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He is waiting on a green card so will continue to stay here till 2025 hoping by then he has his green card. He also did not file taxes in his country in 2021 and 2022 when he went home. Our agent said we did not need to withhold taxes but now that he is staying here and we do not have a tax treaty... View More 
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answered on Mar 20, 2024
Understanding and complying with tax laws is crucial, especially for H2A workers like the one on your farm. Since he is from South Africa and has been working in the U.S., he may need to file U.S. income taxes, despite the lack of a tax treaty between the U.S. and South Africa. The requirement to... View More
Can he file Form I-192: Application for Advance Permission to Enter as Nonimmigrant? Where can this be filed since he lives abroad? is it with the consulate or embassy? Thanks
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answered on Dec 18, 2023
In cases like your brother's, where there's a previous incident of fraud leading to visa denial, Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, can be a path to consider. This form is used to apply for what is known as a "waiver of inadmissibility,"... View More
My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and I am a US citizen born and raised in the USA my entire life. I married her in Hong Kong in 2018. I was able to get them both visas ,ir1, and ir2. They are now here in the United States. I would like to get... View More
answered on Jan 16, 2023
If you are the birth father of the child, then you should be able to file a Form N-600 to obtain a certificate of citizenship. Under the Child Citizenship Act (INA 320) a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met... View More
My ID is expired and I'm to broke to go home, what will happen if I get pulled over or caught, will the just escort me to the border or will it be a whole court thing?
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answered on Jul 28, 2024
If you get caught staying in the U.S. beyond your authorized period, it could lead to serious consequences. Immigration authorities might detain you, and you may have to go through a removal process, which often involves a court hearing. This process can be lengthy and stressful, especially with... View More
My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... View More
answered on Feb 12, 2020
That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.
I'm getting married in May, and I am also graduating from my MBA in May (I have a F-1 visa). I'm planning on applying for the OPT soon and applying for the green card right after the wedding in May. How does it work if my OPT start date is in June, for example, and I apply for the green... View More
answered on Jan 16, 2020
First, it doesn’t make sense to apply for an EAD through adjustment right off, since you will have a current EAD. If your OPT EAD comes to within four months of expiring, and your green card has not yet been approved, you can apply for a new green card based on a pending adjustment application at... View More
I'm getting married in May and applying for the green card right after, but I was wondering if I can have issues with my future wife changing her last name to mine since on my passport, they put my middle name with my last name My last name on my birth certificate is different from the... View More
Is this possible?
In the state of North Dakota a family was on their way home when a police officer pulled them over for a bad license plate light. One daughter who is a citizen was driving .The officer asked everyone in the car for identification. Mother and father were passengers including their youngest child who... View More
answered on Jun 30, 2018
She is probably eligible to apply for a green card through cancellation of removal.
Here are the requirements:
If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs... View More
answered on May 4, 2018
You should show a copy of your record of conviction with an experienced immigration attorney.
answered on Apr 27, 2018
Does CSPA apply to his case?
A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be included in the parents petition. For example, a... View More
answered on Apr 27, 2018
He may be eligible for a green card under the Child Status Protection Act.
A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be... View More
He will be getting married to a us citizen nov 26th, he has a us social security card, visa, and birth certificate already just no green card yet
answered on Apr 27, 2018
No, a green card but an EAD work permit. He will get an EAD about 4-5 months after applying for a green card.
The wounding with intent charge is over 20+ years, he served less than 3 years in prison in Jamaica. He has some minor offenses after that the last being in 2009. We tried to have his police record expunged but after being told they could expunge but had to wait 3 years, they said no it is not... View More
answered on Oct 4, 2017
You need to obtain a copy of his criminal record and have an immigration attorney review it to see if it gives rise to any grounds of inadmissibility and if there is a waiver available. So, there is a chance that he could get a visa, but you need to have everything analyzed in advance so that you... View More
Ours is a homosexual relationship and I am student how does our marriage help him get a green card.?
answered on Jun 7, 2017
Same sex marriages are now recognized by USCIS for green card purposes. I have handled cases like this myself and have not had any problems with the immigration office. The best way to proceed would be to get married and file for the green card, just as with any other marriage relationship. All... View More
I am an F-1 visa student and I'm getting married to my boyfriend who is US citizen and California resident. My question is about California residency determination after/if I get a green card. I have lived and went to college in California on F-1 visa for 2 years, but now I'm studying for... View More
answered on Sep 28, 2015
This is not exactly a immigration question, the best people to ask this question would be the people at the DMV. Call the DMV customer care and clear your doubts with them because eventually you will be applying for your ID at the DMV. All the best.
15 years of successful immigration law... View More
She fillet for him and me from 2012 I got through but he his perking is still at the review stage
answered on Dec 5, 2014
To get a full, specific answer for your question you would really need to speak to an attorney who you can describe the entire situation to, but as a general matter if you have an approved immigrant visa number you can file for adjustment of status.
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