cases. Here are a few possibilities:
H-1B Visa: The H-1B visa is designed for specialty occupations that... View More
I am a civil engineer with 23 years of experience outside USA . Certificates accredited by WES.
I am here on a valid tourist visa . Can I apply for waivering of tests and get a work permit inside USA ?
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answered on May 16, 2023
As an experienced civil engineer with 23 years of experience outside the USA, you may be eligible for certain waivers or exemptions from tests or requirements when applying for a work permit in the United States. However, it is important to note that the specific rules and regulations surrounding... View More
I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More
answered on May 8, 2023
In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More
I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More
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answered on May 16, 2023
If you are a male and a permanent resident or citizen of the United States, you are generally required to register for Selective Service within 30 days of turning 18 years old. This requirement applies regardless of your future plans to move out of the United States permanently. However, if you... View More
I485 is currently pending, but the child is not included. After getting Green Card based on VAWA - will it be difficult to petition for a child who was not mentioned in i485?
answered on May 2, 2023
Yes, you are likely to encounter difficulty in trying to immigrate a child you failed to list on your adjustment application. At the very least you would be required to explain the reason for the omission and establish that they are in fact your child. The consequences will depend largely on the... View More
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